(Building Regulations 2018)
When a building design does not comply with the siting requirements specified in the building regulations, a Report and Consent application, commonly referred to as a Dispensation, can be made to the Council. These applications are assessed against the Minister's Guideline MG-12, which aims to ensure that any proposed variations respect the existing or preferred character of the neighbourhood.
The assessment also considers whether the proposed variation is consistent with the heights, setbacks, and design of existing fences and buildings in the immediate area. The objective is to maintain the overall aesthetic and design harmony within the neighbourhood while allowing for some flexibility in building and fencing heights.
More about siting requirements and dispensations.
Prepare your application
You should submit the following with your siting dispensation application:
- cover letter explaining the proposed variation and how the proposal meets the Minister's Guideline MG-12
- current copy of Title and Plan of Subdivision, including a copy of any covenants or a Section 173 Agreements (can be obtained from Landata)
- building drawings with dimensions, including site plan, floor plan, elevations and if applicable, overlooking, and overshadowing drawings
- adjoining and surrounding Owner’s Comments form (if required)
Apply for a siting dispensation - Report and consent
Use this form to apply for all siting dispensation, except front fencing or boundary setbacks.
For front fencing and boundary setback please see Siting dispensation – fencing height or boundary setbacks.
Adjoining and surrounding affected property owner's comments
If the proposed building design impacts the amenity of adjoining and surrounding properties, it is important to give all the affected property owners the opportunity to provide their comments.
To gather comments from these property owners you have two options:
- Collect and submit comments yourself.
You can print the Adjoining Owner's comment form and provide one copy, along with a copy of the building plans, to each owner of the affected properties. It is important to collect the completed forms, as well as signed and dated plans, from the property owners. These documents can then be submitted to the Council along with your application.
- Request Council to seek comments from the affected property owners on your behalf. (fees apply)
Both options ensure that the opinions and concerns of the adjoining property owners are taken into consideration during the assessment process.
If you are unsure whether you are required to obtain Adjoining Owner’s Comments, or for more information about how to apply, please contact Building Services on 9298 4327.
Adjoining Owner's comment form(PDF, 162KB)
Adjoining Owner's comment form(DOCX, 121KB)
Further information
For more information please contact Building Services for further information on 9298 4327 or 1300 88 22 33.