Placement of structure

1. Overview

There are approved locations where structures can be built depending on the property, easements, building envelopes and relevant planning schemes. Private building certifiers can provide technical advice as to the best placement for your structure, considering all other legislative requirements. Accredited building certifiers must be registered with the Queensland Building and Construction Commission (QBCC).

2. Concurrence agency referrals

When considering the placement of structures on a property, standard boundary setbacks and the location of Council owned underground services (stormwater) or drainage easements need to be considered.

Private building certifiers are able to provide technical advice as to the best placement for a structure, taking into account all other legislative requirements.

Setbacks for structures / Amenity and aesthetics

When considering the placement of structures on a property, private building certifiers take into account the standard boundary setbacks as determined by the Queensland Development Code (QDC) and the MBRC Planning Scheme. In line with Council's Amenity and aesthetics policy(PDF, 58KB) they may also consider if there will be an adverse effect on the amenity or character of the locality in which the work is proposed to be carried out.

Private building certifiers will lodge the application on the customer's behalf.

Applications can be made directly to Council on the understanding the applicant provides a copy of the approval to the private building certifier.

Applying for a Design and siting approval requires customers to register for eServices prior to lodging the request.

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Alternatively, download and complete the Concurrence agency referral - Class 1a and 10 buildings and structures(PDF, 149KB) application form.

There are no requirements for an adjoining owner / neighbour to be advised of proposed development, however Council may in some instances request a statement from a neighbour. It is always beneficial to communicate with neighbours about any planned development requiring this type of approval.

Minor amendments to concurrence approvals

Customers wishing to make minor amendments to an existing application decision that is within the currency period noted on the approval by the private certifier (i.e. relocation of building or structure) must complete the Minor amendment to concurrence agency in relation to Class 1a and 10 building and structures application(PDF, 97KB) and pay the relevant fee.

Building over or adjacent to a stormwater or within council easement

Private certifiers will obtain the relevant plans to determine the exact location of the easement/stormwater service. Where building work is proposed to be constructed near Council’s stormwater mains or drainage easements, an approval may be required.

Council does not generally approve the erection of buildings over or in drainage easements.

A private certifier will lodge the Building over or adjacent to a stormwater main or within a council easement application(PDF, 228KB) on the customer’s behalf.

A deed of indemnity(PDF, 98KB) is also required to be completed by the property owner/s as part of the application.

3. Building envelopes

A building envelope/designated building area is created as part of a subdivision. It designates areas on a property in which building work must be contained, or in which restrictions apply. If building within a property's building envelope/designated building area, no building relaxation is required. However, town planning approval is required to build outside a building envelope/designated building area.

Applications should be lodged through a private building certifier.

4. Easements

An easement is a legal agreement that one party has the right to use a portion of a property in possession of another person or a stated purpose.

Easements can be created for several reasons such as, property access, electricity, sewerage, telephone and drainage.

For a copy of a title plan (registered plan) and / easement documents, contact the Department of Natural Resources, Mines and Energy.

Council drainage easements

Drainage easements can be located within the property boundary, and other times between adjoining properties in the form of pathways.

The infrastructure can include a below ground pipe system and grated inlets and is designed to accept allotment and roof stormwater. Property owners who are unable to outlet their roof water to the kerb and channel, may be able to direct roof stormwater into an existing stormwater drain within an easement.

Generally building within a Council easement is not permitted. Filling or excavating within an easement is not permitted.

Under exceptional circumstances, Council may allow a structure to be sited within an easement, provided that written consent from the easement owner is submitted along with the development application.

Applications should be lodged through a private building certifier.

Drainage easements remain part of the private allotment and owners should conduct routine maintenance of the easement along with the rest of the property.

Council will only carry out work if maintenance is required for the adequate functioning of the drain.

5. Covenants

Covenants are created, set and enforced by the original developer and can apply to a group of homes or lots, such as an estate.