Building permit | Melbourne Water

Building surveyors must consult with Melbourne Water prior to issuing a building permit. This is to ensure that the proposed development design has considered the impacts of flooding and assets such as waterways or drains.

Melbourne Water may receive a referral from a Council’s Municipal Building Surveyor under Regulations 153 and 154 of the Building Regulations, 2018. Melbourne Water may also receives applications for ‘Report and Consent’ applications from private Building Surveyors where a private Building Surveyor has been engaged to issue a building permit. Melbourne Water may be consulted on these regulations individually or simultaneously depending on how the subject land is affected.

The differences between the regulations are explained below:

Regulation 153: Land Liable to Flooding

When it applies: This regulation is relevant for developments on land that may be prone to flooding
What happens: Before issuing a building permit, the Council must consult with the Floodplain Management Authority (Melbourne Water) regarding the specific site
Why it's important: Consulting ensures that the development considers flood risks and complies with safety standards.

Regulation 154: Designated Land or Works Near Waterways

When it applies: This pertains to developments on 'designated land or designated works,' meaning land adjacent to a waterway or within 20 meters of a waterway or related asset.
What happens: Before granting consent under the relevant regulations, the Council must consult with the Waterway Management Authority (Melbourne Water) for the designated land or work.
Why it's important: This consultation helps protect waterways and assets, ensuring that developments do not negatively impact environments and assets.

Application process

As set out in the Building Act 1993 (the Act) and the Building Regulations 2018 (the Regulations), a report and consent is the process for consulting with and obtaining the views of the Authority when building work may affect assets, infrastructure or amenity of the community.

Information we require:

Site address: To help us locate the site
Reference numbers: Any previous Melbourne Water reference numbers and planning permit reference numbers as relevant
Proposal/request description: A clear description of the proposal helps us understand the scope and specifics of the request
Site and location plan: Include site and location plans with finished floor levels and site levels to Australian Height Datum. These details are crucial for assessing flood risks and ensuring compliance with relevant regulations and guidelines

Other information that we may require:

Location and details of any Melbourne Water assets or waterways: including clearly labelled setbacks from proposed works. Understanding the proximity to any related assets or waterways is important to ensure that the proposed works do not encroach on sensitive areas. Please note that proof of prior approvals such as a build over consent may be required for your application to be processed when assets may be vicinity
Approved planning permit (if applicable): If you have a copy of any approved planning permit relevant to this application, please include a copy to help us verify that your proposal is consistent with any prior approvals or requirements

Applications received under these regulations must come from either Council via the Municipal Building Surveyor or a Private Building Surveyor. All applications are to be submitted online via our website and ensure they are prepared in conjunction with the relevant section of the Developer Minimum Application Requirements Guideline (478.38 KB, PDF).