2026 Bushfires – Building requirements

Clause 52.10 removes the need for landowners to get planning permission for the use of land for rebuilding a dwelling where planning permission would normally be required (for example in the Farming Zone).

It does not remove all requirements to comply with planning controls such as overlays or setback distances. These can still trigger planning permits.

Subject to certain criteria, and if a planning permit is required, Clause 52.10 also makes it so that your application will not be advertised to neighbours or others nearby.

It aims to reduce delays in the planning process, provide certainty for rebuilding and support community recovery.

To qualify for the use exemption, you need to satisfy the following requirements:

• A dwelling on the land must have been damaged or destroyed as a result of an emergency after 1 January 2019.
• The use must commence within 7 years after the date the dwelling was damaged or destroyed.
• The dwelling must not be a building that was constructed under clause 52.07.
• The land must not be used for more than the number of dwellings the land was lawfully used for before the dwelling was damaged or destroyed.
• Access to the dwelling must be provided via an all-weather road with dimensions adequate to accommodate emergency vehicles.
• The dwelling must be connected to reticulated sewerage, if available. If reticulated sewerage is not available, all wastewater from the dwelling must be treated and retained within the lot in accordance with the requirements of the Environment Protection Regulations under the Environment Protection Act 2017for an on-site wastewater management system.
• The dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes.
• The dwelling must be connected to a reticulated electricity supply or have an alternative energy source.

To qualify for the advertising exemption for use and/or development, you will need to meet the following criteria:

• The application must be lodged within 7 years of the date the building was damaged or destroyed.
• A building or works on the land must have been damaged or destroyed as a result of an emergency after 1 January 2019.
• If the application is for a dwelling, then the application must only be for the number of dwellings that were damaged or destroyed.
• A use must be a use that was lawfully carried out on the land immediately before the building or works was damaged or destroyed and cannot continue without the building or works being reconstructed.
• A development must be for:
  • The repair of the damaged or destroyed building or works; or
  • The construction of a building, or the construction or carrying out of works, to replace the damaged or destroyed building or works.

Any landuse can qualify for the advertising exemption, provided that they meet the exemptions listed above. This includes but is not limited to industries, tourist accommodation, wineries, intensive farming practices and other uses that were carried out with the required planning permission.

It is important to note that depending on the siting of the new building, you may still require a planning permit. Many of the properties affected by the bushfires are subject to overlays that will trigger a planning permit regardless of the exemptions identified above.

For more information on whether your siting requires a planning permit, please contact Council’s Planning Department.

It is important to note that Clause 52.10 does not override the stipulations of any covenants, caveats, easements or Section 173 Agreements that apply to your property.

Clause 52.07 allows:

• temporary accommodation for people who lost their principal place of residence;
• temporary buildings to allow businesses to continue operating;
• removal of damaged buildings or materials;
• limited vegetation removal associated with recovery; and/or
• short‑term flexibility for extractive industries supplying recovery materials.

The exemptions provided for under Clause 52.07 are temporary only and are designed to support recovery. Clause 52.07 provides the exemptions for a limited timeframe. If you want to keep the buildings that you have constructed using Clause 52.07 on a permanent basis, you will need to apply for a planning and building permit.

Clause 52.07 is quite strict with the use, location and size of temporary accommodation allowed under the rule of the exemption. The restrictions are:

• Your temporary accommodation must be located on the same property as your primary place of residence.
• You can only use your property for temporary accommodation for up to three years.
• The combined gross-floor area of all buildings you construct must not be more 60 square metres.
• Any building you construct must be completed within 18 months of when your home was damaged or destroyed by the bushfire.
• Access to your temporary accommodation must be provided via an all-weather road with dimensions adequate to accommodate emergency vehicles.
• Your temporary accommodation must be connected to a reticulated sewerage system or if that is not available, your wastewater must be:
  • treated and retained on-site in accordance with the Environment Protection Act 2017, the Environment Protection Regulations 2021 and Environment Reference Standard 2021; or
  • treated and disposed of to the satisfaction of your council

It is important to note that depending on the siting of the new building, you may still require a planning permit. Many of the properties affected by the bushfires are subject to overlays that will trigger additional requirements which you need to check with the Council.

To start the process, it is important to provide the following information to Council before starting:

• Description of the proposed building
• Description of the proposed use
• Description of the land where the temporary accommodation will be used or constructed:
  • address of land; OR
  • title particulars of land:  OR
  • plan showing the land; OR
  • any combination of these.

It is important to note that Clause 52.07 does not override the stipulations of any covenants, caveats, easements or Section 173 Agreements that apply to your property.