Sample building plans

Building in Bayside

Asset protection

The City of Bayside’s asset protection program is designed to ensure that the valuable infrastructure assets (like footpaths, nature strips, kerb & channels, trees, signs, stormwater drains and road pavement) and the environment of Bayside City is protected from damage as a result of building and construction activities.

When carrying out demolition works, constructing a new building or undertaking renovations, the majority of the works will involve the movement of building materials to and from the property which has the potential to damage Council assets in the vicinity of the site.

To ensure that the assets are protected or repaired if damaged, council requires that an Asset Protection Permit be obtained at least Seven (7) days prior to the commencement of any building activity on the site.

This includes a non-refundable fee of $260.00 and it may also be necessary for a Security Deposit to be lodged with Council. This will be used to reinstate any damage caused by the building works, where the builder/contractor has not carried out the necessary repairs to the satisfaction of Council. In determining the amount of security deposit, Council takes into consideration the extent of the works and the subsequent potential for damage.

Asset Protection Permit

The permit process is as follows:

  1. On notification of proposed works by the relevant building surveyor, a Council Officer conducts an initial inspection of the building site and surrounds to record, by photographs and notations, the existing condition of Council’s assets. The value of the Security Deposit is determined at this time.
  2. On notification of the completion of works, a final inspection is undertaken and the current asset condition is compared with the pre-construction asset condition. Any damage caused by the building works, that has not been satisfactory repaired, is recorded.
  3. Advice is then given to the applicant if any action is required. Upon satisfactory completion of the works, all or part of the deposit is refunded.

Please note:

  • Building works, and the transportation of building materials, machinery and equipment, must not commence prior to an Asset Protection Permit being issued.
  • Property owners will be held liable for the full cost of reinstatement of damage assets associated with building works that have not been covered by an Asset Protection Security Deposit.
  • A permit is required to store materials, occupy land or erect a hoarding on Council land such as the footpath, nature strip etc
  • A permit must be obtained from Council for all vehicular crossing (Vehicle Crossover Permit)
  • A permit is required where it is proposed to connect into Bayside’s stormwater drainage system including kerb & channel. (Stormwater Tapping Permit)
  • A permit is required to excavate in a road, nature strip or footpath for any purpose; e.g. sewer, stormwater, water connection etc (Road Opening Permit)
  • Site identification is required, showing the address of the site, the name and address of the builder, and a 24-hour contact number.

For more information contact Council’s Asset Protection Department on (03) 9599 4444.

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Building over an easement

Regulation 310 of the Building Regulations 2006 states ‘the report and consent of service authority must be obtained to an application for building permit to construct a building over an easement vested in that authority’.

It is Councils intent to preserve its rights to use easements created in its favour while also allowing reasonable use of the easement by the landowner.

In most instances easement restrictions are placed on a parcel of land at the time of subdivision to facilitate provision of services by service authorities. The landowner has use of the land surface as long as such use does not interfere with service provision and operational requirements of service authorities.

The Objectives of Councils policy regarding building over easements are:

  1. To provide consistent response to applications from landowners to build structures over Council controlled easements.
  2. To ensure Council’s ability to access, maintain, provide and improve infrastructure service provisions within the easement, if and when required.
  3. To protect Council against incurring any cost due to a structure built over an easement.
  4. To have a process that ensures prospective new owners of the land are aware of the specific conditions with regard to Council rights to access the easement.

It is Council’s intent to allow the building of minor structures over easements and to prohibit the building of substantial structures, which would compromise Councils ability to provide and maintain an appropriate stormwater network.

Consideration

The following conditions will be considered in an application to build over easements.

  1. All easements will be subject to the provisions of this policy irrespective of whether any services exist in the easement or not.
  2. If no potential use of the easement is apparent permission may be granted for the easement to be discontinued after due process has been carried out to ascertain if this course of action is warranted.
  3. No habitable or permanent structure will be approved over an easement including enclosed garages.
  4. No in-ground or above-ground swimming pool will be approved.
  5. Council will not permit the construction over easement, if the easement contains greater than a 425mm diameter stormwater drain.
  6. Minor structures such as garden sheds, pergolas, decking, driveways and fencing will be considered favourably in most instances. When consent is given to build over an easement special requirements for building or structure foundations may be required so that there is no detrimental impact on the existing or future service assets.
  7. When consent is given Council will require the applicant to enter into a section 173 agreement pursuant to the Planning and Environment Act 1987. Applicants are to pay Council’s nominated legal representatives all charges associated with the drawing up and the registration of the section 173 agreement.
  8. There may be requirements to use pavers for paved surfaces to provide Council access for on-going management of assets within the easement.

