Building Permits - do I need one?
Before undertaking almost any building or demolition work, a Building Permit is required.
Some minor works are exempted though. To determine whether or not you need a Building Permit, refer to the table When a Building Permit is Required.
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Council Consents - what other areas fall under these?
There are a number of siting and non-siting matters that require Council Consent and Report.
Siting Matters
- Maximum Setback from a street boundary (Reg. 408)
- Minimum Setback from a street boundary (Reg. 409)
- Building height (Reg. 410)
- Site coverage (Reg. 411)
- Impermeable surfaces covering more than 80% of an allotment area (Reg. 412)
- Car parking spaces (Reg. 413)
- Side or rear boundary setbacks - height and length (Reg. 414)
- Walls or carports on the side / rear boundary (Reg. 415)
- Building setbacks - daylight to existing habitable room window (Reg. 416)
- Building setbacks - solar access to existing north-facing windows (Reg. 417)
- Building design - overshadowing of recreational private open space (Reg. 418)
- Window or raised open space - overlooking (Reg. 419)
- Building design - daylight to habitable room window (Reg. 420)
- Private open space (Reg. 421)
- Appurtenant Class 10 buildings incl garages/sheds on vacant lots (Reg. 422)
- Front fence height (Reg. 424)
- Fence setback from side or rear boundary (Reg. 425)
- Length or height of side or rear boundary fence (Reg. 426)
- A fence within 9m of an intersection (Reg. 427)
- Fence setback - daylight to existing habitable room window (Reg. 428)
- Fence setback - solar access to existing north-facing windows (Reg. 429)
- Fence design - overshadowing of recreational private open space (Reg. 430)
- Mast, pole, aerial, antenna, chimney flue pipe or other service pipe (Reg. 431)
Non-siting Matters
- Building over a drainage easement (Reg. 310)
- Projections beyond street alignment (Reg. 513)
- Architectural features
- Service pipes and rainwater heads
- Signs
- Sunblinds and awnings
- Verandahs
- Windows and balconies
- Window shutters
- Buildings above or below a street, railway, bus terminal or similar public facility (Reg. 515)
- Precautions over a street to protect the safety of the public (Reg. 604)
- Installation or alteration of a septic tank system, or construction of a building over an existing septic tank system (Reg. 801)
- Construction of buildings on land liable to flooding (Reg. 802)
- Building on designated land - Uncontrolled overland drainage (Reg. 806)
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Fencing - what are the height regulations?
There are different regulations depending on the location and type of fence.
Fences on street/property boundary
- Building Permit required for masonry fence over 1.2 metres, other fences over 1.5 metres
- Barbed wire must be at least 150mm back from street alignment (boundary)
- Corner fences - maximum height of 1 metre (within 9 metres of point of intersection of street alignments)
- A Street Occupation Permit is required where works are undertaken beyond the property boundary (eg from footpath or nature strip)
- Council Consent & Report is required for barriers beyond the street alignment for protection of the public during construction
- Front fences (within 3 metres of street boundary) maximum height 1.5 metres generally, or 2 metres if facing a "Declared Road" (Declared Road - freeway or arterial road under the Road Management Act 2004)
Side/Rear Street boundaries
- maximum height 2 metres
- higher fences must comply with height/length/setback limitations
Swimming Pool & Spa Fences
- Building Permit always required
- Minimum height of 1.2 metres
- Specific construction requirements - refer Building Code of Australia Volume 2, Australian Standard 1926.1-1993
- Cannot include property boundary fence
- Brochure available from Customer Service Centres
Boundary fences
- Controlled by Fences Act 1968 (We do not administer this Act)
- Construction by agreement between property owners or Court Order from Magistrates Court
- Generally maximum height 2 metres
- Building Permit required for masonry fence/wall
- Building Permit required for higher fences, which must comply with height/length/setback limitations
Other Notes
- Gates, screens, roller doors are included in these fence provisions
- Excavations must be fenced or guarded during construction
- Some Statutory Planning controls apply
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Pool fencing - what are the requirements?
All pools and spas, regardless of when installed or constructed, require safety barriers. Portable or inflatable pools/spas are not exempted from these requirements. A handout is available for details of pool barriers from any of our Customer Service Centres or our Building Department.
A building permit is required to construct or alter any pool safety barrier.
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