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Other construction permits

Asset protection

If you are doing construction work on your property, it is important that you make sure that Council assets are not damaged. Our assets include:

  • roads and footpaths
  • drainage
  • kerbs and nature strips
  • Trees and vegetation

If any of our assets are damaged during your construction, you will responsible for the costs of replacement and repair. You will be responsible even if the damage is caused by your builder, contractor or sub-contractor.

  • You will be required to obtain an Asset Protection Permit:

    (a) When building works are valued at more than $5,000.00.  Seperate permits are also required for demolition, underpinning, re-blocking and removal of buildings and structures (regardless of value).

    Asset Protection permits are valid for 1 year and can be renewed annually as required.   Please call 03 9240 111 for renewals.

  • For 2023–24, the fees for a asset protection permits are:

    Code 1: Reblocking or underpinning: permit fee $191.00

    Code 2: Building works valued between $5000 and $20,000: permit fee $191.00

    Code 3: Demolition (does not include any building works): permit fee $191.00

    Code 4: Building works over $20,000 other than those types listed below: permit fee $382.00

    Code 5: Single dwelling construction: permit fee $382.00 (does not include any demolition works)

    Code 6: Unit development up to 4 units: permit fee $955.00 (does not include any demolition works)

    Code 7: Unit development more than 4 units and up to 8 units: permit fee $1,145.00 (does not include any demolition works)

    Code 8: Unit development more than 8 units: permit fee $2,535.00 (does not include any demolition works)

    Code 9: Multi-storey development more than 2 storeys and up to 5 storeys: permit fee $2,540.00 (does not include any demolition works)

    Code 10: Multi-storey development more than 5 storeys: permit fee $3820.00 (does not include any demolition works)

    Please note: Separate asset protection permits are needed for both demolition and construction works. You cannot use the same permit for more than one of the items on the table above.

    Extra fees include

    • Additional Asset Protection Site Inspection Fee $123.00
    • Vehicle Crossing Permit $357.00
  • You can apply for your asset protection permit online.

    We will process your application within 5 days, and then we will issue your permit. Construction work can only begin once you have received your permit.

    Apply for an asset protection permit

  • Throughout your construction work, we may come and inspect the site to make sure our assets are undamaged. You should contact us when you are finished your project so that we can come for a final inspection.

    If we find that our assets have been damaged, we will advise you of the next steps in writing.

    If a dilapidation report or photos of the condition of the existing assets have not been given to us before construction, we will assume that all assets were in good condition and any damage is due to construction.

  • If you do not organise an asset protection permit, this is a breach of Merri-bek City Council General Local Law 2018 (DOC 622Kb). Further, if you do not get a permit and are issued with a fine, we will assume all of our assets were in good condition before construction.

    If you do get an asset protection fine, you may pay the asset protection fine online.

Pay an asset protection and engineering transport fine

Asset protection and engineering fines are issued:

  • for a breach of an asset protection permit requirement
  • where an asset protection permit was required but not obtained
  • excavating outside a property boundary without Council approval
  • failing to notify Council that permitted works have been completed

    1. Pay an asset protection or engineering transport fine online by Visa or MasterCard.
    2. You need the 'infringement number' located on your notice.

    You can register as a user and sign in to Council Online Services to access My Accounts. As a registered user, you can keep track of requests and applications on any device and don't need to re-enter your personal information.

  • Pay an asset protection or engineering transport fine with a Visa or MasterCard over the phone 24 hours using Council's secure automated system.

    1. Phone 9240 1111 and press 1 to make a payment. Then press 1 to pay 'fines and infringements' and follow the voice prompts.
    2. You will need to provide the 'infringement number' located on your notice and your Visa or MasterCard number details.
    1. Separate the payment slip at the bottom of the notice and mail it with your cheque or money order to Merri-bek City Council, Locked Bag 10, Coburg 3058, before the due date.
    2. Make the cheque or money order payable to ‘Merri-bek City Council’ and cross it 'Not negotiable'. Do not include cash in the mail.

