Building on Flood Prone Land
A large percentage of the Mornington Peninsula Shire is designated under the Victorian Building Regulations 2018 as either, land liable to flooding (153) or designated land or designated works (154). If your property is designated under these regulations, you may require report and consent for construction of works on the property Report and Consent - Build on Flood Prone Land.
Before lodging your application, please discuss with the private building surveyor engaged for the issue of the building permit, as exemptions may apply.
What is land liable to flooding (Regulation 153)?
An area determined to be liable to flooding may be declared under Regulation 153 for the purpose of ensuring development within these areas does not pose a danger to the life, health, or safety of the occupants of a building due to flooding on the site.
This may include recommendations regarding the height of finished floor levels, the location of works, manipulation of natural surface levels within a property
What is designated land or designated works (Regulation 154)?
An area may be designated under Regulation 154 as designated land or designated works by an Authority recognised under the Water Act 1989 for the purpose of ensuring the stability, conservation or functioning of a waterway.
This may include recommendations regarding location and construction of works in relation to designated land or designated works.
Is my land designated under Regulation 153 or 154?
To confirm whether your land is designated land liable to flooding or if there are any designated land or works (Water utility assets) that restrict development, you need to submit an application for a Property Information certificate.
Council is responsible for investigating the impact of flooding within the municipality and control development within areas prone to flooding.
Flood prone land is determined as land liable to flooding during a 1% annual exceedance probability event (1% AEP), previously known as a 1 in 100 year flood.
For an overview of flood prone areas within the Mornington Peninsula Shire, you can view flood prone maps in two ways:
Online: You can also check your property by going to the Shire's public online mapping and choosing Flood Prone Areas.
Download: Flood prone maps. You will need to open the ‘Key Map’ first to identify which particular map you need to open to view flood prone information relevant to your property.
Important note: The current designated areas are subject to change without notice. It is recommended a Property Information Certificate confirming the status of the land is obtained Apply for Property Information Certificate 51 (2) - Mornington Peninsula Shire (mornpen.vic.gov.au) as a refund will not be given if an application to Build on Flood Prone Land is made in error.
What is the minimum floor level for my property?
There is no minimum floor level set for any area within the Mornington Peninsula Shire. The topography within the region varies greatly and most properties include some fall across the land. Each application is site specific and the flood level, and nominated minimum floor level, is assessed individually.