TIA
Relaxation of boundary clearance QLD
Page 1 of 1
Just wondered whether anyone on here has applied for a boundary clearance relaxation from Brisbane city council? We are trying to site a house on an awkward shaped block and the requirements are that the house has to be 6M from the front boundary. In order to fit the house we like on the block we need this relaxed to 4M. How likely are we to get this relaxation? I have tried to speak to someone from the council and they never call back
TIA
TIA
Hi Rosehip
We went through the same thing but in Melbourne. We had to apply for a dispensation, but the Council wouldn't tell us prior if it was likely to be given approval or not. They don't give any ruling until they actually receive the application. Basically we had to go through the process of applying for a permit and including the dispensation. They look at things such as the setback of the neighbouring properties, streetscape, overshadowing, etc. They also allow the neighbours on either side the opportunity to dispute it if they wish (but only the setback, nothing else to do with the building because of it being a single residential dwelling not requiring a planning permit). Our Council allows 5 weeks for this process, they give the neighbours 14 days to reply.
We have ResCode in Victoria which details building regulations. We had to find the regulation for setbacks and look at the reasons you could use to apply for a dispensation. You may need to look at the ones for Queensland to determine if you can apply for a dispensation or how you relate this to the regs.
The Brisbane Council has information about it in their website (they call it relaxation of boundary clearances). It seems to be a similar process to the one we went through. They have 3 forms to be completed, one which is titled "Neighbours Statement", so it seems to be a very similar process to what we went through. You might have already found the info but if not let me save you some time, here's what to click on in the Brisbane Council's Website:
Residents
Laws and Regulations
Building and Development
Building Approvals
Siting Variation (relaxation) application forms
You will probably find the same thing as us, you need to undertake the process of applying for the setback to see if they will give it to you.
Good luck.
We went through the same thing but in Melbourne. We had to apply for a dispensation, but the Council wouldn't tell us prior if it was likely to be given approval or not. They don't give any ruling until they actually receive the application. Basically we had to go through the process of applying for a permit and including the dispensation. They look at things such as the setback of the neighbouring properties, streetscape, overshadowing, etc. They also allow the neighbours on either side the opportunity to dispute it if they wish (but only the setback, nothing else to do with the building because of it being a single residential dwelling not requiring a planning permit). Our Council allows 5 weeks for this process, they give the neighbours 14 days to reply.
We have ResCode in Victoria which details building regulations. We had to find the regulation for setbacks and look at the reasons you could use to apply for a dispensation. You may need to look at the ones for Queensland to determine if you can apply for a dispensation or how you relate this to the regs.
The Brisbane Council has information about it in their website (they call it relaxation of boundary clearances). It seems to be a similar process to the one we went through. They have 3 forms to be completed, one which is titled "Neighbours Statement", so it seems to be a very similar process to what we went through. You might have already found the info but if not let me save you some time, here's what to click on in the Brisbane Council's Website:
Residents
Laws and Regulations
Building and Development
Building Approvals
Siting Variation (relaxation) application forms
You will probably find the same thing as us, you need to undertake the process of applying for the setback to see if they will give it to you.
Good luck.
Yep, same for us in Melbourne. We had side setback issues (caused by problems with our title...). Spoke with our Council, but until they get a formal application, nothing can be done, as they won't (can't) give an indication until after they have assessed it and taken into account any issues from the neighbours.
Its a slow process, but its good to have it, as we were successful in using it to stop an inappropriate development a few years back.
Its a slow process, but its good to have it, as we were successful in using it to stop an inappropriate development a few years back.
Thanks for the info photogirl and mr T, I really appreciate you taking the time to do so.
I had found the info on the Brisbane council website, but thanks for posting the links. Luckily there is only a neighbour on one side and they will be building too so I hope they wouldn't have have problems with our house being sited. In fact their block is smaller so they will probably need a setback relaxation too.
Do you think it is possible to have 'subject to planning consents' into the land contract (i.e. we could pull out of purchasing the land if the council didn't approve the plans)?
I had found the info on the Brisbane council website, but thanks for posting the links. Luckily there is only a neighbour on one side and they will be building too so I hope they wouldn't have have problems with our house being sited. In fact their block is smaller so they will probably need a setback relaxation too.
Do you think it is possible to have 'subject to planning consents' into the land contract (i.e. we could pull out of purchasing the land if the council didn't approve the plans)?
Is your block of land less than 450m2 in area or does it have an average width less than 15 metres? If so then it triggers a development application.