    Council does not provide a receipt for payments received by mail. Keep the top section of the notice for your records.

    1. Bring your notice to a Council Customer Service Centre before the due date.
    2. You can pay by Visa or MasterCard, EFTPOS, cheque, money order and cash. The minimum payment for all card transactions is $10 and there is no cash out facility.


Request a review of an asset protection or engineering transport fine

The Infringements Act 2006 allows one application for internal review.

To assist you in requesting a review of your asset protection or engineering transport fine, it is important to read the following information and to make sure you lodge the review within 28 days of receiving the fine.

  • In line with the Infringements Act 2006, one review of an infringement notice may be requested if you believe that:

    • The infringement notice was issued contrary to law (you believe you did not commit an offence).
    • Exceptional circumstances (verifiable and unforeseen circumstances outside of your control) could excuse the conduct for which the infringement notice was issued. Verifiable independent documentation is required for Council to consider the withdrawal of an infringement notice on the grounds of exceptional circumstances.
    • The infringement notice was issued to the incorrect person or vehicle. For example, you were not in the location; or you were not the driver of the vehicle at the time the infringement was issued; or you were not in the location at the time the infringement was issued.
    • You have special circumstances. In relation to infringements, special circumstances are considered to be circumstances which result in a person being unable to either understand or control the conduct that led to the offence:
    • a mental or intellectual disability, disorder, disease or illness
    • a serious addiction to drugs, or alcohol or a volatile substance, or
    • homelessness.

    More information about special and exceptional circumstances is available on the Victorian Government Fines Victoria website.

  • When undertaking a review Council takes into account all of the available information, including:

    • information collected by the issuing officer
    • circumstances outlined in your request for internal review
    • supporting documentation provided with your request, and
    • requirements under the relevant legislation.

  • In accordance with the Infringements Act 2006, Council has up to 90 days to respond to an appeal.

    When the appeal is received, the infringement is placed on hold. You are not required to do anything during the review period.

    Council will advise you of the outcome of your request.

    Should the infringement be upheld, you will be advised of a new payment date.

    If you do not pay an infringement notice or take any other action (for example, request a payment extension or elect to go to court) by the new due date, the infringement continues through the infringement process and you incur additional costs.

  • You may elect to have the matter dealt with in the Magistrates Court. You need to notify Council in writing Merri-bek City Council, Locked Bag 10 Coburg 3058

  • Online

    Request a review of an asset protection  or engineering transport fine. Supporting documentation may be attached.

    In person or mail

    You can request a review of your infringement notice by completing the Application for Internal Review form (DOC 64Kb).

    You MUST include the following information:

    • your name and postal address
    • the infringement notice number
    • an explanation of why you believe the infringement notice should be reviewed, and
    • any supporting documentation.

    Send your request by post to Merri-bek City Council, Locked Bag 10, Coburg 3058, or deliver in person to a Customer Service Centre.

    The Mayor and Councillors are unable to have any involvement in Council's administrative functions and are therefore unable to influence or respond to infringement notices or appeals.

Construction Management Plan (CMP)

A Construction Management Plan (CMP) is an agreement between the developer/ builder carrying out new building works and Council.  The Plan outlines how to minimise the impact of the works on the public.  The Plan provides an opportunity to identify foreseeable impacts of the building works beyond the property alignment.

Does my project require a Construction Management Plan?

The following projects require a Construction Management Plan (CMP):

  • One or more new dwellings or apartments; or
  • A new mixed-use development; or
  • Other new building (for example: warehouse, shop, office, child-care centre, etc).

A Construction Management Plan is not required for a minor ancillary building (eg a shed or garage) or extensions that do not create new dwellings/apartments.

Why do I need a Construction Management Plan?

The construction work will impact nearby residents and/or local businesses.  The works will also impact pedestrian and vehicle traffic.  The purpose of the Construction Management Plan is to minimise that impact.  The CMP must be prepared and approved prior to the commencement of works.

