Hoardings Permits and Processes
It is a community expectation that the street environment and public and private property will be kept safe from hazards and unreasonable nuisance during building activity.
Under 604 of the Building Regulations 2006 councils are empowered to consider and decide certain matters to do with the erection of barriers or hoardings designed to protect the public, and/or for security of a building site. A building surveyor is also under statutory duty to not permit the commencement of building work before precautionary measures are approved and, where necessary, consented to by council.
Council will give balanced consideration of safety and amenity around the construction of hoardings. Some building works will cause inconvenience because of temporary street and footpath closure, so in applications the impact on the street should be demonstrated as necessary, unavoidable and reasoned. Council considerations will generally be made with a view to discourage street closure where possible. Affected parties should be notified of changes in street conditions where deemed necessary.
Applying for the erection of hoardings over a street alignment
Fill in the application to erect hoardings etc over a street alignment form (PDF - 788KB) and return to Council to a customer service centre or by fax or post.
To understand the application process better download the erection of hoardings over street alignment - process flow chart (PDF - 39KB)
Responsibilities of the building surveyor
Under sub-reg 604 (1) of the Building Regulations the building surveyor is responsible to determine when precautions are necessary. These must be via a document setting out any such requirement (ref r319). Councils can make a local law that requires when precautions must be taken, but the City of Greater Dandenong determined that making such a local law would be a duplication of responsibility.
Temporary precautionary structures are exempted from needing to comply with the Building Regulations [Schedule 8] but must nevertheless be approved by the building surveyor before building work commences. Building surveyors are therefore responsible to determine suitability of precautions by standards outside of the Building Regulations.
Precautions with respect to demolition work must be inspected as well as approved.
Under 305 of the Building Regulations the building surveyor has a duty to seek details of any required precautionary measures as further information to a building permit application. As the need for precautions may arise before or during building work, the building surveyor must consider all phases of construction in consideration of a building permit application. Details should not be referred to Council for consent under Schedule 2 of the Building Act unless first assessed and approved by the building surveyor.
Because determination of a requirement and approval of precautions is in the hands of the RBS an applicant cannot seek consent of Council without prior RBS involvement. In most cases it should be the RBS that refers the design for consent under Schedule 2 of the Building Act.
The building surveyor is under responsibility for building control functions within his or her jurisdiction. Precautions are enforceable by the RBS both as “building work” and as a factor affecting safety - and may be enforced by such means as a direction under s37, a stop work order under s112 or a court order via the BC or council with (or without) prosecution of an offence under s 253 of the Building Act.
The relevant building surveyor must not issue a building permit where precautions are to project the street alignment unless consent of Council has been first obtained and prescribed approval has been given [s24(1)(b) & (c)].