Building over easement application forms

For more information contact Council’s Asset Maintenance Department on (03) 9599 4444.

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Demolition

A building permit is required for the demolition and/or removal of a building or part of a building except for the demolition of a free standing outbuilding (class 10 building) that:

  1. Is not constructed of masonry; and
  2. Does not exceed 40 square metres in floor area; and
  3. The works will not adversely affect the safety of the public or occupiers of the building; and is not work carried out on a building included on the Heritage Register.

Note: Certain building work that does not require a building permit, may require a planning permit under the Planning and Environment Act 1987

The building permit process for demolition and/or removal can be complicated and time consuming and can lead to costly litigation if not carried out correctly. For this reason demolition permits are very rarely granted to owner-demolishers but are issued to registered demolition contractors.

If you intend to be an owner-demolisher you must provide your building surveyor with evidence that you have the necessary knowledge, experience, equipment and storage facilities to properly conduct the demolition.

The Victorian Building Authority has produced a number of publications that should be considered regarding the demolition process.

For more information contact Council’s Building Surveying Department on (03) 9599 4444.

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Energy rating for dwellings

From 1 May 2011, all new homes, home renovations, additions and alterations must comply with the 6 Star Standards, which regulate the thermal performance of a home including the installation of a solar hot water service or a rainwater tank for toilet flushing.

The Victorian Building Authority has information & FAQ's on their website under Sustainability for your reference.

For further information please contact Council’s Building Surveying Department on (03) 9599 4660.

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Fences

When is a building permit required for a fence?

  • For front fences, and fences on side or rear streets, (ie, a fence within 3.0m of a boundary abutting a street) in excess of 1.2m in height above natural ground level unless it is a declared road.
    The declared streets in the City of Bayside are Balcombe Road, Bay Road, Beach Road (including the Esplanade and St Kilda Street), Bluff Road, Centre Road, Cummins Road, Hampton Street, Hawthorn Road, Nepean Highway, North Road (excluding the western side of St Kilda Street) and South Road.
  • For any fence, adjacent to a street and containing barbed wire or the like.
  • For fences forming part of a safety barrier for a swimming pool or spa.
  • For a fence exceeding 1.0m in height above footpath level when within 9.0m of a point of intersection of street alignments on corner allotments.
  • For all other fences (except a chain wire fence surrounding a tennis court) in excess of 2.0m in height above natural ground level.

What is considered to be a fence?

A fence by definition under the Building Regulations includes “a screen or a structure similar to a screen”. This means that all the regulations applicable to a fence, also apply to privacy screens, a trellis and trellis extensions to existing fences.

Building Regulations for Fences

  1. Maximum Front Fence Heights

    The maximum front fence height (ie, a fence within 3.0m of a street alignment at the front of an allotment) is 1.2m above natural ground level, unless the fence is on a declared street, in which case the maximum height is 2.0m.
    The declared streets in the City of Bayside are Balcombe Road, Bay Road, Beach Road (including the Esplanade and St Kilda Street), Bluff Road, Centre Road, Cummins Road, Hampton Street, Hawthorn Road, Nepean Highway, North Road (excluding the western side of St Kilda Street) and South Road.
  2. Maximum Fence Heights onto Side and Rear Streets

    The maximum height of a fence on a side or rear street (including a fence onto a lane, footway, alley or right of way) is 2.0m above natural ground level.
  3. Fences on Side and Rear Boundaries

    A fence on or within 150mm of a side or rear boundary, which exceeds 2.0m in height above natural ground level must:
    • not exceed a maximum average height of 3.0m, and in no part exceed a maximum height of 3.6m.
    • not exceed a total length, with an adjoining neighbours allotment, of 10m plus 25% of the remaining length of the boundary with the neighbour.
  4. Fences Not Constructed on Side or Rear Boundaries

