Building regulations and consent forms

Your building project may not follow a requirement of the Building Regulations 2006. You must get Council’s consent before a building permit can be issued.

Each regulation has its own consent application form below.
You must also fill in the general Part A application form (DOC 54Kb).

In the forms, you must show how your design meets the Ministerial decision guidelines. For siting consents, Council also needs comments from your adjoining neighbours. Council considers these comments when making its decision.

408 Maximum street setback

A new dwelling must not be set back from the front street more than one-third of the depth of the allotment.

This regulation does not apply to an allotment equal to or greater than 0.40469ha.

Application form to vary Regulation 408 (DOC 46Kb)

409 Minimum street setback

A dwelling must not be set back from the front street less than the average of the setbacks of the front walls of the existing buildings on the adjoining allotments that face the street, or 9 m, whichever the lesser.

A dwelling must not be set back from the side street on corner allotments less than 2 m, or the same as the front wall of the existing building on the adjoining allotment, whichever the lesser.

Application form to vary Regulation 409 (DOC 48Kb)

410 Building Height

A building cannot be more than 9 m high, measured from natural ground level to the top of roof. If the land under the building has a slope of 2.5º or more for at least 8 m, then the building cannot be more 10 m high.

Any part of a building built within 1 m of a side or rear boundary cannot be more than 3.6 m high and must also meet Regulation 415.

Application form to vary Regulation 410 (DOC 42Kb)

411 Site Coverage

A maximum 60% of the allotment can be covered by buildings (not including the land covered by eaves, unroofed terraces, decks, patios & pergolas and unroofed swimming pools).

Application form to vary Regulation 411 (DOC 41Kb)

412 Permeability

Impermeable surfaces cannot cover more than 80% of an allotment

Application form to vary Regulation 412 (DOC 43Kb)

413 Carparking

If a new dwelling is being built, you must provide space to park two cars on the allotment as follows:

one space must be at least 6 m long x 3.5 m wide
the other space must be at least 4.9 m long and 2.6 m wide
if the car spaces are side by side, the width must be at least 5.5 m.

An alteration to a building cannot reduce the number of car parking spaces unless there are more than 2 spaces. In this case, the number of spaces can be reduced to 2.

Application form to vary Regulation 413 (DOC 45Kb)

414 Side and Rear Setbacks

A building must be not be set back from the side and rear boundaries less than :

Building height at any point	Minimum setback from side or rear boundary at that point
Up to 3.6 m	1 m
Between 3.6 m and 6.9 m	1 m plus 300mm for every metre of height over 3.6 m
More than 6.9 m	2 m plus 1 m for every metre of height over 6.9 m

This regulation does not apply to walls that meet Regulation 415.

The following cannot encroach into the side or rear setback by more than 500 mm:

porches, verandahs
masonry chimneys
sunblinds, screens installed to prevent overlooking under Regulation 419
flues, pipes
domestic fuel tanks
water tanks, or
heating and cooling equipment.

The following can be built in the setback:

landings with an area no more than 2 m² and less than 1 m in height,
unroofed stairs and ramps
pergolas
shade sails
eaves, fascia, gutters no more than 600 mm wide, or
carports (however, carports must also comply with regulation 415).

Application form to vary Regulation 414 (DOC 48Kb)

415 Walls on boundaries

You can build a wall or carport on the side or rear boundary if:

the wall or carport is no more that 10 m long plus 25% of the remaining length of the boundary.
the wall or carport is no more than:

average 3.0 m high or
maximum 3.6 m high.

Walls within 150 mm of the boundary are considered to be on the boundary.

If the proposed wall abuts an existing wall on the boundary, you can build the new wall at the same height and length as the existing wall

This regulation does not apply if Regulation 417 applies

Application form to vary Regulation 415 (DOC 48Kb)

416 Daylight to existing habitable room windows

If your neighbour has a habitable room window facing the boundary, you must provide a light court to the window that is at least 3 m² in area and with a dimension of at least 1 m.

If your wall or carport will be more than 3 m high then it must be built at least ½ its height from a habitable room window on the adjoining allotment where the wall or carport is within a 55º arc from the middle of the window.

Application form to vary Regulation 416 (DOC 43Kb)

417 Solar access to neighbours existing north facing habitable room windows

If your neighbour has a north facing habitable room window less than 3 m to the boundary, then your building must be set back the follow distances for 3m from the edge of each side of your neighbour’s window:

Building height at any point	Minimum setback from side or rear boundary at that point
Up to 3.6 m	1 m
Between 3.6 m and 6.9 m	1 m plus 600 mm for every metre of height over 3.6 m
More than 6.9 m	3 m plus 1 m for every metre of height over 6.9 m

A window that faces from north 20º west to north 30º east is considered to be north facing.

