All buildings in Moonee Valley have to adhere to the State Government’s Building Regulations, which outlines rules for the siting of houses and outbuildings, including fences.
If any changes to your building affect the following areas, you must apply for a Siting Concession (also known as Report and Consent) (PDF, 115KB).
- Setbacks from the front, side and rear of the allotment boundaries
- Building height
- Site coverage
- Permeability of allotment area
- Car parking for a new house
- Walls on side or rear boundaries
- Daylight to existing habitable room windows
- Solar access to existing north-facing windows
- Overshadowing of recreational private open space
- Daylight to habitable room windows
- Private open space
- Fence height and setbacks
The above requirements apply to a single house, associated outbuilding or fence in the following situations:
- where a planning permit is not required or
- where a planning permit is required but does not regulate the siting of the buildings
We may grant a siting dispensation in the following circumstances:
- if the design is appropriate and fits in with the surrounding area; and
- the design meets with the relevant Minister’s objectives and guidelines.
Adjoining Owner's Consent
If in our opinion, the application may negatively impact a nearby allotment, we must give the owner of the allotment an opportunity to make a submission in respect of the possible impact.
Applicants should include a completed adjoining owners consent form (doc, 953kb) regarding their application for the siting concession.
Upon request by the applicant, we may seek comments from the affected adjoining owners and we generally allow 14 days for their comments.
Note: there are no third party appeal rights, that means that aggrieved neighbours do not have a right of appeal under the Building Act.
Appealing a decision
The owner of the land has the right to appeal against our decision to the Building Appeals Board within the prescribed appeal period of 30 days.
Siting Approval for Temporary Structures
If you are planning to erect a temporary structure for a specific function then you will need to apply to the Municipal Building Surveyor to obtain a Siting Approval for Temporary Structures (PDF, 166KB). A temporary structure is:
- A stage or platform exceeding 150m2 in floor area;
- A tent, marquee or booth with floor area greater than 100m2;
- A seating stand that accommodates 20 people; or
- A prefabricated building exceeding 100m2 other than ones placed directly on the ground.
For more information, please read the Siting Approval - Temporary Structures Information Sheet (PDF, 128KB).
Consent and Report for Public Protection
If the Building Surveyor determines that precautions are required to protect the safety of the public, you must complete a protection of public application form (PDF, 91KB). If you are occupying Council land - including, laneway, footpath, nature strip, channel, kerbing, road pavement - you must complete a road occupancy permit. Occupancies include the placement of scaffolding, hoardings, cranes and delivery trucks unloading/loading building materials.