If the block is larger than 450m2 and has an average width of at least 15 metres than a boundary relaxation is done by your building certifier at the time of building approval. You will need signed letters of consent from your adjoining neighbours stating that they have no objection to the proposed setback. Brisbane City Council then send your building certifier a letter stating that they have accepted the setback relaxation is it is deemed suitable.
If the block is larger than 450m2 and has an average width of at least 15 metres than a boundary relaxation is done by your building certifier at the time of building approval. You will need signed letters of consent from your adjoining neighbours stating that they have no objection to the proposed setback. Brisbane City Council then send your building certifier a letter stating that they have accepted the setback relaxation is it is deemed suitable.
The forms are on the BCC website for siting variations.
Speaking to a Certifier is the best thing to do in these cases - and IIRC worked out to only being around $200 extra for the siting variation if lodged by a certifier than having to worry about it yourself.
If you have a builder, or know a builder - ask them for recommendations.
Speaking to a Certifier is the best thing to do in these cases - and IIRC worked out to only being around $200 extra for the siting variation if lodged by a certifier than having to worry about it yourself.
If you have a builder, or know a builder - ask them for recommendations.
We have recently got our Brisbane City Councils approvals through - all approved!
Our estate stated we needed to be 1.5 metres from all boundaries, with a 6 metre setback.
We were approved to get a zero boundary for our garage (on one side), 1.5 on the other side, and 3.5 setback from front.
We did get forms signed by our neighbours - to say they had no objections - but this is just a formality to the process (ie helps get it thru quicker).
As long as you are not on a corner or blocking anyone's view, our builder said - it usually isn't a problem to change your configuration on your block.
Our builder arranged all of ours & even got the contact details of our neighbours for us (they are still building too).
Good luck. We did have a few sleepless nights worrying about this though - as I am sure you are. But it definitely was easy in the end for us.
Louise
Our estate stated we needed to be 1.5 metres from all boundaries, with a 6 metre setback.
We were approved to get a zero boundary for our garage (on one side), 1.5 on the other side, and 3.5 setback from front.
We did get forms signed by our neighbours - to say they had no objections - but this is just a formality to the process (ie helps get it thru quicker).
As long as you are not on a corner or blocking anyone's view, our builder said - it usually isn't a problem to change your configuration on your block.
Our builder arranged all of ours & even got the contact details of our neighbours for us (they are still building too).
Good luck. We did have a few sleepless nights worrying about this though - as I am sure you are. But it definitely was easy in the end for us.
Louise
HI Louise, Can you please elaborate a little bit more. I have to go through the same process in getting my front set back reduce from 6m to max I can, not sure if it is 4.5m to garage and 3m to the house? how much did it cost and how long it took?
what was the reason certifier used to get the relaxation?
what was the reason certifier used to get the relaxation?
Louise4499
We are about to face the same issue - can you please give examples of wording used and points to explain your argument to win
Would be very helpful
We are about to face the same issue - can you please give examples of wording used and points to explain your argument to win
Would be very helpful
We have recently got our Brisbane City Councils approvals through - all approved!
Our estate stated we needed to be 1.5 metres from all boundaries, with a 6 metre setback.
We were approved to get a zero boundary for our garage (on one side), 1.5 on the other side, and 3.5 setback from front.
We did get forms signed by our neighbours - to say they had no objections - but this is just a formality to the process (ie helps get it thru quicker).
As long as you are not on a corner or blocking anyone's view, our builder said - it usually isn't a problem to change your configuration on your block.
Our builder arranged all of ours & even got the contact details of our neighbours for us (they are still building too).
Good luck. We did have a few sleepless nights worrying about this though - as I am sure you are. But it definitely was easy in the end for us.
Louise
Our estate stated we needed to be 1.5 metres from all boundaries, with a 6 metre setback.
We were approved to get a zero boundary for our garage (on one side), 1.5 on the other side, and 3.5 setback from front.
We did get forms signed by our neighbours - to say they had no objections - but this is just a formality to the process (ie helps get it thru quicker).
As long as you are not on a corner or blocking anyone's view, our builder said - it usually isn't a problem to change your configuration on your block.
Our builder arranged all of ours & even got the contact details of our neighbours for us (they are still building too).
Good luck. We did have a few sleepless nights worrying about this though - as I am sure you are. But it definitely was easy in the end for us.
Louise
Louise4499
We are about to face the same issue - can you please give examples of wording used and points to explain your argument to win
Would be very helpful - Thank you
tlcasfre
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