Apply for consent to build on flood-prone land

If your property is in a flood prone area, this doesn’t mean that you won’t be able to build on it, but you will need to submit an application to have your proposal assessed by a Building Services Officer.

Regulation 153 and 154 of the Building Regulations 2018 require Council Report and Consent to build on flood prone land if your property is identified as being liable to flood or within designated land or works.

Consent may be granted only where the building/structure does not unreasonably impede the natural drainage conditions of the land. 

What is flood prone land?

Flood prone means that the land has a 1% probability of flooding in any given year, commonly referred to as a 1 in 100 year flood event.

What is designated land or designated works?

This refers to land that is located within 20 metres of a Melbourne Water utility asset or waterway.

Is my land flood prone or designated?

To find out if your land is flood prone or if there are any designated land or designated works (water utility assets) that restrict development, you can request a property information certificate from Council.

How to apply

Apply online

Step 1.Determine if your land is flood prone

You can obtain this information from Council by requesting a property information certificate.

Step 2.Get professional advice

There are circumstances where an application for Report and Consent may not be required. In this regard it is important that you discuss your application with the relevant building surveyor prior to making an application.  

Step 3.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, elevation view and architectural drawings (refer to the Building Permit checklist for formatting specifications) - fully dimensioned and to scale, showing proposed floor levels to Australian Height Datum (AHD)

Step 4.Submit the online form

Apply to build on flood-prone land >

Fees

There is a non-refundable application fee of $311.80 per regulation. This amount is correct as of 1 July 2023.

After your application is received, an invoice will be sent to you via email. This email will contain instructions about how to pay the application fee.

What happens next?

After your application is received, an invoice will be sent to you via email. This email will contain instructions about how to pay the application fee.

A response will be sent to you via email within 15 business days.