Report and consent refers to situations where building design does not meet the siting requirements set out in the Building Regulations.
What is report and consent?
Report and consent refers to situation/s where your building design does not meet the siting requirements set out in the Building Regulations. You can check the building proposal against one or more Minister’s guidelines, which have been developed for these situations by the office of the Minister for Planning.
If your siting design can meet any of the conditions set out in the applicable Minister’s guideline(s), you can apply to Council (the ‘reporting authority’) for report and consent.
Council can either approve or refuse the application depending on the submitted information and relevant documentation. (In some cases, the application may need to be reviewed by another reporting authority).
Note: The relevant building surveyor cannot issue a building permit unless they are satisfied that any required consent has been obtained.
What is the process?
If your design does not meet the conditions set out in the relevant building regulation, you need to do the following:
- Review the applicable minister’s guideline Ministers-Guidelines-MG-12[1].pdf
- To apply, click Building Applications
If you have any queries about this process you may want to talk to your building surveyor or architect or contact us for more information.
Adjoining Owners Comments – Siting
When considering any application for report and consent, we take into account the impact the proposed siting might have on adjoining properties. We may also contact the adjoining owners/occupiers for their comments, which may in turn have a bearing on our decision to approve or refuse the siting design. To make comment on an adjoining property variation, click Building Applications
If Council decides to refuse your application, you have the right to appeal the decision to the Building Appeals Board. Note that neighbours don’t have a right of appeal if they don’t agree with the decision.
MINISTER’S GUIDELINES
The Minister’s Guidelines set out the considerations to be applied to the design and siting of single dwellings and outbuildings for the following categories:
- Maximum street setback of a principal single dwelling
- Minimum street setback of a principal single dwelling
- Building setback of a small second dwelling
- Building height of a principal single dwelling or a small second dwelling
- Site coverage
- Permeability
- Car parking
- Side and rear setbacks of a principal single dwelling or a small second dwelling
- Walls and carports on boundaries
- Daylight to existing habitable room windows
- Solar access to existing north-facing habitable room windows
- Overshadowing of recreational private open space
- Overlooking
- Daylight to habitable room windows
- Private open space
- Front fence height
- Accessibility for a small second dwelling
Report and Consent Regulations
| Building Regulations 2018 | |
| 73 | Maximum street setback |
| 74 | Minimum street setback |
| 74A | Building setback for small second dwellings |
| 75 | Building height |
| 76 | Site coverage |
| 77 | Permeability |
| 78 | Car parking |
| 79 | Side and rear setbacks |
| 80 | Walls and carports on boundaries |
| 81 | Daylight to existing habitable room windows |
| 82 | Solar access to existing north-facing habitable windows |
| 83 | Overshadowing of recreational private open spaces |
| 84 | Overlooking |
| 85 | Daylight to habitable room windows |
| 86 | Private open space |
| 86A | Private open space for small second dwelling |
| 86B | Accessibility for small second dwellings |
| 87 | Siting of Class 10a building |
| 89 | Front fence height |
| 90 | Fence setback on side or rear boundaries |
| 91 | Fence on or within 150mm of side or rear boundaries |
| 92 | Fences on intersection street alignments |
| 94 | Fences and daylight to habitable room windows in existing dwelling |
95 | Fences and solar access to existing north-facing habitable room windows |
| 96 | Fences and overshadowing of recreational private open space |
| 97 | Mast, poles, etc |
| 109 | Projections beyond street alignment |
| 116 | Protection of the Public - Precautions over a street |
| 130 | Building over an easement (more information) |
| 132 | Installation of a septic tank system in an unsewered area or construction of a building over an existing septic tank system in an unsewered area |
| 133 | Point of discharge of storm water (more information) |
| 153 | Construction of buildings on land liable to flooding (more information) |
| 154 | Building on designated land |