Dispensations / Council Consent & Report
In some circumstances, only the local council will be able to approve a building project that is not in accordance with the regulations. In these cases you will need to seek a dispensation, known as a 'consent and report', from your local council. The need for a dispensation may occur in the following circumstances:
- Building over an easement (sewer, storm water, gas, electricity)
- Building on flood prone land
- Building further to the front boundary than your neighbours have done
- Erecting a garage on a vacant block.
- Exceeding allowable length on a boundary
- Exceeding allowable height on or near a boundary
- Exceeding allowable distances to adjoining neighbours windows
- Exceeding distances allowed for daylight to your windows
See -
- Extract of Part 4 -Building Regulations VBA Practice Note 2006-47 (2MB PDF)
- Report and Consent VBA Practice Note 2007-57 (0.2MB PDF)
Since easements are a restriction on title, there is no guarantee that a build over, on or near an easement will be approved. A building permit cannot be issued until these permits have been obtained.
Part 4 – Siting ** Requires Adjoining Owners Comments Form.
Part 4 of the Regulations requires that a report and consent be obtained where a design for a single dwelling does not comply with a regulation.
- Regulation 408
- Maximum Street Setback **
- Regulation 409
- Minimum Street Setback **
- Regulation 410
- Building Height **
- Regulation 411
- Site Coverage
- Regulation 412
- Permeability
- Regulation 413
- Carparking
- Regulation 414
- Side and Rear Setbacks **
- Regulation 415
- Walls on Boundaries **
- Regulation 416
- Daylight to Existing Habitable Room Windows **
- Regulation 417
- Solar Access to Existing North-Facing Windows **
- Regulation 418
- Overshadowing of Recreational Private Open Space **
- Regulation 419
- Overlooking **
- Regulation 420
- Daylight to Habitable Room Windows
- Regulation 421
- Private Open Space
- Regulation 422
- Siting of Class 10a Buildings
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