How do I get a Report and Consent?
Report and consent is the process to seek approval for building or construction works that may affect community assets, infrastructure or amenity. This could be because your building design does not meet a requirement of the Building Regulations 2018 or involves specific types of work like hoarding, demolition and building over an easement. You must get our consent before a building permit can be issued.
Under the Building Act 1993 and Building Regulations 2018, Councillors, the Chief Executive Officer, Directors and Managers are unable to become involved in Report and Consent matters; which are delegated directly to Council’s Municipal Building Surveyor (MBS). They are therefore unable to intervene either throughout the process or once the decision of the MBS has been made.
Unlike Planning applications, once a decision is made, there is no legal allowance under the Act or Regulations for neighbours, who may object to the decision, to appeal. Only the owner or applicant can lodge an appeal with the Building Appeals Board, and this must be done on the basis of the regulations and the Ministers Guidelines, to which applications are assessed.
The video below outlines the key steps in the report and consent process, what to expect and who is involved.
The report and consent process video transcript (DOCX, 19.93KB)
What do I need report and consent for?
This is where single dwellings on a block (that do not need or already have a planning permit) do not comply with siting requirements in the building regulations such as:
- building heights
- site coverage
- open space.
This is where works require:
- building in a flood-prone area
- building over an easement, or
- projections beyond the street alignment.
The Victorian Building Authority has a practice note on report and consent that provides further information.
If consent is required, a building surveyor cannot issue a building permit until it has been granted.
Where can I find the siting requirements for my house?
The Building Regulations 2018 set out the standard siting requirements for a single dwelling on a block over 500m2 (Part 5). In Bayside, four of the standard siting requirements have been varied through the Bayside Planning Scheme to tailor them to the local area. These include:
- minimum street setbacks (regulation 74)
- site coverage (regulation 76)
- side and rear setbacks (regulation 79)
- front fence height (regulation 89)
The complete set of siting requirements that apply are outlined in this siting requirements for one dwelling information sheet.
Siting requirements for one dwelling information sheet (PDF, 317.55KB)
What are the key steps to the report and consent process?
1. Review the applicable Minister’s guideline
If you are applying for report and consent for siting matters, determine whether your application meets all the decision guidelines in the Minister for Planning’s siting and design of single dwellings guideline.
If you aren’t sure, talk to your building surveyor or architect or contact us on (03) 9599 4660.
2. Submit a report and consent application
Complete the relevant application form, provide all supporting documents and pay the fee as outlined on the form.
Report and consent application for siting matters form (PDF, 338.19KB)
Building over an easement
Other non-siting requirements
Report and consent application for non-siting matters (PDF, 208.23KB)
3. We will review your application
4. Seeking comment from your adjoining property owners
If we think that your neighbours may be impacted by your proposed building work, you will be required to seek comment and signed drawings from them.
Generally, 21 days is allowed for the neighbour to respond to you. After this time, if you receive no response, you can fill in the Statutory Declaration form that is attached to the Report and Consent application form.
Please review our guideline document prior to seeking Comment from an adjoining property owner.
Guidelines for adjoining owner comments (PDF, 700.82KB)
Please complete the adjoining owner comment form and attach a set of the drawings with the non-compliances highlighted, prior to seeking Comment from an adjoining property owner:
Adjoining owner comment form for report and consent application (PDF, 222.48KB)
Please note: Seeking comment from an adjoining property owner on an applicant’s behalf is not a service that Council offers.
5. A decision is made about your application
Your application is assessed against the Minister’s guidelines. Neighbour and third-party feedback are also considered, and a decision is made.
If the application is approved you can apply for a building permit. If it is refused you can:
- change the design to comply with the building regulations, or
- appeal the decision (see point 6).
6. You can appeal to the Building Appeals Board
Applicants can appeal a refused report and consent application to the Building Appeals Board.
Important note: Neighbours do not have appeal rights. Council decisions are final and can only be appealed by the applicant/owner.
What if I want to change my building design?
You can change your report and consent application any time up until a final decision is made. After that, you must apply for a variation.
To request a variation, complete the amendment to council report and consent form and submit it with the required supporting documents.
Amendment to council report and consent form (PDF, 140.79KB)
If you change the designs after neighbours have commented, the new design will need to be provided to neighbours for further feedback.