Who is required to submit a Construction Management Plan?

You as the builder, principal contractor or works manager leading the project will be required to submit a Construction Management Plan.

What happens once I submit a CMP?

  • Once received, the Construction Management Plan will be assessed under Council’s General Local Law 2018, Road Safety Act 1986 and Road Management Act 2004.
  • You will be advised when the review is complete and approved, or if further amendments are required.
  • Once your Construction Management Plan is approved by Council, it cannot be changed or modified without written approval from Council.
  • A person involved in the carrying out of building works must comply with an approved Construction Management Plan.

Council's Template

Council has developed a template that you can complete and submit as your Construction Management Plan.

Download the Construction Management Plan template

Your Construction Management Plan is to be lodged with either of the following documents:

  • (A) An extract of the executed building contract for the construction of the building,

or

  • (B) A statutory declaration from the owner of the land stating that a building contract has been executed for the construction of the proposed building.  The statutory declaration must nominate the name of the builder.

How do I submit a Construction Management Plan?

Please submit your completed Construction Management Plan (together with document A or B), to workswithinroadreserves@merri-bek.vic.gov.au

Fees for the submission, assessment and monitoring of a Construction Management Plan

Construction Management Plan (CMP) - fee

Stories

Which CMP Template

Number of floors

plus

number of basements

Council’s

template

Other

template

1 or 2 levels

$646.00

$1,292.00

3 to 9 levels

$1,292.00

$2,584.00

Over 9 levels

$1,938.00

$3,876.00

 

Vehicle Crossing permits

A vehicle crossing is a driveway or accessway that goes from your property to the road. If you are building, removing, repairing or changing a vehicle crossing, you will need a permit.

You are responsible for the vehicle crossing that leads to your property, but because the footpath and road is Council property, we need to make sure your vehicle crossing is built in the correct way. One reason for this is to protect Council’s assets and the assets of service authorities that may lie under, near or within the crossing.

  • For 2023–24, the fees for a Vehicle Crossing permit are:

    • $123.00 Preliminary Consultation fee.  Fee for initial preliminary on-site consultation.
    • $234.00 Permit fee.  Permit fee includes: 1 pre-pour inspection and a final inspection.  Fee is invoiced once crossing is approved and needs to be paid before a pre pour inspection can be booked.

    Extra fees include:

    $123.00 additional inspection fee.  If an additional inspection is required.

    $431.00 Weekend inspection fee.  Inspections conducted Sat and Sun, where approved.

  •  

    Vehicle Crossing applications have now moved online

    You will now need to be a registered user to apply for a Vehicle Crossing preliminary consultation and permit.  It can take up to 2 business days for your account to become active.  If you are not regsitered your application will not be accepted. 

    Please use the following link to register now 

    Register here 

    To apply for a Vehicle Crossing permit:

    1. Submit your Vehicle Crossing application online and request a preliminary consultation by selecting date, please note that we require two business days notice for all bookings.  A confirmation email will be sent to you or if the requested date is not available a team member will contact you. 
    2. At the preliminary consultation the and Inspections Officer will assess your application and give you the information required to proceed with your application.
    3. Once we give approval for the Vehicle Crossing and the permit fee has been paid, the permit will be issued; then you can excavate to prepare for the pre pour inspection.  Construction work can only begin once a preliminary inspection has been approved and the permit issued.

    Follow this same process for Temporary Vehicle Crossings

    Apply for Vehicle Crossing Permit

    For more information on Councils Vehicle (Driveway) Policy

    View Vehicle Crossing technical notes

     

    Check with us whether you also need a temporary Road Occupation permit and a planning permit before you get a vehicle crossing permit.

  • You cannot pour concrete on your crossing before we have carried out a pre-pour onsite inspection.

    Phone our Customer Service on 9240 1111 to arrange a pre-pour inspection at least 48 business hours before the concrete pour.  

