As a building surveyor, one of the most common points of confusion I see on projects is the difference between a planning permit and a report and consent dispensation. Builders and designers are often surprised to learn that even when a planning permit is not required, they may still need to obtain a dispensation from council before their building permit can be issued.
What is a Dispensation?
Dispensation, officially known as a “Report and Consent,” is the process of seeking approval from a prescribed reporting authority when your design does not meet certain requirements set out in the Building Regulations. These requirements can relate to siting matters such as setbacks, site coverage, overlooking, or height limits. They can also involve other areas such as fire safety, building over an easement, protection of public, or specific infrastructure considerations.
Essentially, the report and consent process is about ensuring that your project balances compliance with safety, amenity, and the needs of the broader community. It is separate from the planning permit process and must be addressed before your building permit is issued.
When is Report and Consent Required?
You will need a report and consent from the relevant authority if your design triggers a prescribed matter under the Building Regulations. For example:
- Council approval is needed if a dwelling does not comply with siting requirements under Part 5 of the Regulations.
- The fire authority (FRV or CFA) must provide consent if your design varies from some prescribed fire safety provisions in the NCC.
- Service authorities may need to give consent if you plan to build over an easement.
- Council approval is required under Regulation 132 if the work involves the installation or alteration of a septic tank system, or if you plan to build over an existing septic tank.
- Consent is required under Regulation 116 where building work could impact the protection of the public, such as work close to streets, public spaces, or pedestrian access areas.
- Council or other authorities may need to provide consent if the building site is located in a designated flood-prone area.
Even if a planning permit has been obtained, that does not automatically mean these siting or technical regulations have been assessed. In many cases, separate approval may still be required. This is why it is so important to review compliance from multiple angles before moving forward.
Why Early Advice Matters
The report and consent process can be complex and time consuming if not managed well. Each reporting authority has its own requirements, fees, and timeframes for responding, and their recommendations must be incorporated into the building permit documentation. If issues arise late in the process, they can cause significant delays to your project.
Working with an experienced consulting building surveyor early in the design phase helps you identify where dispensations are likely to be needed. By flagging these matters upfront, you can prepare the right documentation, address compliance concerns, and avoid surprises when it comes time to lodge your permit.
How I Support Clients
At Deemed to Perform, as a consultant building surveyor, I regularly assist builders, designers and developers with report and consent applications. My role is to assess the design, identify where a report and consent is required, prepare the technical documentation, and liaise directly with council or the relevant authority. This ensures the application is as robust as possible and has the best chance of approval.
With almost two decades in the industry, I know how important it is to get this right. My team and I pride ourselves on delivering clear, professional support that keeps projects moving forward while maintaining compliance and safety.
If you are unsure whether your project needs a dispensation or want guidance on preparing a strong application, I am always happy to talk through the process.
📞 hello@deemedtoperform.com.au | 0404 300 268
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