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Building
Permits and Part 4 of the Building
Regulations 2006 (ie. ResCode)
When
making an application to a Building
Surveyor for approval of a proposed
development, it is the responsibility
of this Relevant Building Surveyor
to determine whether a Town Planning Permit
is required from the local Municipal
Council. Local Council’s have
guidelines in relation to the various
types of building Classes/Types/Zones
allowed within their municipal boundaries.
Planning Scheme Overlays and Zones
determine whether the local Council
requires involvement in the approval
process. If a property to be developed
(ie. external building works or change
of a building use) is under an Overlay
or specific Zone (ie. non-Residential
1 Zones) it generally requires the
approval of the local Council Planning
Department, in the form of a ‘Town
Planning Permit’.
The documentation to be submitted
when applying for a Building Permit,
where a Planning Permit is also required,
must incorporate a copy of the relevant
Planning Permit and the endorsed documentation.
Throughout the Building Permit process
and construction work, the Building
Permit and Planning Permit documentation
must remain consistent, within reason.
Meaning, if a change (Architectural)
is made to the construction issue
drawings, it must be approved by the
Relevant Planning Authority before
it can be made a Building Permit amendment.
When it is determined by the local
Council and the Relevant Building
Surveyor that a Planning Permit is
not applicable for a proposed development,
generally being one Dwelling on a
single allotment or associated works,
residential Siting is to be in accordance
with Part 4 of the Building Regulations 2006 (ie. ResCode).
It is then the role of the Relevant
Building Surveyor to ensure that the
design documentation submitted for
the Building Permit application complies
with these Regulations.
ResCode applies to all residential
Building Permit applications. ‘ResCode’
brings all the objectives and standards
for housing together into two regulatory
documents – being local Council
Planning Scheme’s and Part 4
of the Building Regulations 2006.
The following are regulated under
Part 4 of the Building Regulations
2006 (ResCode):
- wall, fence and carport heights
- wall, fence and carport lengths
- boundary setbacks
- private open space - including secluded
private open space site coverage
- light courts to habitable room windows
of the subject building
- light courts to habitable room windows
of an adjoining residence
- overlooking
- overshadowing
- obstruction of solar access to north
facing windows of adjoining residences
- off-street car parking
- amount of allotment covered with
surfaces impervious to soakage of
rainwater.
Designs not in compliance with the prescribed measures cannot be granted a Building Permit, unless the local Council consents to the alternative non-complying design (ie. Dispensations).
Design
Considerations - Dispensations/Report and Consent(s)
The local Municipal Building Surveyor is
the delegated responsible officer
for making a decision in regards to
an application for Dispensation/Report and Consent.
It is usually recommended that your nominated Relevant Building Surveyor complete a ResCode assessment of your proposal in order to determine the ResCode Clauses requiring a Report & Consent / Dispensation from a Council.
When do the Building Regulations apply?
Part 4 of the Building Regulations
applies to the construction or extension
of one Dwelling, as outlined in the
following table. Planning Permits
are required in all other cases.
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