Asset Protection permits

Asset Protection Permit Terms and Conditions  - Effective 5 October 2021

Upon payment of an asset protection permit, the permit holder accepts and agrees to the asset protection permit terms and conditions.

1. The asset protection permit holder is to take all necessary precautions to ensure that roads, pavements, reserves, public assets and Council land are not damaged as a result of the building works.

2. The asset protection permit holder must ensure the following:

a) Building work is undertaken in a safe manner; and

b) Building material, debris, or temporary fencing does not damage or encroach upon a road, pavement, reserve, public asset or Council land; and

c) Roads, pavements, reserves, public assets and Council land within the vicinity of the building work and/or potentially impacted by the building work are       kept in a safe, tidy, and unobstructed state; and

d) Building work does not cause any detriment to any Council stormwater drain or underground stormwater drainage system; and

e) The building site is managed appropriately to ensure there is no stormwater pollution or the deposit of sediment on any roads, pavements, reserves, public      assets and Council land; and

f) Any water discharged from the building site is not fouled; and

g) Vehicles associated with the building work park and/or deliver building material do so in a manner that does not cause any detriment to roads, pavements,      reserves, public assets and Council land.

3. The point of entry to the site including the transport of materials and equipment must be confined to a vehicle crossing constructed to Council standard(s) unless specific approval has been sought and an authorised officer has granted use of an alternative temporary point of access.  A permitted temporary point of entry must be maintained in a safe condition for road, pavement, reserve, public asset and Council land users at all times.  A Works Permit may be required to construct a temporary point of entry.

4. The asset protection permit holder must not access, cross or use a Council reserve without obtaining prior permission.  An application to access a Council reserve can be made via Application to access a park or reserve.

5. Council reserves the right to place any additional or modified permit conditions that are considered necessary on any application, and such permit conditions shall form part of the asset protection permit.

6. Should building work commence prior to Council conducting an asset protection permit Pre-Build inspection, any damage observed during the Pre-Build inspection will be considered resultant of the commenced building work.

7. At the conclusion of building work a copy of the associated building permit(s) Occupancy Certificate(s) and/or Certificate(s) of Final Inspection (including all associated documentation) must be provided to Council by the relevant building surveyor(s).

Note: An asset protection permit Post-Build inspection will not be conducted and/or the bond refunded (where applicable) until Council is in receipt of Occupancy Certificate(s) and/or Certificate(s) of Final Inspection (Including all associated documentation) which have been submitted to Council by the relevant building surveyor(s). 

8. Council reserves the right to issue the asset protection permit holder an invoice to cover any cost incurred as a result of the requirement for Council to undertake interim make-safe/repair works to any damage presenting as a public hazard to minimise risk during the course of the building work.

9. Any damage associated with a Council drainage pit, road pavement, sign or street tree will be repaired and/or reinstated by Council resulting in the bond being retained to cover associated costs.  In the event that Council cost(s) exceed the value of the bond, the asset protection permit holder will be issued with an invoice to cover additional costs.

10. It is recommended that protective fencing be erected around street trees.  This may also be a mandatory condition under an associated planning permit.  Interference, damage, or removal of a street tree is an offence under Yarra Ranges Shire Council Neighbourhood Amenity Local Law 2020.

11. Where a Reinstatement Works Notice or Notice to Comply has been issued for repair of damage associated with building work, the asset protection permit holder must ensure the repair work is carried out to Council standard/specification within the nominated time frame/by the specified due date unless an extension of time to complete the reinstatement works has been sought and granted by Council.  Failure to do so will result in Council undertaking the necessary reinstatement work and retaining the bond.  Where Council costs exceed the value of the bond, the asset protection permit holder will be issued with an invoice to cover additional costs.

12. Where damage has occurred to a road, pavement, reserve, public asset and/or Council land as a result of a service authority connection (i.e. gas, telecommunications, water, power, etc) associated with the building work it is the responsibility of the asset protection permit holder to contact the relevant service authority(s) to arrange and/or follow up on the associated reinstatement works.  The asset protection permit bond will not be refunded until the relevant authority(s) has completed the reinstatement work to Council standard/specification including backfilling and/or restoration of affected areas of nature strip to the same, or better, condition as prior to commencement of building work. 