    If the inspector approves the excavation and preparation then the crossing can be constructed.

  • After the crossing has been constructed, we will carry out a final inspection of the works. If the pre-pour excavation and preparation did not meet our standards, we will let you know how you can meet them.


Temporary Road Occupation Permits

If you need to close off (without excavating) any part of a road reserve, car park or laneway owned by Council, you will need a Temporary Road Occupation Permit. 

You might need to close (without excavating) part of a road reserve, car park or laneway if:

  • you are completing works such as crane works, concrete pours and facade works
  • you are filming
  • you are hosting a community event

Learn more about a Temporary Road Occupation Permit 

Work Within Road Reserve Consent

You will need to apply for a Work Within Road Reserve consent if you are digging up, modifying or restoring a footpath, nature strip or roadway.  This includes any part of a road reserve, car park or laneway owned by Council. This could involve:

  • excavations
  • trenching
  • core sampling
  • connecting services such as water, gas, stormwater, underground power connections

If you are temporarily working in the road reserve, but not performing any form of excavation, you require a Temporary Road Occupation Permit.

If the road where you want to work is owned by VicRoads, you should read the VicRoads' Guide to Working in the Road Reserve.

If your project includes making changes to a bus stop, you should read the Department of Transport's Moving a bus stop as part of a construction project guide (PDF 49Kb)

  • To apply for Work Within Road Reserve consent, you will need:

    • a Traffic Management Plan
    • a copy of your public liability insurance to the value of at least $10 million
    • a copy of the letter to residents who will be affected by the closure (you can use our resident notification letter template (DOC 23Kb)
    • the date(s) and times the closure will occur
    • the Works Manager to make the application (must match the Public Liability Insurance certificate name) and provide the company ACN
    • to note the Duties of the Works Manager (DOC).

    You will need to be a registered user to apply for works within road reserve consent. It can take up to 2 business days for your account to become active. If you are not registered your application will not be accepted.

    Please use the following link to register now:

    User Registration

    Once you are a registered user, you will not need to re-enter your personal information in future applications. Registered users can keep track of applications and requests on any device.

    To apply for consent to work within a road owned by Council, you can apply online on our eServices page.

  • Our Transport Engineers will carry out random audits of any works happening on a Council road asset.

    You will be given an engineering transport infringemen if you

    • are conducting works in, on, under or over a road without written consent
    • fail to let us know that approved works within a road reserve, including reinstatement works, are complete.
  • For utility companies applying to work within Councils road reserve, you will need:

    • Scope of works or LAAN application
    • Traffic Guidance Scheme (optional)

    You will need to be a registered user to apply to work within Council’s road reserve. It can take up to 2 business days for your account to become active. If you are not registered your application will not be accepted.

    User registration

    Once you are a registered user, you will not need to enter your information for future applications to apply for Utility Working Within Road Reserver consent.

    Application

Work Within Road Reserve consent fee

There is a fee to get Work Within Road consent. The fee will depend on who owns the road, the speed limit of the road and if the works are minor or major. Please see the VicRoads Work Within Road Reserve fee structure for more information.

Please use the relevant code number in the table, e.g. 0, 1, 2 or 3, when you apply for a Work Within Road Reserve consent online.

Road classification Conducted on any pavement (footpath or road) Conducted only in nature-strip
Council road - speed limit 50kph or less

Code 0

Code 1

$373.70

$95.40

Council road - speed limit 60km/h or more

Code 2

Code 3

$685.30

$373.70


Apply for a Working Within Road Reserve consent 

Drainage Connection permits

Sometimes during building works you may need to connect to, or interfere with, our drainage system. If you do, you need to get a Drainage Connection permit.

This permit lets us know you are doing this work, and it means we can check the drainage system after you complete your works.

The Drainage Connection Permit is not the Legal Point of Discharge.

  • The 2023–24 fee for a Drainage Connection permit from Council is $365.50

  • You will need to register as a user to use Council Online Services. Once you are a registered user, you will not need to re-enter your personal information in future applications. Registered users can keep track of applications and requests on any device.

