Apply for consent to build on flood-prone land

If your property is in a flood prone area, this doesn’t mean that you won’t be able to build on it. However, you will need to submit an application to have your proposal assessed by a Building Services Officer.

Regulation 153 and 154 of the Building Regulations 2018 require Council Report and Consent to build on flood prone land if your property is identified as being liable to flood or within designated land or works.

Consent may be granted only where the building/structure does not unreasonably impede the natural drainage conditions of the land.

What is flood prone land?

Flood prone means that the land has a 1 percent probability of flooding in any given year, commonly referred to as a 1 in 100 year flood event.


What is designated land or designated works?

This refers to land that is located within 20 metres of a Melbourne Water utility asset or waterway.


Is my land flood prone or designated?

To find out if your land is flood prone or if there are any designated land or designated works (water utility assets) that restrict development, you can request a property information certificate from Council.



How to apply

In person

Step 1.Determine if your land is flood prone

You can obtain this information from Council by requesting a property information certificate.

Step 2.Get professional advice

There are circumstances where an application for Report and Consent may not be required. In this regard it is important that you discuss your application with the relevant building surveyor prior to making an application.  

Step 3.Prepare supporting documentation

Along with your application, you will need to attach to the online form:

  • A copy of Title (can be obtained from Landata)
  • Approved plan of subdivision and any covenants or restrictions (if applicable) (can be obtained from Landata along with the Title)
  • Site plan, elevation view and architectural drawings (refer to the Building Permit checklist for formatting specifications) - fully dimensioned and to scale, showing proposed floor levels to Australian Height Datum (AHD)

Step 4.Download the application form 

Apply for consent to build on flood prone land(PDF, 126KB)  


The application fee is $311.80 per regulation. This amount is correct as of 1 July 2022. 

Each regulation is assessed individually and the fee will be applied to each regulation being varied.

Payment is required upon submission. You can pay this fee by calling Council on 5471 1700 to make payment over the phone, or in person at the Civic Centre, 27 Lyttleton Street, Castlemaine. 




What happens next?

Pay the application fee and apply 

Payment is required upon submission. You may call Council on 5471 1700 to make payment over the phone. You may also pay the fee in person at the Civic Centre, 27 Lyttleton Street, Castlemaine. 

Submitting your application can be done by email or in-person. 

To submit your application by email, email it to or bring it into our Customer Service counter at the Civic Centre, 27 Lyttleton Street, Castlemaine. 

We will send a response within 15 business days. 

We may contact you for additional information 

If we need any additional details, we'll let you know within 15 business days. Your application will be put on hold until you provide us with the requested information.

Appealing a decision

If you disagree with Council's response to your application, you have 30 business days to lodge an appeal with the Building Appeals Board. The decision of the Building Appeals Board is final.