Siting dispensation – Report and consent application

(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.

For more information see Siting requirements.

See fees and charges

Update - September 2025

On 8 September 2025, the Minister for Planning removed local variations to Clause 54 standards from the Schedules of all residential zones, across all Victorian Planning Schemes. For the local variations in Maroondah, this means that the Side and rear setbacks standard (regulation 79) and the Private open space requirements (regulation 86) relating to the construction of a Single Dwelling on a lot have been removed. The standards relating to front fence heights still remain in the Schedules to the zone.

The removal of these variations from the Schedule means that the applicable standards now apply as stated in Part 5 of the Building Regulations 2018. If your proposal is designed in accordance with the Regulations in Part 5 of the Building Regulations 2018, a Report and consent application is not required.

Apply

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.

Online

Step 1.Prepare supporting documentation

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

Step 2.Obtain comments from affected property owners

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 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 please contact Building Services on 03 9298 4327.

Collect and submit comments yourself

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.

Adjoining Owner's comment form(PDF, 162KB)

Adjoining Owner's comment form(DOCX, 121KB)

Request Council to seek comments on your behalf

When submitting your application you can request Council obtain any relevant Adjoining Owner Comments on your behalf. Fees apply.

Step 3.Submit application with supporting documentation

Apply online

By email, in person or by mail