When is Section 29A consent required?
Under Section 29A of the Building Act 1993, if an application is made to the relevant building surveyor for a building permit for the demolition of a building on land within the municipality, then report and consent of City of Melbourne must be obtained if:
- the demolition and all other demolitions completed or permitted in respect of the building within the period of 3 years immediately preceding the date of the application would together amount to the demolition of more than one half of the volume of the building as it existed at the date of the first building permit to be issued within that period for the demolition of any part of the building; or
- the demolition is of any part of the facade of a building.
In some circumstances a planning permit is also required before demolition commences.
Consent process
When a Section 29A request is received by City of Melbourne it is sent to the Planning Team to determine whether a planning permit is required for the demolition, and if so, if a planning permit has been issued. If a planning permit has been issued for the demolition or no planning permit is required to demolish, City of Melbourne will issue consent.
A Section 29A consent request will be refused if a planning permit is required for demolition and no planning permit has been issued for the proposed demolition, or if the demolition proposed under the request differs from that extent of demolition approved in the planning permit.
The City of Melbourne can't issue Section 29A consents:
- where the City of Melbourne is not the Responsible Authority for the land (i.e. where the Minister for Planning is the Responsible Authority)
- for permits issued under the Heritage Act 1995.
Forms and fees
For the Section 29A fee amount, please refer to the planning schedule of fees.
