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Asset protection

An Asset Protection Permit is needed when a Building Permit has been issued or building or demolition works are proposed.

Works can include:

  • new dwelling (including landscaping)
  • alteration or extension
  • demolition
  • garage, carport, shed
  • verandah, pergola, deck, patio, alfresco area
  • swimming pool, spa
  • subdivision or unit development (including landscaping)
  • industrial, commercial, warehouse development
  • retaining walls, earthworks, underpinning, restumping
  • dependent person's unit (DPU).

The permit must be obtained at least 7 days before starting building works. 

It is an offence to start works without an Asset Protection Permit and can result in a fine.

How to apply                       

You can apply for an Asset Protection Permit online or in writing. We encourage the builder to apply for the permit as the permit holder is considered to be responsible for the site.

An application fee and a bond will also need to be paid. Please allow up to 10 business days for the application process.

1. Apply online or in writing

Apply for a permit

2. Site inspection

Council officers will undertake a pre-inspection of Council assets and infrastructure before the start of works to determine if there is any pre-existing damage.

3. Permit issued

If your application is approved, Council will issue the permit and provide a copy of the pre-condition report.

Further information

The non-refundable Asset Protection Permit fee and refundable Asset Protection Permit Bond is based on the type of works and is required to be paid before an Asset Protection Permit can be issued.

See the applicable Asset Protection Permit fee and bond.

Application

Once application and payment has been made, and all the required information has been provided, Council will undertake a pre-inspection and will issue the Asset Protection Permit within 10 business days. 

Expiry

An Asset Protection Permit is valid for 2 years for residential works and 3 years for commercial works from the date of issue, unless an application is made to extend the permit.

An application to extend the permit must be granted before the expiry of the permit. 

Bond refund

The bond will be refunded within 28 days after the final inspection provided there is no damage to Council assets.

Rectification and reinstatement

Any damage identified by Council officers are required to be reinstated within 28 days. It is an offence not to reinstate the damage to the standards and within the timeframes specified by Council. 

Once the Certificate of Final Inspection or Occupancy Permit has been issued by the relevant building surveyor and all works, including landscaping, are complete on the site you can apply for return of the bond. 

Council officers will undertake a final inspection to determine if any Council assets were damaged during your building works.

If there is no additional damage, or if any new damage identified has been rectified to Council’s satisfaction, the bond will be returned. The bond can only be returned to the person or company who made payment.

If there is new or additional damage to Council assets, the permit holder is responsible for repair of the damage, according to Council standards and specifications. The repairs must be reinstated within 28 days. It is an offence not to reinstate the damage to the standards and within the timeframes specified by Council.

If Council needs to undertake the rectification works, the costs will be deducted from the bond and the remainder refunded. If the rectification costs exceed the bond amount, Council will invoice the permit holder to recover the additional amount.

Bond return checklist

Please ensure the following items are completed before contacting Council to request the final inspection:

  • Have any temporary fences been removed?
  • Has all landscaping and fence construction been completed?
  • If any Council assets, including the road, footpath, kerb and channel, vehicle crossings or stormwater pit lids, were damaged during the building works, have they been reinstated to Council specifications?
  • Is the footpath, vehicle crossing and kerb and channel clean and the nature strip free of any rubble, relevelled with topsoil and seed?
  • Are all service authority connections in the footpath, road or nature strip reinstated to Council specifications?
  • If any service authority pit lids were damaged, have they now been reinstated? Please note it is the applicant’s responsibility to contact the relevant authority to arrange repair.

Apply for return of bond 

To request a final inspection by Council please email assetprotection@maroondah.vic.gov.au  and provide the following information:

  • property address
  • Asset Protection Permit number
  • name and email address of the person who has paid the Asset Protection Permit bond.

Please use the following as the email subject: 'Request for final inspection and return of Asset Protection Bond - (insert property address)'

New or additional damage to Council assets, such as kerb and channel, footpaths and vehicle crossings, must be reinstated to Council standards.

See Council’s standard drawings for kerb and channel, footpaths, vehicle crossing standards.

A Road Opening Permit or Vehicle Crossing Permit may also be required:

  • A Vehicle Crossing Permit must be obtained from Council before undertaking any concrete works to Council assets, including footpath and vehicle crossing construction.
  • A Road Opening Permit must be obtained from Council before undertaking any excavation in the road reserve or connecting to a Council drainage asset in the road reserve or easement.

If reinstatement works are required, then Council officers must inspect the pre-pour of all infrastructure reinstatements.   An inspection must be booked at least 24 hours before it is needed, and can be arranged by phoning Council’s Engineering Services on 9298 4292.

Some reinstatement works to the road or footpath may also require traffic management, so you may also need to apply for a Road/Footpath Closure Permit.

Any application for extension must be submitted before the original expiry date. An expired Asset Protection Permit is unable to be extended, and a new application will be required.

To request an extension to a current Asset Protection Permit, email assetprotection@maroondah.vic.gov.au and provide:

  • the site address
  • application number
  • reason for the request to extend the permit.

