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Report and consent

Report and consent

The City of Ballarat's report and consent must be obtained when a design does not comply with Part 5 of the Building Regulations.

Part 5 sets out the minimum siting requirements, such as:

  • building setbacks
  • building heights
  • site coverage
  • impermeable surfaces
  • solar access
  • overshadowing
  • overlooking
  • fence heights

The report and consent application form has two parts. Each application must include supporting documentation and an application fee. Part A of the form has a list of supporting documents needed. We strongly recommended that the proposal is assessed by a building surveyor before to submitting your application to ensure any non-compliance is accurately identified.

 

How to apply

  1. Complete the report and concent application form Part A.
  2. Complete Part B application forms found in the below table. You will need one for each applicable regulation.
  3. If instructed in the one of the Part B forms, complete the Adjoining Owner Comment Form.
  4. Pay a fee of $294.70 per regulation.

 

Report and Consent Regulations

Regulation number Regulation

130

Building over an easement vested in Council (additional legal fees and administrative costs may apply if a S173 agreement is needed – you will be advised)

73

Maximum boundary setback does not comply.

74

Minimum setback from a street boundary does not comply.

75

Maximum building height does not comply.

76

Site coverage exceeds 60% of the allotment and does not comply

77

Impermeable surface area does not comply.

78

Provision for car parking space and car parking space dimensions do not comply

79

Side or rear boundary setbacks do not comply

80

Walls within 200mm of a boundary or carports within 1m of boundary do not comply.

81

The proposed building reduces solar access to existing habitable room window on the adjoining allotment and does not comply.

82

Proposed building reduces solar access to existing north-facing habitable room window on the adjoining allotment and does not comply

83

Overshadowing – proposed building reduces sunlight to a recreational private open space (RPOS) of an existing dwelling on an adjoining allotment and does not comply.

84

Overlooking – proposed habitable room window or private open space provides direct line of sight into the adjoining allotment’s secluded private open space or habitable room window and does not comply

85

Daylight to new habitable room window of a proposed building does not comply.

86

The size of the private open space for the proposed building does not comply.

87

Siting of Class 10a building is not appurtenant to a building of another class.

89

Maximum front fence height does not comply.

90

Fence on a side or rear boundary exceeds 2m in height does not comply.

91

Fence within 150mm from side or rear boundary exceeds 2m in height and does not comply.

92

Fence within 9m of a point of intersection of street alignments exceeds 1m in height and does not comply.

94

Proposed fence (exceeding 2m in height) reduces daylight to an existing habitable room window on an adjoining allotment and does not comply.

95

Proposed fence (exceeding 2m in height) reduces daylight to an existing north-facing habitable room window on an adjoining allotment and does not comply.

96

Overshadowing – proposed fence reduces sunlight to a recreational private open space (RPOS) of an existing dwelling on an adjoining allotment and does not comply.

97

Proposed mast, pole, aerial, antenna, chimney flue pipe or other service pipe does not comply.

99 Architectural features – narrow.
100 Architectural features – medium.
101 Architectural features – wide.
102 Windows and balconies.
103 Verandahs.
104 Sunblinds and awnings.
105 Service pipes and rainwater heads.
106 Window shutters.
107 Signs.
108 Service cabinet doors.

109

Projections beyond street alignment.

134

Building above and below certain public facilities.

153

Construction of buildings on land liable to flooding.

 

See also Report and Consent - Part 6

Pools and spas safety

In Victoria, swimming pools and spas with a water depth of more than 30cm must have safety barriers to restrict access of young children to the pool or spa area.

Image of a backyard pool

New swimming pool or spa registration requirements

On 1 December 2019, the Victorian Government introduced new laws to improve swimming pool and spa safety across the state. Owners of land where a swimming pool or spa is located must register their pool or spa with their local council, and then obtain and lodge compliance certificates for the safety barriers around their pools and spas. Find out more about the regstering pools and spas.

 

How do I register?
You can register your pool or spa with the City of Ballarat online, click the Permits and Registers tab and select Apply to Register a Pool/Spa.

What pools or spas do the laws apply to?
The laws apply to swimming pools and spas that can hold 30cm or more of water. This includes permanent pools, above ground pools, indoor pools, hot tubs, bathing or wading pools, and some relocatable pools.

Do the laws apply to all relocatable pools?
Relocatable pools that do not have multiple parts and do not need assembly do not fall under the laws. An example is a small inflatable pool has no assembly other than inflation.

When do I have to register my pool or spa?
You must register your pool or spa now.

What happens after my pool or spa is registered?
Under the new state laws, once your swimming pool or spa has been registered, you need to arrange an inspection of the safety barrier by a qualified inspector to find out if the barrier is compliant with the barrier standard.

If the safety barrier is compliant, the inspector will issue a certificate of compliance. If the safety barrier is non-compliant, you must make the barrier compliant.

How long do I have to lodge a certificate of compliance?
It depends when your pool was built. Find deadlines on the Victorian Building Authority's website.

What are the costs?
For most owners, the cost to register your pool or spa with the City of Ballarat is $80.30, including an information search fee.

A full list of fees and penalties is available on the Victorian Building Authority's website.

How can I tell if my safety barrier on my existing pool or spa is adequate?
As a pool or spa owner, you have an obligation to maintain your swimming pool or spa barrier to prevent access to the pool or spa.

The Victorian Building Authority has checklists that can help you check the safety of your barrier.

Where can I get more information?
Visit the Victorian Building Authority's website for more information about the new laws, including frequently asked questions.

Safety barriers

Property owners and occupants are responsible for making sure pool barriers are maintained, repaired and in working order.

Is a lockable lid a safety barrier?
No, a lockable lid is not a safety barrier and does not meet legal requirements.

What must a pool safety barrier include?
The pool or spa area must be a separate enclosure on the property. No access is allowed directly from the dwelling or from any other outbuilding on the allotment. A safety barrier must be permanent and automatic.

Gates must swing away from the pool, be self-closing, self-latching and have latches at specific heights. Specific barrier heights and other dimensions apply, including non-climbable zones around, and within, the pool or spa enclosure.

Safety barriers are needed for:

  • in-ground pools and spas
  • above-ground pools and spa pools including inflatable pools holding more than 30cm of water
  • indoor pools and spas
  • bathing and wading pools containing more than 30cm of water
  • spas and swimming spas (including portable spas)

Safety barriers are NOT needed for:

  • bird baths
  • fountains
  • water supply/storage tanks
  • fish ponds
  • dams

Building permit

Do I need a building permit?
Yes, you must get a building permit before you install a pool or spa, if it can containing more than 30cm of water.

How do I get a building permit?
A building surveyor issues building permits at the start of a building project. The surveyor can advise what you need to do to get the permit.

Building a new home in the Ballarat West Growth Area

If you are a new homeowner in the Ballarat West Growth Area you will need to pay the Community Infrastructure Levy (CIL).

The CIL is a contribution towards community facilities in the Ballarat West Growth Area such as multi-purpose community hubs, early years hubs, recreational facilities and sports pavilions.

The CIL is a one-off payment and must be paid prior to the issue of a building permit, as specified in the Victorian Planning and Environment Act 1987 and mandated under Section 24(5) of the Building Act 1993.