The zones within Northern Grampians Shire Council's planning scheme determine what can be built and where. Whether or not there is an existing dwelling on the lot can also impact.
Please see do you need a building or planning permit or contact the NGSC Planning department to determine if you can use the land you own, or are proposing to purchase, to build your project.
Overview
Fences generally do not require a building permit provided they do not exceed the requirements outlined in the regulations. This does not apply to swimming pool barriers as they always require a building permit.
The height restrictions and construction materials used for fencing are set out within Part 5 of the Building Regulations 2018 implemented throughout Victoria. These rules provide streetscape consistency, public safety/amenity and allow common fencing practices to be built without a building permit.
Front Fences
When constructed within 3m from the front street alignment, you do not need a building permit if the fence is:
- 1.5m or less in height and constructed from timber, steel or similar lightweight material.
- 1.2m or less in height and constructed of masonry, concrete, or similar material.
- 1m or less in height above the footpath when within 9m of a point of intersection of street alignments.
Boundary Fences
A side or rear boundary fence setback 3m or more from the front boundary must:
- Not exceed 2m in height. (A building permit is required for a fence higher than 2m).
- Not contain barbed wire.
- Have neighbours consent prior to any new work or alterations.
Fences built on retaining walls
A fence at any point, means the vertical distance between the natural ground level at the base of the fence and the top of the fence:
When do you require a building permit?
If your proposed fencing project does not meet these exemption criteria a building permit is required and a subsequent report and consent from council. Please contact council’s building department if you have any uncertainty determining if your project requires a permit.
Establishing the property boundary
The lawful location of the property boundary should be established before the construction process begins. This can be determined by engaging a registered land surveyor. It should not be assumed that the existing fence has been erected along the property boundary.
Other fencing requirements
- A planning permit is sometimes required for fencing – such as if the land is affected by heritage, or flooding, or based on the lot size. Please contact Council’s planning department to check planning permit requirements for fencing, either by email to planning@ngshire.vic.gov.au or by using our online portal https://ngshire.greenlightopm.com/.
- Sometimes a title restriction such as a restrictive covenant, Section 173 Agreement or easement may also regulate what type of fencing is permissible. Please check your Title Certificate for details of any restrictions.
- Developer’s design guidelines for new subdivisions - please check Contract of Sale and Section 32 documents for details.
- Location of underground services – Before You Dig Australia https://www.byda.com.au/
Unless a Planning or Building Permit is required, council does not oversee fencing matters. More information regarding fencing law can be found at https://www.disputes.vic.gov.au/information-and-advice/fencing
Definitions
- "fence" includes - (a) a screen; or (b) a structure similar to a fence.
- "setback", from a boundary or building, means a horizontal distance from that boundary or building.
- "street alignment" means the line between a street and an allotment.
Any roofed area greater than 10m2 will require a building permit. For example a 3m x 3m garden shed is 9m2 and does not require a building permit.
A pergola is a structure that is considered open-roofed to the rain and air. Slats or shade cloth are acceptable. If connected no further forward than 2.5 metres at the front of a house, or no further forward than the front wall of a house if free standing, a pergola that is less than 3.6 metres in height and not more than 20m2 in area will not require a building permit.
You can be an owner builder for building works to your principal place of residence or to a new dwelling you intend to live in. Building works with a cost greater than $16,000 will require a certificate from the Victorian Building Authority (VBA). Please see the following link for more information VBA Owner Builder
Even as an owner builder you must include a reasonable labour cost in your project. Where there is not a contract price provided for building works, you will be asked for a full cost breakdown to provide evidence of your cost of works and you must include a GST component to you estimate.
It is not the responsibility of Council or the Building Surveyor to provide your estimate of costs. The building surveyor is however, responsible for ensuring the cost of works is correct.
Please see the following link for more information VBA Cost of building work
Council is not required to provide contact details of the adjoining owner. You may be required to contact the adjoining owner of a property for the serving of documents relating to fencing or for comment on a building report and consent form to permit a variation to a building regulation. You have the option of approaching the occupant for the building. If the building is being rented, you can approach the real estate agent to forward your paperwork. There is also the option of undertaking a title search and sending the documents to the address listed on the title. If the property is an accommodation rental you could search the address online and obtain a contact from there.
There are parts of the building regulations that can be varied to allow certain concessions. For example, front set back or building height on, or near, the boundary. This requires an application to Council and comment from the adjoining owners. Approval for a report and consent requires no objection from the adjoining owners and it must meet the Minister's guidelines. There is an appeal process available though the Building Appeals Board for unsuccessful applications. Please see the following link to the BAB, Building Appeals Board
A shed is not a habitable use building for which an occupancy permit can be issued. A shed is the minimum standard for a building. A dwelling/house is required to be constructed to a far higher standard, with an occupancy permit issued on its completion. It is illegal to occupy a building without an occupancy permit. The structure of a shed is designed to carry only the weight of itself and to resist wind action. It cannot safely support other loads such as walls and ceilings.
A building permit is not required to replace or repair an existing roof or gutter system with like-for-like products. This also applies to the recladding of homes. Please note that if your home is in a bushfire prone area you should consider retrofitting to the appropriate bushfire attack level to protect your home and your family.
Providing all the relevant information is included in your application, most building permits are processed in three to four weeks.
If a building permit has been issued, there should be a sign on the front fence of the property where the works are taking place. This sign should include the building surveyor and the builder's contact details, along with the building permit number. If there is no sign at the property, you can contact Council on 5358 8700 and we can check our system. Works without a building permit will be subject to enforcement action.