13. Where a Reinstatement Works Notice or Notice to Comply not been complied with the asset protection permit holder remains liable for all actions, claims, losses, damages, penalties and demands as a result of the damage until the reinstatement has been completed by Council.

14. The asset protection permit bond will be refunded to the person/company who paid the bond upon Council being satisfied that there has been no damage as a result of the building work, or that damage has been reinstated to Council standard/specification.

15. In addition to the requirement to obtain an asset protection permit, a works permit may be required for activities on roads, pavements, reserves, public assets and Council land including, but not restricted to:

• Alteration to an existing vehicle crossing; and
• Construction of a new vehicle crossing; and
• Installation of a temporary point of access; and
• Point of discharge (stormwater) connection; and
• Water tapping

16. An asset protection permit will reach conclusion under the following circumstances:

• Council has been provided with a copy of the associated building permit(s) Occupancy Certificate(s) and/or Certificate(s) of Final Inspection that have been submitted to Council by the relevant building surveyor(s) that an associated building permit has lapsed/expired; and
• The bond has been refunded; or
• The bond has been retained to cover costs for Council to reinstate damage; or
• The bond has been retained to cover costs for Council to reinstate damage and an invoice has been issued to the asset protection permit holder to cover additional costs in excess of the value of the bond.

Council specifications/standard drawings may be obtained via our Standard Drawings web page. 

Yarra Ranges Council Neighbourhood Amenity Local Law 2020, including definitions, may be obtained via our Neighbourhood Amenity Local Law 2020 web page.

It is important to note that the asset protection permit fee is inclusive of one (1) Pre-Build inspection and one (1) Post-Build inspection.  The necessity for Council to conduct additional inspection(s) may result in additional inspection fee(s) being charged to the asset protection permit holder.  To secure a successful Post-Build inspection and asset protection permit bond refund (where applicable) please refer to Council’s Asset Protection Permit ‘Post-Build Inspection Checklist’ ensuring that all checklist items have been completed. The ‘Post-Build Inspection Checklist’ can be found on the Final Inspections Checklist tab on this current page.

For any queries relating to asset protection permits please email mail@yarraranges.vic.gov.au or contact the Asset Protection team via 1300 368 333. 

Asset Protection Permit Post-Build Inspection Checklist

It is important to note that the asset protection permit fee includes one (1) Pre-Build inspection and one (1) Post-Build inspection. The necessity for Council to conduct additional inspection(s) may result in additional inspection fee(s) being applied to the asset protection permit holder.

To ensure a successful Post-Build inspection and asset protection permit bond refund (where applicable) the following checklist items must have been completed:

• All building and associated works have been completed, and Council has been provided (where applicable) with a copy of Occupancy Certificate(s) and/or Certificates(s) of Final Inspection (including all associated documentation) which have been submitted to Council by the relevant building surveyor(s). 
  
  
• The nature strip has been cleared of skip bin(s), building materials and debris (i.e. stones, rubble, concrete, rubbish, etc).
  
  
• The footpath, vehicle crossing, kerb/channel and road pavement within the vicinity of the building works are free of dirt, mud, sand, gravel, etc to accommodate a successful final inspection.
  
  
• The soil of the nature strip is level with the concrete of the footpath, kerb or vehicle crossing (i.e vehicle tyre ruts, areas of compaction and/or subsidence have been backfilled).
  
  
• The nature strip has been restored to the same, or better, condition than prior to commencement of building works.
  
  
• Any part of a vehicle crossing damaged (as a result of the building works) that is presenting as a potential tripping hazard has been reinstated to Council standard and specification*.
  
  
• Any footpath bays damaged as a result of the building works have been reinstated to Council standard and specification*.
  Note: damaged footpath bays must be entirely removed and replaced (i.e. partial footpath bay reinstatements will not be accepted).
  