Application form to vary Regulation 417 (DOC 43Kb)

418 Overshadowing of recreational private open space

After your building is constructed, at least 75% or 40 m² (whichever is lesser) of your neighbour’s “recreational private open space” must receive at least 5 hours of sunlight between the hours of 9am and 3pm on 22 September. This space must be at least 3 m wide.

If your neighbour does not already receive the above amount of sunlight on the 22 September, then your building work cannot further reduce sunlight to your neighbour’s open space.

Note: “Recreational private open space” is any part of private open space:

at the side or at the back of a dwelling, or
in front of a dwelling which is screened for at least 90% of its perimeter with a wall fence or barrier that is at least 1.5 m high and no more than 25% open, and
is mainly used for outdoor recreational activities.

Application form to vary Regulation 418 (DOC 44Kb)

419 Overlooking

Your new habitable room window or elevated open space must not provide a direct line of sight into a habitable room window or “secluded private open space” or habitable room window on your neighbour’s property.

“Direct line of sight” is measured from a height of 1.7 m above the floor level for a horizontable distance of 9 m and a 45º angle from the plane of the window or landing or balcony, etc.

A habitable room window complies if it:

is offset at least 1.5 m from the edge of your window to the edge of your neighbour’s window, or
has a sill height of at least 1.7 m above floor level, or
has fixed obscured glazing in all parts of the window that are less than 1.7 m above floor level, or
is fitted with a permanent fixed screen which has no more than 25% of its area open.

A landing, deck, balcony etc complies if the direct line of sight is blocked by a permanent fixed screen which has no more than 25% of its area open.

This regulation does not apply if:

there is a visual barrier at the boundary that is at least 1.8 m high, and
the floor level of the new habitable room window or raised open space is less than 800 mm above ground level when measured at the boundary.

Note: “Secluded private open space” is any part of private open space:

which is screened for at least 90% of its perimeter with a wall fence or barrier that is at least 1.5 m high and no more than 25% open, and
is mainly used for outdoor recreational activities.

Application form to vary Regulation 419 (DOC 43Kb)

420 Daylight to habitable room windows

Your new habitable room window must face:

an outdoor space or light court with an area of at least 3 m² and have a minimum dimension of 1 m clear to the sky (this cannot include land on your neighbour’s property), or,
a verandah if the verandah is open on at least 1/3rd of its perimeter, or
your carport if the carport is open on at least 1/3rd of its perimeter, with two sides open.

Note: a side of a verandah or carport is considered open if it is at least 500 mm from another building or the boundary.

Application form to vary Regulation 420 (DOC 41Kb)

421 Private open space

You must provide at least 80 m² or 20% of the area of your property, (whichever is less) as private open space. This private open space must include at least 25 m² with a dimension of 3.0 m at the side or rear of the building and must have convenient access from a habitable room, but not a bedroom.

Application form to vary Regulation 421 (DOC 42Kb)

422 Siting of Class 10a building

You cannot build a class 10a building such as a garage on your property if there is no other building.

Application form to vary Regulation 422 (DOC 38Kb)

424 Front fence height

The fence at the front of your property cannot be higher than the maximum height shown below:

The street is a declared main road	2 m
The street is any other street Application form to vary Regulation 424 (DOC 44Kb)	1.5 m

425 Fence setbacks from side and rear boundaries

A fence that is higher than 2 m must be setback from the side or rear boundaries as shown below:

Fence Height	Setback from side or rear boundary
More than 2 m, not more than 3.6 m	At least 1 m
More than 3.6 m, not more than 6.9 m	1 m plus 300 mm for every metre over 3.6 m
More than 6.9 m	2 m plus 1 m for every metre of height over 6.9 m

This regulation does not apply to a fence that complies with Regulation 426.

Application form to vary Regulation 425 (DOC 38Kb)

426 Fences on or within 150 mm of side or rear boundary setbacks from side and rear boundaries

You can build a fence that is higher than 2 m on a boundary if:

the total length is no more than 10 m long plus 25% of the remaining length of the boundary, when added to the length of any wall or carport already built on the boundary of your property
the fence is no more than:

average 3.0 m high and
maximum 3.6 m high along the boundary.