    • A fence exceeding 2.0m in height, that is not constructed on a side or rear boundary, must be setback a minimum of 1.0m from a boundary
    • A fence exceeding 3.6m in height must be setback 1.0m from a boundary plus 300mm for every metre of height over 3.6m.
    • A fence exceeding 6.9m in height must be setback 2.0m from a boundary plus 1.0m for every metre of height over 6.9m.
  5. Fences Near Intersections

    A fence cannot exceed a height of 1.0m above footpath level if constructed within 9.0m of a point of intersection of street alignments on a corner allotment. Please note that right of ways, lanes etc are considered as streets in respect of this regulation.
  6. Fences Opposite Neighbours Habitable Room Windows

    • A fence more than 2.0m in height must be setback from habitable room windows in adjoining buildings to provide for a light court to the window with a minimum area of 3m2, with a minimum dimension of 1.0m clear to the sky, and
    • A fence more than 3.0m in height must be setback at least 1/2 it’s height from an adjoining habitable room window if the fence is within a 550 angle in the horizontal plane about the vertical axis through the centre of the window.
  7. Fences and Solar Access to Neighbours North Facing Habitable Room Windows

    If a neighbour has a north facing habitable room window less than 3.0m to a boundary, the setback of the fence over 2.0m in height (for a distance of 3.0m from the edge of each side of the neighbours window) must be:
    • 1.0m for fences up to 3.6m in height
    • 1.0m plus 600mm for every metre in height over 3.6m
    • 2.0m plus 1.0m for every metre of height over 6.9m
      Note: a north-facing window is a window with an axis perpendicular to its surface orientated north 200 west to north 300 east
  8. Fences and Overshadowing of Neighbours Recreational Private Open Space

    After a fence, that is more than 2.0m in height, is constructed, a minimum of 75% or 40m2,with a minimum dimension of 3.0m (whichever is the lesser), of an adjoining neighbours “recreational private open space” must receive a minimum of 5 hours of sunlight between the hours of 9am and 3pm on the 22 September. If the adjoining allotment does not already receive the above amount of sunlight on the 22 September, then a fence constructions on the adjoining allotments cannot further reduced sunlight to the neighbour’s secluded private open space. Note:  “recreational private open space” is any part of private open space which is primarily intended for outdoor recreational activity and is either at the side or rear of an existing dwelling, or in front of a dwelling if it is screened with a 1.5m high fences or walls (which are no more than 25% open) for at least 90 % of the perimeter of the private open space. “Private open space” is an unroofed area of land or a deck, terrace, patio, balcony, pergola, verandah, gazebo and a swimming pool.

Variations to the fence requirements

As with any of the building regulations set out in Part 4 of the Building Regulations 2006, an application can be lodged with the Building Surveying Department to vary the requirements.

This process is detailed in our information sheet titled ‘Report & Consent’ Process.

Boundary fences between neighbours

The replacement of fences between neighbours requires the neighbours communicating with each other. This can result in issues arising between these neighbours. The following is a guide to some of the most common questions that can arise.

  1. My neighbour won’t talk to me about replacing the fence.
    Sometimes it’s difficult to discuss the need to replace a fence with your neighbour. Writing to them and explaining the issues, as you see them, may be beneficial, although if possible a friendly chat is probably the way to go first.
  2. My neighbour won’t respond to any communication about the fence.
    If writing to your neighbour has not drawn a response, you may need to issue a “fencing notice”. This is a legal document that any reputable fencing contractor should be able to issue to your neighbour. It contains a quote for the fencing works needed and requires a response from the owner of the neighbouring property within 30 days.
  3. My neighbour and I cannot agree on issues concerning the fence.
    There are many aspects of boundary fencing that neighbours have trouble reaching agreement on. If, after all attempts at discussion (verbally or written) have been tried and failed, you may need to seek outside help to reach a settlement.

There are professional mediators that can help to settle these or other domestic disputes, in a non-confrontational and inexpensive manner. One such service is the Dispute Settlement Centre at the Department of Justice. For this service to be effective, both parties would need to be willing to abide by any agreement reached.

Ultimately, to resolve the most intractable disputes, you may need to resort to the Magistrates’ Court. This should be seen as an ‘option of last report’, as this will inevitably be a drawn-out, expensive process that will add to difficulties in your relationship with your neighbour.

