Building FAQs
Q. When is a building application required?A. Building applications are required for all new building work.
Q. When do residents get notified of proposed building works? A. When:
- a Planning Permit is required.
- a variation to the siting requirements under Part 4 of the building regulations.
- protection to the adjoining property (generally with reference to excavation close to the boundary) is required.
General building works do not require notification to the adjoining residences but it is suggested that people discuss projects with neighbours as a common courtesy.
Q. What is an Asset Protection Permit and what is it needed for?
A. A permit system operates for the protection of Council's assets, and to ensure that any damage to Council's assets, as a result of building-associated works (including demolition), is repaired at the cost of those responsible.
Council's assets include:
- footpaths
- naturestrips
- kerb and channel
- trees
- signs
- stormwater drains
- road pavement.
A valid Asset Protection Permit must be in place prior to the commencement of any building activity.
Those required to obtain an Asset Protection Permit are owners, builders or developers, etc.
Please note: An Asset Protection Permit is in addition to any Vehicle Crossover, Stormwater Tapping and Road Opening Permits that may also be required.
Fees
A non-refundable fee of $200 (GST free) is applicable.
It is also necessary for the Permit Holder to lodge a Security Deposit that will be refunded upon satisfactory completion of works, or expended by Council for the reinstatement of any damage caused by building works.
In determining the value of the deposit required, Council will take into consideration the extent of the works and the potential for damage. Please note the minimum Security Deposit amount is $1000.
Q. What do I need to do with regards to demolishing a building or dwelling?
A. Applicants are required to submit a 'Form A' requesting Council advice (together with the appropriate fee) regarding demolition of any building/dwelling.
For more information, contact 9599 4444.
Q. What is an Application for Council Report and Consent (formerly 'dispensation')?
A. The three main categories of dispensations include:
- Building over easement
- Siting
- Fence heights
When a building is proposed to be built over an easement, consent is required to be obtained by the responsible authorities, one of those being Council.
An application to build over an easement must include:
- Completed application form by the owner of the property
- Two sets of plans with approval from South East Water, and
- A fee as detailed on the building over easement application form.
A. Domestic building sites all have envelopes in which to build. Often, proposals cannot fit in the required envelopes for various reasons. Where this situation should arise, the building regulations allow Council to make a decision with respect to the non-complying siting which is known as a dispensation.
A decision is reached after consulting with various parties, including the neighbours. This application may be refused or accepted, and a decision is usually made within 15 working days.
An application for a Siting Dispensation must include:
- Completed application form
- Comment from adjoining owners and effected parties
Items to be included with application form:
- Minimum of two sets of plans, including copy of title and
- A fee as detailed on the report and consent application form.
- A site context plan which details the particulars of the neighbourhood
Forms to download:
Siting application form (PDF, 50KB)
Fences
Fences within 9.0 metres of the point of intersection of street alignments on corner properties, that are to be higher than 1.0 metre are required to have special consent from Council. Applications are generally referred to a traffic engineer for comment prior to making a decision. Front fences over 1.2 metres in height also require dispensation.
An application for this situation must include:
- A completed Siting application form (PDF, 50KB)
- Minimum of two sets of plans, and
- A fee as detailed on the report and consent application form.
For more information, contact 9599 4444.
Q. What happens when a building permit expires?
A. Building Permits lapse in the following situations:
Domestic:
- Building works not started within one year of the building permit date.
- Building works not completed within two years of the building permit date.
Commercial/Industrial:
- Building works not started within one year of the building permit date.
- Building works not completed within three years of the building permit date.
Council’s Municipal Building Surveyor may allow an extension of time to commence or complete works covered by a building permit issued by Bayside City Council, where the building work warrants an extension.
Building permits issued by private building surveyors can only be extended by the private building surveyor.
The commencement or completion periods can only be extended prior to the lapse of the permit.
An application for an extension of time in respect of a Council permit, must include:
- A covering letter describing stage of work, works to be completed and reasons for the extension of time.
- A fee as detailed on the application form.
A. Siting requirments are the regulations which restrict the siting of a dwelling (includes decks and verandahs), garage, carport, shed etc. on sites greater than 500m2 in area.
Siting includes:
- front setback
- side and rear setbacks
- building height
- walls on boundaries
- overlooking
- protection of light/solar access to adjoining property
- front fence heights
- height and length of side and rear fences
- site coverage
- and site permeability.
Amendment C2 to the Bayside Planning Scheme impacts Building Regulations 2006, in particular:
- Regulation 409 Minimum street setbacks
- Regulation 411 Site coverage
- Regulation 414 Side and rear setbacks
- Regulation 424 Front fence height
For more details, view the below schedules, or contact 9599 4660.
- Schedule to the Mixed Use Zone (PDF, 50KB)
- Schedule to the Residential One Zone (PDF, 46KB)
For all other siting requirements, refer Part 4 of the Building Regulation 2006 (Legislation Victoria).
Q. What do I need to do to organise vehicle crossing access?
A. When planning for a development that will require vehicle access, you should be aware at an early stage of Council's requirements regarding the provision of permanent vehicle access to the property.
This may effect the following when installed:
- street trees
- drainage pits
- stormwater outlets
- existing / adjacent crossings
- parking signs
- bus shelters
- traffic management devices
- nearby street intersections
- service authority assets, eg Telstra pits, fire hydrants, poles etc
Page last updated: 14 Jul 2011