Fences within 150 mm of the boundary are considered to be on the boundary.

If the proposed fence abuts an existing wall or carport on or within 150 mm of the boundary, you can build the fence at the same height and length as the existing wall.

This regulation does not apply if the fence will be built on the boundary with a side or rear street.

Application form to vary Regulation 426 (DOC 38Kb)

427 Fences on street alignments

You can build a fence within 9 m of an intersection, however the fence cannot be higher than 1 m.

You cannot build a fence containing barbed wire or sharp protrustions unless:

the fence is set back at least 150 mm from the boundary with the street and
the barbed wire or other sharp material is at least 2 m above the ground.

Application form to vary Regulation 427 (DOC 38Kb)

428 Fences and daylight to windows in existing dwellings

If you or your neighbour has a habitable room window facing the boundary, you must provide a light court to the window that is at least 3 m² in area and with a dimension of at least 1 m.

The area of the light court can include land on your neighbour’s property.

If your fence will be more than 3 m high then it must be built at least ½ its height from a habitable room window where the fence is within a 55º arc from the middle of the window.

Application form to vary Regulation 428 (DOC 38Kb)

429 Fences and solar access to existing habitable room windows

If your neighbour has a north facing habitable room window less than 3 m to the boundary, then your fence must be set back the following distances for 3 m from the edge of each side of your neighbour’s window:

Building height at any point	Minimum setback from side or rear boundary at that point
Up to 3.6 m	1 m
Between 3.6 m and 6.9 m	1 m plus 600 mm for every metre of height over 3.6 m
More than 6.9 m	3 m plus 1 m for every metre of height over 6.9 m

A window that faces from north 20º west to north 30º east is considered to be north facing.

Application form to vary Regulation 429 (DOC 38Kb)

430 Fences and overshadowing of recreational private open space

If you are building a fence over 2 m high, at least 75% or 40 m² (whichever is lesser) of your neighbour’s “recreational private open space” must receive at least 5 hours of sunlight between the hours of 9am and 3pm on 22 September. This space must be at least 3 m wide.

If your neighbour does not already receive the above amount of sunlight on the 22 September, then your fence cannot further reduce sunlight to your neighbour’s open space.

Note: “Recreational private open space” is any part of private open space:

at the side or at the back of a dwelling, or
in front of a dwelling which is screened for at least 90% of its perimeter with a wall fence or barrier that is at least 1.5 m high and no more than 25% open, and
is mainly used for outdoor recreational activities.

Application form to vary Regulation 430 (DOC 38Kb)

431 Mast, poles, etc

If you intend to install a mast, poles, aerieal, antenna, chimney, flue, pipe or other service pipe, it cannot be:

more than 3 m higher than the highest part of a building to which it is attached or
more than 8 m high from ground level when not attached to a building.

Application form to vary Regulation 431 (DOC 38Kb)

513 Projections beyond the street alignment

Report and consent of Council is required if you wish to build any of the following which will project beyond the street alignment at a different height or distance than specified in the Building Regulations:

an architectural feature or similar part of a building
a window
a balcony
a verandah has been constructed and attached to the rear of the dwelling without a building permit being issued and in force.
a sunblind
an awning
a service pipe
a rainwater head
a service installation
a window shutter
a sign or similar Class 10b structure, or
a service cabinet door.

Council will assess the safety to the public before giving consent to any variation to this regulation.

Application form to vary Regulation 513 (DOC 38Kb)

515 Buildings above or below certain public facilities

Report and consent of Council is required if you wish to build above or below a street, railway, bus terminal or similar public facility

Application form to vary Regulation 515 (DOC 39Kb)

802 Flood areas

Report and consent of Council is required if you wish to build on a property that is in an area:

liable to flooding as

determined by Water Act 1989
identified in the Moreland Planning Scheme, or
described on certified or sealed plan or subdivision or plan of strata subdivision or plan of cluster subdivision.

designated as being likely to be flooded by waters from

a waterway as described in the Water Act 1989, or
any land on which water accumulates or over which surface water flows including land which could suffer flooding from a drainage system.

This regulation does not apply to:

a class 10 building such as a garage or carport, or
an unenclosed floor area of a building, or
alterations to an existing building if the floor area of the building is not increased by more than 20 m².

Building in Flood Prone areas brochure (DOC 259Kb)

Application form to vary Regulation 802 (DOC 67Kb)

Files

Part A general application form (DOC 54Kb)

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