    Once you are a registered user, you can sign in to Council Online Services and apply for a Drainage Connection permit. The online application process requires entering details of the property and then paying the fee by Visa or MasterCard.

    Apply online for a Drainage Connection permit

    Once your application has been received, Council will inspect the site. Council will issue the permit within 3 working days.

    If your application is not successful, you will be advised in writing by Council.

  • Complete the Drainage Connection Request form (DOC 150Kb) and:

    Council will process the application within 5 working days of receiving it and send you an invoice. The invoice will have a reference number to pay the permit fee. You can:

    Once your application has been received, Council will inspect the site. Council will issue the permit within 3 working days of the invoice being paid.

    If your application is not successful, you will be advised in writing by Council

Moving a bus stop as part of a construction project

If you own land near a bus stop or shelter and would like changes made to the bus stop to support a project on your property, you will need to talk to Public Transport Victoria (PTV) part of the Victorian Government Department of Transport on 1800 800 007:

Information about heavy vehicle access in Merri-bek

If you want to drive a heavy vehicle on roads in Merri-bek, you will need to apply with the National Heavy Vehicle Regulator.

Find our more about heavy vehicle access to Merri-bek

See heavy or long vehicle parking for further information on parking your heavy vehicle.

When do you need an Occupation and Hoarding permit

You must apply for an Occupation and Hoarding permit from Council to occupy Council land. This includes roads, footpaths and nature strips.

This permit is required to ensure public safety and the proper placement and storage of material and equipment in public spaces, including building materials.

A recommended 1.5 metres of footpath width must be kept clear for pedestrians and the area occupied must be securely barricaded for public safety. The width may be reduced to 1 metre depending on the circumstances.

No occupation of Council land is permitted without an Occupation and Hoarding permit.

Please note: you may also require Council consent under Building Regulation 116.

Where occupation of the road reserve is connected with a building permit

If the occupation of a road reserve is connected with a building permit, you may need to apply for Council consent under the Building Regulations 116 (Protection of the public). Speak with your Building Surveyor who can advise if this is required.

The road reserve includes the footpath and nature strip.

Consent details the method for protecting the public during building work. This protection may include hoarding off an area with safety fencing, walk-through scaffolds, and overhead gantries.

Do not apply for an Occupation and Hoarding permit until consent under Building Regulation 116 has been approved and you have received copies of the endorsed plans. This is because you need to lodge a copy of these endorsed plans with the Occupation and Hoarding permit application.

Where occupation of the road reserve is not connected with a building permit

If the occupation of the road reserve is not connected with a building permit, then only an Occupation and Hoarding permit is required.

Where no Council consent is required under the building regulations, the method of providing public protection is processed under Council's General Local Law.

Fees

An Occupation and Hoarding permit application incurs a fee. These fees are reviewed yearly.

For 2023-2024, the fees are:

  • PSO/Hoardings $5.35 sqm/week plus $89.10. Reg 116 issued, or $322.50 Reg 116 not issued

The permit fee will depend on the scope of works, the duration of the works, and the area of Council land required.

An invoice will be sent to you after Council has assessed your application.

Please contact Council on 9240 1111 for more information about fees.

How to apply for an Occupation and Hoarding permit

What you need

Some information that may be required as part of your application for an Occupation and Hoarding permit includes:

  • Current public liability insurance associated with the proposed works
    • For $10 million in the case of building works 3 stories or less
    • For $20 million in the case of building works 4 stories or more.
  • A letter from the Relevant Building Surveyor stating that they are satisfied with the proposed precautions, and
  • Pedestrian and/or vehicle traffic management plan.