  
• Any concrete reinstatement work for footpath or vehicle crossing(s) has had the formwork removed and the nature strip has been backfilled/restored to the same, or better condition than that prior to commencement of building.
  
  
• Damage incurred to nature strip, footpath, road pavement, vehicle crossing(s), etc as a result of service authority connections (i.e. gas, telecommunications, water, power, etc) associated with the building work has been reinstated to Council standard and satisfaction.
  
  

Note: it is the responsibility of the asset protection permit holder, or their delegate, to contact the relevant service authority(s) to arrange and/or follow up on associated reinstatement works. The asset protection permit bond will not be refunded until the relevant service authority(s) has completed associated service connection reinstatement(s) including removal of concrete formwork, backfilling and restoration of affected areas of nature strip.

• Any damage as a result of building works to kerb/channel, drainage pits, road pavement, signs or street trees has been reported to Council to undertake the required reinstatement works for which the asset protection bond may be retained to cover associated costs. Where costs exceed the value of the bond, the permit holder will be issued with an invoice to cover excess costs.

* Council specifications (standard drawings) can be obtained on our Council Standard Drawings web page

Residential Works (including the construction of up to two (2) new dwellings on a site):

Permit Fee                $326.00 
Security Bond         $1,500.00 *

Commercial Works (including the construction of three (3) or more new dwellings on a site, apartments, large-scale developments, retail developments, etc ):

Permit Fee                $537.00
Security Bond         $2,500.00 *

*Security bonds listed are minimum bonds.  An Asset Protection Officer may determine that the proposed works are of a high risk to public land/assets and may apply a bond in excess of the minimum specified. 

How to Reclaim Asset Protection Permit Bond

Council must be in receipt of an Occupancy Certificate and/or Certificate of Final Inspection for building works before a Post Build inspection or refund of the Asset Protection permit security bond will occur.

Certificates must be emailed to Council by the relevant building surveyor(s) via mail@yarraranges.vic.gov.au

Upon receipt of an Occupancy Certificate and/or Certificate of Final Inspection an Asset Protection Officer will schedule a ‘Post Build’ inspection.  Please allow 10 working days for a Post Build inspection to be conducted.

If the Post Build inspection reveals that no damage has occurred as a result of building works, an Asset Protection Officer will request that the security bond be released, after which the asset protection permit holder (i.e. bond payee) will receive an email and/or phone call from Council’s Finance team requesting that banking details be provided so that the security bond can be refunded directly to the bank account of the bond payer via Electronic Funds Transfer (EFT).

If the Post Build inspection reveals that damage has occurred, an Asset Protection Officer will send the asset protection permit holder a letter outlining the works required to be undertaken in order to reinstate the damaged land and/or assets. 

Once reinstatement works have been completed to the satisfaction of Council, the security bond will be refunded.

Should you fail to undertake and/or otherwise fail complete reinstatement works to the satisfaction of Council, the security bond will be retained and the reinstatement works will be scheduled for completion by Council.  Should the cost of reinstatement works exceed the value of the bond, Council will issue the permit holder with an invoice for the excess costs.

How long is an Asset Protection permit valid?

An Asset Protection permit is valid until the associated building permit(s) has been completed (i.e. an Occupancy Certificate and/or a Certificate of Final Inspection has been issued by a building surveyor). Council must be in receipt (including all associated documentation) which have been sent to Council by the relevant building surveyor(s) as confirmation that building works have been completed.  

Where works do not involve a building permit an asset protection permit is valid for 24 months from the date of issue.

Where building works are of an ongoing nature for several years, and the associated building permit has not expired/lapsed, Council may establish whether the remaining works propose an ongoing risk to public land and/or assets.  Where it is determined by an Asset Protection Officer that the remaining works do not propose a risk to public land and/or asset, the Officer may (where no damage as a result of building works is evident) from time to time, determine to refund an Asset Protection security bond and/or otherwise complete an Asset Protection permit.