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
- 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 need an asset protection permit if your works require a building permit. You will also need an asset protection permit if your works are valued over $5000. Your permit will be valid for 1 year.
For 2022–23, the fees for a asset protection permits are:
Code 1: Reblocking or underpinning: permit fee $185.40
Code 2: Building works valued between $5000 and $20,000: permit fee $185.40
Code 3: Demolition (does not include any building works): permit fee $185.40
Code 4: Building works over $20,000 other than those types listed below: permit fee $370.80
Code 5: Single dwelling construction: permit fee $370.80
Code 6: Unit development up to 4 units: permit fee $927.00
Code 7: Unit development more than 4 units and up to 8 units: permit fee $1,112.40
Code 8: Unit development more than 8 units: permit fee $2,462.75
Code 9: Multi-storey development more than 2 storeys and up to 5 storeys: permit fee $2,463.75
Code 10: Multi-storey development more than 5 storeys: permit fee $3,709.05
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 $119.50
- Vehicle Crossing Permit $346.80
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 fine
Asset protection fines are issued:
- for a breach of an asset protection permit requirement, or
- where an asset protection permit was required but not obtained.
- Pay an asset protection fine online by Visa or MasterCard.
- 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 fine with a Visa or MasterCard over the phone 24 hours using Council's secure automated system.
- Phone 9240 1111 and press 1 to make a payment. Then press 1 to pay 'fines and infringements' and follow the voice prompts.
- You will need to provide the 'infringement number' located on your notice and your Visa or MasterCard number details.
- 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, Merri-bek 3058, before the due date.
- Make the cheque or money order payable to ‘Moreland 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.
- Bring your notice to a Council Customer Service Centre before the due date.
- 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 fine
The Infringements Act 2006 allows one application for internal review.
To assist you in requesting a review of your asset protection 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
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 Merri-bek 3058
Request a review of an asset protection 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, Merri-bek 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.
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 house, 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 2022–23, the fees for a vehicle crossing permit are:
- $346.80 permit fee. This fee includes an initial consultation, 1 pre-pour inspection and a final inspection which is invoiced and needs to be paid before a site inspection is scheduled
- $119.50 fee if an additional inspection is required.
To apply for a vehicle crossing permit:
- Phone our Operations Centre on 9240 1111.
- We will give you an invoice for the permit application after you pay the fee. You can arrange a day for Council to meet you to conduct an onsite preliminary inspection.
- The officer who inspects your site will assess your application and will give you any information you need on your proposed crossing.
- We will let you know if we have approved your permit.
When we give you approval for a crossing, you can excavate to prepare for the construction of the vehicle crossing.
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 Operations Centre on 9240 1111 to arrange a pre-pour inspection at least 48 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
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:
- 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.
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:
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.
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.
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||
|Council road - speed limit 60km/h or more||
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 2022–23 fee for a Drainage Connection permit from Council is $354.
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.
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:
- Submit the form by emailing it to firstname.lastname@example.org, or
- post your form to Merri-bek City Council, Locked Bag 10, Merri-bek 3058, or
- bring your form to one of our customer service centres.
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:
- Pay the invoice online by Visa or MasterCard, or
- Pay the fee in person at a Council Customer Service Centre.
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
Building over an easement
What is an easement?
An easement is a section of land registered on your property title that gives another entity, often Council or another service authority, rights to use and access the land even though they are not the owner.
Easements may be registered for the purpose of providing stormwater drainage, sewerage drains, gas mains, or for power lines in or over a section of land.
The relevant service authority managing those services has authority by way of the easement to use the land or access the land for the delivery or maintenance of those services, for example, to install or fix pipe works.
Your Certificate of Title and Plan of Subdivision indicate whether there is an easement affecting your property and what the easement is designated for.
The report and consent of a service authority must be obtained when applying for a building permit to construct a building over an easement vested in that service authority.
In many cases, more than one service authority will have authority over the same easement, for example, in the case of an easement designated for drainage and sewerage.
Council is the relevant service authority for easements defined for drainage and any other easement where Council is specified on title as the relevant authority with rights over the easement.
See building fees for the consent to build over an easement vested in Council application fee.
If the easement is not vested in Council but in another service authority, you must obtain the Report and Consent to build over the easement from that service authority.
Fees paid for the report and consent of council to build over easements not vested in council will not be refunded.
What you need:
- A copy of the Certificate of Title and Plan of Subdivision
- A copy of the site plan, floor plan, elevations and sections as relevant (indicating the location and depth of any proposed footings), and
- The location of the easement and the extent of works over the easement must be clearly demonstarted.
Apply for consent to build over an easement through Council Online Services.
- As part of the online application process, the fee is paid online by Visa or MasterCard.
You can register as a user and sign in to Council Online Services before you apply. As a registered user, you don't need to re-enter your personal information and can keep track of requests and applications on any device.
Apply by post or in person
- Download and complete the Report and Consent Application form (PDF 327Kb), and select Regulation 130, Building over an easement.
- Atttach any relevant information, such as the description of the proposal and site plan copies, to your application with the consent to build over an easement fee.
- Post the application and fee to Building Services, Merri-bek City Council, Locked Bag 10, Merri-bek 3058, or deliver in person to the Merri-bek Civic Centre, 90 Bell Street, Coburg.
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:
- For temporary changes (i.e. you would like bus stop moved away from the site during construction and the bus stop returned to its original position when construction is complete) email email@example.com
- For a permanent changes (i.e. you would like the bus stop permanently relocated) email firstname.lastname@example.org.
If you need 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.
See heavy or long vehicle parking for further information on parking your heavy vehicle.