Apply for a siting variation

When a design for a single Class 1 building (dwelling) and associated Class 10 buildings (fences, carport, garages sheds or the like) does not comply with the requirements of Part 5 of the Building Regulations 2018 (ResCode), an application for Report and Consent (called a Siting Variation) may be required.

Siting variation applications are assessed against the Minister's Guideline MG12, with the objective of ensuring that the proposed variation respects the existing or preferred character of the neighbourhood and is consistent with the heights, setbacks and design of existing fences and buildings in the immediate area.

Please discuss with the relevant building surveyor engaged for the issue of the Building Permit before making an application.

How to apply

Apply online

Step 1.Get professional advice

Before you apply, you will need to be sure that you have a strong case for not complying with siting requirements. To do this, we recommend you:

  • consult an architect or building designer to provide design advice
  • talk to your neighbours about your design plans
  • discuss the design with the team at Nillumbik Building Surveyors.

Step 2.Prepare a covering letter

Your application must be accompanied by a covering letter clearly explaining why your proposal does not comply with siting requirements and how the proposal meets the Minister's Guidelines MG12.

Step 3.Seek comments from your neighbours

If your application relates to a reduction in setback, or if the proposed variation may impact the amenity of the adjoining property, you must give your neighbours the opportunity to make comment on your application.

There are two options - you can choose to:

  • collect comments from adjoining property owners yourself - download and print the Neighbours Comments form(PDF, 608KB) and provide one copy to each of the affected adjoining properties (as determined by Council) along with a copy of architectural plans. Then, collect the completed form including the initialled and dated plans and submit these to Council.
  • ask Council to perform this task (for a fee) - let us know when you submit your online application if you would like Council to contact your neighbours

Step 4.Prepare supporting documentation

Along with your application, you will need to attach to the online form:

  • A copy of Title (can be obtained from Landata)
  • Approved plan of subdivision and any covenants or restrictions (if applicable) (can be obtained from Landata along with the Title)
  • Site plan and architectural drawings (refer to the Building Permit checklist for formatting specifications)
  • Cover letter (see above)
  • Neighbour's comments if collecting yourself (see above)

Step 5.Submit the online form

Apply for a siting variation >

Fees

The application fee is $311.80 per regulation. This amount is correct as of 1 July 2023.

Each regulation is assessed individually and the fee will be applied to each regulation being varied.

After your application is received, an invoice will be generated and emailed to you. This email will contain instructions on how to pay.

What happens next?

Pay the application fee 

After your application is received, an invoice will be generated and emailed to you. This email will contain instructions on how to pay.

Respond to requests for further information

If we need any additional details, we'll let you know within 15 business days. Your application will be put on hold until this information is received.

Site visits and mediation, if required

When we are assessing your application, we may visit the site to take photographs and measurements, to assess the potential impact on adjoining properties and the streetscape.

We may also need to act as mediators between the applicant and any potentially affected neighbours.

A decision is made

After assessing your application, we will either:

  • approve the application, 
  • approve the application with recommendations, or
  • refuse the application

We will let you know in writing.

Appealing a decision

If you disagree with Council's decision, you have 30 business days to lodge an appeal with the Building Appeals Board. The decision of the Building Appeals Board is final.