Are you looking to apply for a planning permit to develop on common property or other land managed by an owners corporation? Find out about the application process and what notifications and consents are required.
If you are the owner of the land, and the application does not relate to common property, consent from the owners corporation is not required before lodging your application.
If your land is governed by an owners corporation you are required to give notice to the owners corporation of any planning or building permit that will affect it.
Where an owners corporation exists, the owners corporation is the legal owner of the common property and the lot owners are the equitable owners.
If you are not the legal owner of the land, your application must either:
To streamline the application process, we recommend you get consent from the owners corporation before lodging your application.
You are required, at a minimum, to have notified the owners corporation of your application to develop on common property prior to lodging with us. This process may take some time depending on the number of members or if there is a third party external manager. If you have not notified the owners corporation we will request this as further information. This will delay the processing of your planning application.
The notice to owners corporation form may help you provide the correct information to your owners corporation.
Notice to owners corporation form.PDF (PDF, 442.38KB)
Notice to owners corporation form.DOCX (DOC, 49.50KB)
Where the application relates to your property only and not common property, you must complete and submit a declaration that you have notified the owner corporation.
Declaration to owners corporation of application.PDF (PDF, 379.90KB)
Declaration to owners corporation of application.DOCX (DOC, 72.50KB)
If your application relates to your property and common property or common property alone, you must provide with your planning application:
An owners corporation can object to the permit application. We are required to consider these objections alongside any other objections received as part of the application process.
A certifying licensed surveyor can help you clarify your title boundary. If your boundaries are known, Land Use Victoria can assist in interpreting title boundaries, including common property.
Find out more about property and land titles at www.propertyandlandtitles.vic.gov.au