Request under Section 29A of the Building Act 1993 and Building Regulations 2018 for report and consent to demolish

What is a Section 29A Demolition Consent?

Section 29A of the Building Act 1993 and the Building Regulations 2018 states that the consent of the Responsible Authority (Council) may be required before a building permit for demolition is issued. Report and consent for demolition from Council is required in the following instances:

  • If the demolition (including any demolition completed or approved within the last 3 years) would amount to 50% or more of the total volume of the building (known as the 'volume test' under Section 29A(1)(a) of the Act).
  • If the demolition includes any part of the building facade (known as the 'facade test' under Section 29A(1)(b) of the Act).

It is important to note that Section 29A demolition consent is a separate approval process to a planning or building permit. In many cases, a planning permit for demolition may also be required (such as if the building is within a Heritage Overlay) and this approval must be obtained before a Section 29A demolition consent can be issued. 

Assessment of Section 29A applications

Council's Statutory Planning team review all Section 29A applications. The assessment includes an investigation as to whether the proposed demolition requires a planning permit, and if so, whether a planning permit has been issued for the proposal.

In some instances, a property may be included in Council's Heritage Gap Study which means it may be of heritage significance but is not currently afforded any protection. In these cases we will refer the 29A application to Council's Heritage Adviser, who will determine whether further interventions are required to protect the property. For more information on the Heritage Gap Study, click here. If your property is included within the Heritage Gap Study and you intend to demolish it is recommended that you contact Council's Statutory Planning Department on 9243 9111 for advice. 

A Section 29A application will be refused if a planning permit is required for the demolition and one has not been granted, or if the proposed demolition under the 29A request is different to the extent of demolition approved under a corresponding planning permit.

All Section 29A applications are required to be accompanied by the following information:

  • A Demolition Plan showing all existing buildings, structures and areas to be demolished
  • A complete and recent (obtained no more than 30 days prior to the application) Certificate of Title, including the title page, plan of subdivision and any applicable covenants or Section 173 Agreements
  • Photographs of the existing buildings, structures and areas to be demolished
  • The application fee - $83.10

A failure to provide the correct information will result in a delay to the processing of your application.

How can I apply for a Section 29A demolition consent?

Section 29A requests can now be submitted to Council electronically through our online applications portal.

Prior to submitting demolition request application you will need to have registered for our online services. Please allow up to 48 hours for your registration to be processed.

Register online

Once you have registered an account you can use the following link to submit your application (you will be prompted to log in first if you haven't done so):

Apply for a Section 29A Demolition Consent

 

Last updated: Wednesday, 1 May 2019, 7:10 AM