Section 29A consent is your local council's sign-off on a demolition, and a building surveyor can't issue a demolition permit without it when the job removes more than half the building or any street-facing facade.
That covers almost every whole-house demolition. The council has 15 business days to respond, and it can only refuse where a planning permit is needed but hasn't been obtained.
Here's what it is, when it applies and how the process runs.
What Section 29A consent is
Section 29A of Victoria's Building Act 1993 sets a rule for demolition permits: for certain demolitions, the building surveyor handling your application has to get a report and consent from the council before the permit can be issued. Councils often call it a "Section 29A" or "demolition consent" request.
Three things it is not:
- It isn't the demolition permit. The permit is issued by a building surveyor. The 29A consent is one input to it.
- It isn't a planning permit. Planning permits are a separate council approval (more on that below).
- It isn't only a heritage check. Heritage is a common reason a planning permit is needed, but the 29A requirement itself is triggered by how much of the building comes down and whether street-facing parts are affected.
When you need it
Consent is required if either of these tests is met:
- The volume test. The demolition, together with any other demolition completed or permitted in the previous three years, would remove more than half the volume of the building.
- The facade test. The demolition affects any part of a facade that faces a street and is at least partly visible from it. A facade includes an external wall, a veranda or balcony attached to it, a street-facing part of the roof, and a street-facing chimney.
| Job | 29A consent needed? | Why |
|---|---|---|
| Full house demolition | Yes | Removes more than half the volume and the street-facing walls |
| Removing a street-facing veranda or chimney | Yes | Both count as part of the facade |
| Demolishing in stages that add up to more than half within three years | Yes | Earlier demolition counts toward the volume test |
| Taking down a rear extension that isn't visible from the street | Usually no | Typically under half the building and no street-facing facade |
The last row is a general guide, not a ruling. A building surveyor decides whether your job triggers the requirement, and a building permit may still be needed even when 29A isn't.
How the process works, step by step
- The building permit application is lodged with a building surveyor for the demolition.
- The surveyor checks whether a planning permit is needed (they have to establish this before a permit can be issued) and whether the job triggers the 29A tests.
- The request goes to council. The surveyor normally refers the application, though an applicant can also apply to the council directly. Each council has its own form or online portal.
- Council has 15 business days to respond. That count excludes the day of lodgement, weekends and Victorian public holidays.
- Council consents or refuses and issues its report.
- The surveyor issues the demolition permit, and the job can be scheduled once the other pre-demolition steps (utility abolishment, asbestos notification and clearance) are done.
This sits inside the permit stage of the overall job. For how it fits with power and gas abolishment, asbestos notice periods and demolition day, see how long house demolition takes.
When a council can refuse
Councils have very little discretion on a 29A request. Under section 29B, a council must refuse consent only if:
- a planning permit is required for the demolition and hasn't been obtained, or
- a planning permit has been obtained but the proposed demolition isn't consistent with it.
If a planning permit has been obtained for the demolition, the council must not refuse consent.
What if council doesn't reply in time? If the 15 business days pass with no response, the council is generally taken to have consented. The exception is when a planning permit is required and hasn't been obtained: then the council is taken to have refused, and the permit can't proceed.
In practice, the usual snag is a heritage overlay. A heritage overlay in the planning scheme generally means a planning permit is required for demolition, and that permit has to be in place before the building permit can be issued. It's worth checking a property's overlays before you plan dates around a demolition.
29A consent vs planning permit vs building permit
These get mixed up constantly, and they come from different decision-makers:
| Approval | Who decides | What it covers | When needed |
|---|---|---|---|
| Planning permit | Council (planning) | Whether the demolition is allowed under the planning scheme, for example heritage | Only where an overlay or planning scheme requires it |
| Section 29A report and consent | Council (building/planning) | Council sign-off on demolition that meets the volume or facade tests | When either test is met |
| Building permit for demolition | Building surveyor | That the demolition is carried out in line with building regulations | Required for demolition; can't issue until the above are in place |
What this means in Melbourne's South East
The rules are set by state law, so they're the same whether the property is in Frankston, Kingston, Casey, Cardinia or on the Mornington Peninsula. What differs from council to council is the paperwork: each has its own form or online lodgement, and its own processing habits within the 15-business-day limit.
If you're planning a house demolition and aren't sure where the paperwork stands, we handle the permit process as part of the job, including the council consent request. Where a house contains asbestos, removal is done as part of the demolition too; see demolition with licensed asbestos removal.
General information only. This guide summarises the rules in the Building Act 1993 and the Building Practitioners Commission's guidance as at the date above. It isn't legal advice, and rules and council processes change, so confirm the specifics for your property with your building surveyor or council.
Common questions
What is Section 29A demolition consent in Victoria?
Section 29A of the Building Act 1993 requires a building surveyor to get a report and consent from the local council before issuing a demolition permit when the demolition would remove more than half the volume of the building (counting any demolition in the previous three years) or any part of a facade that faces the street and is at least partly visible from it. It is council sign-off that feeds into the demolition permit; it is not the permit itself.
Do I need Section 29A consent to demolish a whole house?
Almost always, yes. Demolishing a whole house removes more than half the building's volume, and the street-facing walls are a facade, so both tests are met. The consent is obtained as part of the building permit application for the demolition.
How long does a council have to respond to a Section 29A request?
The prescribed timeframe is 15 business days after the council receives the application, not counting the day it was lodged, weekends or Victorian public holidays. If the council does not respond in time it is generally taken to have consented, unless a planning permit is required for the demolition and has not been obtained, in which case it is taken to have refused.
Can a council refuse Section 29A consent?
Only on limited grounds. Under section 29B a council must refuse if a planning permit is required for the demolition and has not been obtained, or if the demolition would be inconsistent with the planning permit that was issued. If a planning permit has been obtained for the demolition, the council must not refuse consent.
Does a heritage overlay change the process?
Usually, yes. A heritage overlay in the planning scheme generally means a planning permit is required for demolition, and that permit needs to be in place before the building permit can be issued. Checking the planning overlays on a property early avoids the most common cause of delay.