Please use the following as the email subject: 'Request for extension of Asset Protection Permit - (insert property address)'

Extensions are available for 1 year in addition to the current expiry.

The fee to extend an Asset Protection Permit is charged at half the current applicable permit fee and must be paid before an Asset Protection Permit extension has been granted. See the applicable Asset Protection Permit fee and bond

If an Asset Protection Permit expires, the Asset Protection Permit bond will be retained by Council until a replacement Permit and bond is in place or the works are complete, and any damage is reinstated to Council’s satisfaction.

Council may require an additional bond amount be paid as part of a request to extend an Asset Protection Permit, if the extent of damage or nature of works justifies it. 

A development can have several stages, including demolition, construction, pool installation and landscaping. 

An Asset Protection Permit is required for all works from the start to finish of the development:

  • One permit can be obtained to cover all stages of the development and the bond will be reimbursed when all works are completed. The permit holder is responsible for the site for all stages of the development. 
  • Separate permits can be obtained for each stage of works. 

An Asset Protection Permit allows owners or builders to transport building materials and equipment across Council infrastructure and assets while undertaking demolition or building works. It ensures these assets are not damaged during the works.

Council infrastructure and assets include anything outside the property, such as vehicle crossings, footpaths, nature strips, drains and pits, kerb and channel, road pavement, trees, signs, poles and hydrants.

Council encourages the builder to apply for the permit, as the permit holder is responsible for the site and will be held liable for:

  • any damages caused by the works
  • rectification and repair to Council’s satisfaction. 

An Asset Protection Permit also:

  • protects the permit holder from paying for damage that may have existed before the start of their works
  • ensures costs of repair due to damage by the works are paid by the permit holder, and not by ratepayers generally
  • helps Council ensure that the building works comply with the relevant legislation.

The following standard conditions and notes are applicable to all Asset Protection Permits.  

  1. The permit holder must ensure that any person undertaking works on the site is made aware of the conditions of this permit and must comply with the conditions at all times.
  2. The building site must be kept in a safe manner at all times.
  3. Works occurring within the road reserve must be conducted in a manner that is safe for road users, pedestrians and persons engaged in carrying out the works. In accordance with the Road Safety Act 1986, a Traffic Management Plan is required if works are occurring within the road reserve. Contact Council’s Traffic Engineers to discuss your obligation when undertaking works in the road reserve.
  4. The building site must be provided with clearly legible and clean site identification which must be displayed at all times.
  5. Site fencing must be provided around the site and any gates or access points must not open out onto Council land.
  6. The point of entry to the site should be confined to the existing vehicle crossing. A temporary vehicle crossing can be constructed subject to obtaining a separate permit from Council and must be maintained in a safe condition. The use of timber vehicle crossing protectors is prohibited within Maroondah.
  7. An approved toilet system must be installed on the land before any building works commence and must be maintained thereafter to the satisfaction of the Authorised Officer.
  8. All building materials and building debris must be stored on site – not on the nature strip, footpath, or roadway. This applies to materials removed from the site and deliveries of new materials to the site.
  9. Building works must not create any pedestrian or vehicular obstruction, be unsafe or create any detriment to visual amenity of the area.
  10. All building waste must be contained within the site and must not cause detriment to the visual amenity of the area.
  11. Building works must not cause damage or detriment to any stormwater drain, system or asset.
  12. The site must be provided with sediment fencing/barriers that ensure retention of silt and soil on the site and retention of other water born particles and pollutants for later transportation to a legal place of disposal.
  13. Any mud, soil, clay and/or debris that is deposited on the road or Council land must be removed immediately to the satisfaction of the Authorised Officer.
  14. Vehicle access to a Council park or reserve is prohibited without obtaining a separate Vehicle Access to a Reserve Permit from Council.
  15. A Vehicle Crossing Permit must be obtained from Council before undertaking any concrete works to Council assets, including footpath and vehicle crossing construction.
  16. A Road/asset Opening Permit must be obtained from Council before undertaking any excavation in the road reserve or connecting to a Council drainage asset in the road reserve or easement.
  17. If Council considers that the building works have damaged Council’s assets, the permit holder must rectify the damage within 28 days. After 28 days Council will rectify the damage and the cost will be deducted from the Asset Protection Permit bond.
  18. If Council is required to undertake emergency works to remedy any hazard caused by the building works, the cost will be deducted from the Asset Protection Permit bond.
  19. Damage to Council assets caused by service authorities will be the responsibility of the permit holder to rectify before the Asset Protection Permit bond refund.
  20. The permit holder must not allow works on site to proceed beyond the expiry date of the permit.

Notes

  • Failure to comply with any of the above conditions is an offence and may be liable for prosecution under Council Local Laws or other relevant law.
  • When the Occupancy Permit or Certificate of Final Inspection has been issued by the relevant building surveyor and when all associated works (landscaping, driveway works, etc) are complete, the permit holder must contact Council to arrange a final inspection to enable the Asset Protection Permit bond to be refunded.
  • To extend a current Asset Protection Permit email assetprotection@maroondah.vic.gov.au or call 03 9294 5671.  There is a charge of 50% of the application fee.
01/06/2017
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