Apply for Report & Consent to Vary Part 5 of the Building Regulations

Part 5 Siting of the Building Regulations requires Council Report and Consent to build outside of the Building Regulations. Consideration is given to requests for minor variations to the Building Regulations that might result from site limitations and design constraints.

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Application Process

Step 1.Planning Permit

Check if a Planning Permit is required for your project and if it regulates the same siting matter. If a Planning Permit is required and you do not need consent to vary Part 5 Siting, a refund will not be provided. To find out if you need a Planning Permit, please contact the Planning Services unit on (03) 5950 1010 or for more information, see Planning Advice.

Step 2.Minister's Guidelines 

Read the Minister’s Guideline MG-12 – Siting and Design of Single Dwellings Ministers-Guidelines(PDF, 178KB) and ensure that your proposal complies with the guideline. Council must refuse to give consent to a design that does not comply with the Minister’s Guidelines.

Step 3.Architectural Drawings 

  • Provide one set of architectural drawings scaled not less than 1:100 including the following:
  • Site plan including all boundaries, setbacks, easements, existing building(s), proposed works and North point.
  • Floor plans including elevations.
  • Non-compliance matters clearly highlighted and detailed.
  • If neighbouring property details are relevant to the proposal, for example adjacent building setbacks, heights or location of habitable rooms, these details must be provided on the relevant plans.

Step 4.Adjoining Owners Comments

If Council determines that the application may impact on adjacent property owners, adjoining owners comments must be obtained:

  • Affected neighbours to be provided with a copy of the proposed plans to review.
  • Specific matters requiring report and consent clearly highlighted on the plans and explained in a covering letter.
  • Neighbour to provide written comments on the plans, including their signature and contact number, to enable the assessing officer to contact them to discuss the proposal if required.
  • If you cannot make contact with your neighbour, you can request <Adjoining owner’s information> and send the proposal to your neighbour via registered post, allowing 14 days for a response, and provide the proof of receipt to Council.

Step 5.Certificate of Title

Obtain a complete copy of title less than 12 months old. For information on how to obtain a copy of title, see Title Search.

Step 6.Submit your Application 

Complete and submit your application.

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