Building Regulations provide for siting matters that have traditionally been dealt with under the planning approvals system. If your building project does not meet a requirement of the Building Regulations 2018, you must obtain Council's report and consent before a building permit can be issued. The appointed building surveyor cannot issue a building permit unless they are satisfied that any required Report and Consent has been obtained.
Report and Consent Application Types
Report and Consent - Part 5 (Siting)
Apply here for concession in relation to standard Rescode Regulations under Part 5 of the Building Regulations 2018. Please note that some Report and Consent applications require advertising to the development sites adjoining owners.
Council no longer accepts adjoining owner’s comments sought by the applicant for Report and Consent applications pursuant to Part 5 of the Building Regulations 2018. All applications required to be advertised will be undertaken by Council without cost to the applicant.
This change ensures transparency in assessing and determining Report and Consent applications within the municipality.
The following regulations are required to be advertised by Council:
- Regulation 73 – Maximum Street Setback
- Regulation 74 – Minimum Street Setback
- Regulation 75 – Building Height
- Regulation 79 – Side and Rear Setbacks
- Regulation 80 – Walls on Boundaries
- Regulation 81 – Daylight to Existing Habitable Room Windows
- Regulation 82 – Solar Access to Existing North-Facing Windows
- Regulation 83 – Overshadowing of Recreational Private Open Space
- Regulation 84 – Overlooking
- Regulation 90 – Fence Setbacks from Side and Rear Boundaries
- Regulation 91 – Fences on or within 150mm of Side and Rear Boundaries
- Regulation 94 – Fences and Daylight to Windows in Existing Dwelling
- Regulation 95 – Fences and Solar Access to Existing North-Facing Habitable Room Windows
- Regulation 96 – Fences and Overshadowing of Recreational Private Open Space
Due to coronavirus and AusPost delays, advertising periods for Report and Consent applications are currently at 20 business days.
We are currently experiencing a high volume of applications at this time and are adapting the delivery of our service during this challenging time and working to ensure we continue to provide the best customer service. However, changes in our working arrangements may result in delays in assessment times.
In order to streamline the Report and Consent process, please be advised that all communication regarding the application will be with the applicant only.
Starting 1 May 2021, Council will no longer provide alternative offers to application proposals. As offers are not a legislative requirement of the Report & Consent process, Council are under no obligation to negotiate on the outcome of your application. If you are unsatisfied with the outcome, you can exercise your appeal rights with the Building Appeals Board within 30 days.
Allotments and Projections
Any building element projecting beyond the street alignment.
Drainage and Flooding
Build Over an Easement
You must apply for approval to build over an easement in your property. Council will assess a detail design plan and footing details of the proposed structure to ensure that all aspects of this meet the current guidelines and will not impact on any Council's assets that may be in the easement.
You must apply for approval to build in a designated flood area. Council will assess a detail design plan and floor levels of the proposed structure to ensure that all aspects of this meet the current Council guidelines and Melbourne Water Requirements.
Designated Stormwater Overflow Land
You must apply for approval to build in a designated Stormwater Overflow Land. Council will assess a detail design plan and floor levels of the proposed structure to ensure that all aspects of this meet the current Council guidelines and Melbourne Water Requirements.
Precautions Over The Street Alignment
You must apply for approval to protect the public before and during building work as required by your building surveyor.
Occupancy Permits for Places of Public Entertainment (POPE) and Siting Approval for Temporary Structures
An Event Permit is required from Council's Events Team if the event is to be held on public land, refer to Holding an event in Kingston.
Please note: Prior to applying for an application under regulation 118, applicants must read and understand the Place of Public Entertainment Fact Sheet if you have any questions in relation to this information, please contact council's building department on 9581 4131 for further advice prior to submitting your application.