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 a 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
- Download the relevant Report and Consent application form, which can be accessed on the Building Forms page note :There is a separate Report and Consent application form for Flood (land subject to inundation)
- Assemble the required supporting documents (as specified in the application form)
- Then submit the application form, with the supporting documents and the applicable application fee through Council's online building portal here
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.
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: Ministers-Guidelines-MG-12[1].pdf
- Maximum street setback
- Minimum street setback
- Building height
- Site coverage
- Permeability
- Car parking
- Side and rear setbacks
- Walls on boundaries
- Daylight to existing habitable room windows
- Solar access to existing north-facing windows
- Overshadowing of secluded private open space
- Overlooking
- Daylight to new habitable room windows
- Private open space
- Front fence height.
Report and Consent Regulations
| New Building Regulations 2018 Number | Previous Building Interim Regulations 2017 Number | |
| 130 (1) |
310 |
Building over an easement (more information) |
| 73 (2) |
408 (3) |
Maximum street setback |
| 74 (4) |
409 (4) |
Minimum street setback |
| 75 (4) |
410 (4) |
Building height |
| 76 (4) |
411 (4) |
Site coverage |
| 77 (3) |
412 (2) |
Permeability |
| 78 (6) |
413 (6) |
Car parking |
| 79 (6) |
414 (6) |
Side and rear setbacks |
| 80 (6) |
415 (5) |
Walls and carports on boundaries |
| 81 (6) |
416 (6) |
Daylight to existing habitable room windows |
| 82 (5) |
417 (6) |
Solar access to existing north-facing habitable windows |
| 83 (3) |
418 (3) |
Overshadowing of recreational private open spaces |
| 84 (9) |
419 (9) |
Overlooking |
| 85 (3) |
420 (3) |
Daylight to habitable room windows |
| 86 (3) |
421 (4) |
Private open space |
| 87 (2) |
422 (2) |
Siting of Class 10a building (shed on vacant land) |
| 89 (3) |
424 (3) |
Front fence height |
| 90 (2) |
425(3) |
Fence setback on side or rear boundaries |
| 91 (5) |
426(1) |
Fence on or within 150mm of side or rear boundaries |
| 92 (2) |
|
Fences on intersection street alignments |
| 94 (6) |
428 (6) |
Fences and daylight to habitable room windows in existing dwelling |
|
95 (3) |
429 (5) | Fences and solar access to existing north-facing habitable room windows |
| 96 (3) |
430 (3) |
Fences and overshadowing of recreational private open space |
| 97 (2) |
431 |
Mast, poles, etc |
|
109 (1) |
Projections beyond street alignment | |
| 116 (4) |
604 (4) |
Protection of the Public - Precautions over a street |
| 133 (2) |
610 (2) |
Point of discharge of storm water (more information) |
| 132 (1) |
801 |
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 |
| 153 (3) |
802 |
Construction of buildings on land liable to flooding (more information) |
| 154 (1) |
806 |
Building on designated land |