Remember, the issue of fencing between your neighbours is a civil matter, and needs to be addressed by you and your neighbour. Except in the most unusual circumstances, it would not involve either the City of Bayside or the police.

For more information contact Council’s Building Surveying Department on (03) 9599 4444.

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Hoardings

What is a hoarding?

Precautions must be taken before and during building work to protect the safety of the public, if required by the Relevant Building Surveyor. A hoarding is a temporary protective barrier designed to protect the public or persons within the vicinity of a building or building site during construction. Hoardings are generally made out of either solid timber or cyclone temporary fencing with shade cloth.

All excavations must be fenced or guarded to minimise the potential for danger to life and property.

Who is responsible for hoardings?

A builder is generally responsible for the installation and continued upkeep of hoardings throughout the duration of building work; ensuring that public safety is maintained at all times. If hoardings are to be erected outside the property boundaries, a hoarding/street occupation permit, and a ‘report & consent’ approval must be obtained from Council.

It is the Relevant Building Surveyor who is responsible for:

  • Deciding when precautions are required throughout the project,
  • Seeking details of precautions from the designer/builder,
  • The approval of the precautions,
  • The submission of a copy of any building permit application with details of precautions protecting the street alignment to Council,
  • Obtaining ‘report & consent’ under Building Regulation 604 to that application before issuing any building permits where precautions are required.

What is a Hoarding/Street Occupation Permit?

A hoarding/street occupation permit is an approval, usually obtained by the builder, from Council’s Asset Protection Department permitting the occupation or part occupation of public land, for the installation and location of such hoardings.

A hoarding/street occupation permit is generally not required if the hoarding is located within the building site. It may go up to the property boundary but not over without the appropriate approvals.

The ‘Report & Consent’ process

If the hoarding is to be erected beyond the title boundaries of an allotment and onto the street alignment, a ‘report & consent’ from the Councils Building Surveying Department must be obtained pursuant to Building Regulation 604(4) – Protection of the Public.

It should be noted that the definition of ‘public’ is not limited to users of the street; it may include users of an adjoining property.

Application forms need to be submitted along with a copy of title, architectural plans and the approved precautions by the relevant building surveyor and the prescribed fee.

More information

The Victorian Building Authority has developed Practice Notes that should be considered. Otherwise, for more information contact Council’s Infrastructure Assets Department on (03) 9599 4444.

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Protection of adjoining properties

Why protect an adjoining property?

Building work can adversely affect adjoining properties, including abutting streets and laneways.  An owner who is proposing building work has obligations under the Building Act 1993 to protect adjoining property from potential damage from this work.

If building work is close to or adjacent to adjoining property boundaries, then an owner may be required to carry out protection works in respect of that adjoining property.

This is to ensure that the adjoining property is not affected or damaged by the proposed building work.

How do you know if protection work is required?

When making an application for a building permit for proposed building works, the applicant (the building owner or agent of owner) is required to provide detailed information to the relevant building surveyor (the person appointed to issue the building permit) regarding the location of the works, how the works will be carried and the location of buildings on adjoining allotments. From this information the relevant building surveyor will determine if protection works are required.

The responsibility for determining whether protection work is required rests with the relevant building surveyor.

What obligations does a property owner have if protection work is required?

Owners are required to:

  • Serve Protection Work Notice on adjoining owner
  • obtain contract of insurance
  • prepare a survey of adjoining property
  • pay expenses incurred.

What obligations and rights does an adjoining owner have?

Their obligations and rights include the following:

  • Respond to the Protection Work Notice within 14 days
  • Agree or disagree to proposed work or request further information
  • Assist property owner prepare survey of their property before work commences
  • Seek reimbursement from property owner for any reasonable expenses incurred while protecting their interests.

All questions on specific obligations and rights should be directed to the relevant building surveyor.

For more information contact Council’s Building Surveying Department on (03) 9599 4660.

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Termites

Termites are often referred to as ‘white ants’. Although they play an important role in nature, a few termite species attack man-made wooden structures or objects, earning themselves a reputation as a destructive pest.

The City of Bayside is not a designated termite area. This means that new works are not required to be protected against infestation by subterranean termites; however, there is always a risk of attack so protection against termite infestation should always be considered.

Visit the CSIRO website for more information on termites.

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Page last updated: 27 Jun 2016