If consent under Building Regulation 116 is required:

  • a copy of the endorsed drawings or plans that you received when the Council approved your 116 application

If consent under Building Regulation 116 is not required, drawings or plans showing:

    • the actual conditions of the site and the proposed precautions, location of hoarding and elevation plan of hoarding, including structural details
    • how pedestrian access will be maintained
    • location of street furniture, such as street benches, signs, power poles (if any)
    • location of public transport stops, such as tram stop or bus stop
    • scope of work

How to apply

Complete an Occupation and Hoarding Permit application form (DOC 86Kb), once Council has given report and consent under Building Regulation 116 if required.

Submit the application to Council:

Information about the proposed works and proposed hoarding must be provided to the satisfaction of the Council's Roads Unit.

How to apply for an extension of time

You can apply to the Council for an extension of time to complete the works.

  1. Complete the Occupation and Hoarding Permit Extension of Time application form (DOC 61Kb)
  2. Submit your application to Council:

What happens after you apply

Once your application has been received, Council's Roads unit will review the application.

You will be advised if your application has been successful.

Open Space Temporary Occupation permit (OSTOP)

Occupation of Council open space is only permitted with an Open Space Temporary Occupation permit, or if occupation is less than 24 hours with prior notification to Council.

  • If you will be occupying Council open space for 24 hours or longer

    You must apply for an Open Space Temporary Occupation permit from Council. 

    This permit is required to ensure public safety and the proper placement and storage of material and equipment in these spaces, including building materials.

    Works must also not impact on the health of neighbouring trees (described in the Australian Standard AS4970 – Protection of trees on development sites), garden beds, grassed areas and Council open space.

    At least 1.2 metres of footpath width must be kept clear for pedestrians and the area occupied must be securely barricaded for public safety. This width may be reduced to 1 metre depending on the circumstances.

  • If you will be occupying Council open space for less than 24 hours. 

    You need to notify Council on 9240 1111 or email Council Open Space at least 3 business days in advance.

    Permit fees may still apply depending on the circumstances and nature of the request.

  • An Open Space Temporary Occupation permit application incurs a fee of $6.60 per square metre per week (2023/2024). This fee is reviewed each financial year.

    The permit fee depends on the scope of works, the duration of the works and the area of Council land required.

    Please contact Council on 9240 1111 for more information about fees.

  • Some information that may be required as part of your application for an Open Space Temporary Occupation permit include:

    • Public liability insurance for at least $10 million
    • Arborist inspection report according to AS4970 (where trees are affected)
    • Drawings or plans showing:
      • the actual conditions of the site and the proposed protection measures to prevent damage to open space
      • how pedestrian access will be maintained
      • location of street furniture, such as street benches, signs and power poles (if any)
      • location of public transport stops, such as tram stop or bus stop, and
      • scope of the work.

    Information about the proposed works must be provided to the satisfaction of Council.

  • Please provide 5 business days notice, if you require an Open Space Temporary Occupation permit. 

    If you advise Council on an Asset Protection Permit form that you need to occupy a park or reserve next to the building site, Council will inspect the site and determine the cost of occupying the park or reserve. Council then issues you an invoice for the permit fee and a permit once payment is received.

    You may also request an application form by contacting the Council Operations Centre by emailing Council Operations Centre or phone 9240 1111.

    Pay the permit fee online by Visa or MasterCard or pay the fee in person at a Council Customer Service Centre.

  • Once your application has been received, Council's Open Space Maintenance unit will review the application. You will be advised if your application has been successful.

    An invoice will be generated for payment. Upon receipt of payment, an Open Space Temporary Occupation permit will be issued.

    You may not occupy Council open space until Council issues you a permit.

    This permit must be produced onsite, for verification by Council Officers. 

    When you have completed your works, contact Council to arrange a final inspection of Council assets.

    If damage has occurred to Council assets and it is deemed the damage is associated with your building activity, the extent of damage is detailed and you are notified in writing.

    Council will ask that you either arrange for the repairs independently or agree to Council contractors carrying out the repairs. If you choose Council contractors to do the work, an invoice will be sent for the repair costs. This needs to be paid before Council issues a Letter of Clearance or starts repair works.