Report and consent

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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

Complete the application form relevant to the Building Regulation you are requesting to vary.
If instructed in the application form, complete the Adjoining Owner Comment Form.
Email applications to building@ballarat.vic.gov.au - a schedule of fees will then be sent for payment.

Report and Consent Regulations

Regulation number	Regulation
73	Maximum boundary setback does not comply .
74	Minimum setback from a street boundary does not comply .
74A	Building setback for a small second dwelling 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 .
86A	The size of the private open space for the proposed small second dwelling does not comply
86B	Accessibility for a small second dwelling 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 .
109 & 134	Projections beyond street alignment & Buildings above or below certain public facilities Regulation 99 – Architectural features (Narrow) Regulation 100 – Architectural features (Medium) Regulation 101 – Architectural features (Wide) Regulation 102 – Windows and balconies Regulation 103 – Verandah Regulation 104 – Sunblinds and awnings Regulation 105 – Service pipes and rain water heads Regulation 106 – Window shutters Regulation 107 – Signs Regulation 108 – Service cabinet doors Report and Consent Application (Building Regulations 2018)
116	Protection of the Public Make an application for hoarding on council land
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)
134	Building above and below certain public facilities.
153	Report and consent application – to allow construction on land liable to flooding - 2024/25