What is Section 29A of the Building Act 1993?
If you’re planning on building in the City of Melbourne then you should know that you would need consent to go ahead with the demolition. This consent is part of Section 29A of the Building Act of 1993.
With this Act, you can go ahead and demolish a part of the old structure or the facade and make way for a new building to come in its place.
As a builder, you should know that under Section 29A of the Building Act 1993, you should get the consent from the City of Melbourne before you get a permit for demolition is provided.
This means that you should apply for demolition to building surveyor before commencement of the plan in the City of Melbourne.
When is the Consent Required?
In Section 29A of the Building Act 1993, if there is an application that is made to the right building surveyor for a building permit then they should get consent and a report of the same.
This would be in regard to demolition of the building on land within the municipality. This is ensure that demolition only happens on approval of the city surveyor to ensure that residents around are not disturbed and are in the know.
Consent will be given if the following is met:
1.Time Bound: The demolition is done within a period of 3 years. This is immediately preceding the date of the application. This means that you should start with demolition once the application is provided within a period of 3 years.
2.Extent: The extent of demolition is based on more than half the volume of the building as it existed in the first building permit. This would also include the demolition of any part of the facade of the building.
You should also know that a planning permit is also needed in certain circumstances before the demolition commences.
Requisite Fees and Forms
The form can be downloaded here – Form A – Section 29 A as a word document or as a PDF
You should pay a sum of $85.20 that is applicable for all requests.
What is the Consent Process?
The Planning Team of the City of Melbourne receives the Section 29A request. They would determine if the planning permit is required for the demolition. If it is needed, then the planning permit is issued.
You should know that if the planning permit has been issued or no planning permit is required is based on the consent of the City of Melbourne.
Under Section 29A, a consent request will be refused if the planning permit is required for demolition. Similarly, there is no planning permit that has been issued for the proposed demolition. Or if they find that demolition proposed in the request differs from the amount of demolition approved in the planning permit.
Cannot Issue Section 29A of the Building Act, 1993
As builder, you will not get Section 29A consent if the City of Melbourne is not responsible for the authority of the land. This means that the land may not belong to the City of Melbourne and therefore they do not have the authority to give a consent.
Wherein the planning permit is issued by the Minister for Planning. In this case, the planning permit is given and therefore, you are not allowed to demolish any until further information is provided.
Also, the builder cannot demolish anything, if the permits are issued in case of the Heritage Act of 1995. This would be the case of permits that cannot be issued as heritage buildings are well protected by the Heritage Act of 1995.
