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.
When do I need consent from the owners corporation?
I am the land owner
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.
My land is governed by an owners corporation
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.
I wish to make an application to develop on common property
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:
- be signed by the legal owner of the land, or
- include a declaration stating that the owner has been notified of the application.
To streamline the application process, we recommend you get consent from the owners corporation before lodging your application.
I do not have consent, but need to lodge my 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.
What is required for your application
My application doesn’t relate to common property
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.
My application includes common property
If your application relates to your property and common property or common property alone, you must provide with your planning application:
- A copy of the agenda, minutes and unanimous resolution of the owners corporation meeting confirming approval to proceed with the application, or
- Have the legal owners of the common property sign the application form or submit a declaration confirming that the legal owners have been notified about the application.
Objections from the owners corporation
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.
I am unsure about land boundaries
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