Does a building covenant apply to my shed?

Often, in a newer estate. A building covenant is a private rule the developer registers on the title or writes into the contract of sale, and it can limit a shed’s size, height, colour, materials and position well beyond what the council asks. It sits beside the council’s rules, not inside them, so a shed can meet every council rule and still breach the covenant. Many covenants lapse after a set time, which the covenant itself states.

What does a covenant usually cover?

the size and height of sheds, and whether they can be seen from the street
roof and wall colours and materials
fences, letterboxes and the front garden
how far buildings keep from the street, sometimes further than the council asks

How do I find the covenant on my property?

A title search shows any covenant registered on the lot, with the document that sets it out, and the contract of sale lists it too. Estates also publish design and siting guidelines, and agents often send the building covenant with the site plan when the land is sold. If the estate runs a design review, its panel says what it wants to see before you lodge anything with the council. The post on the names a site plan goes by explains the drawing itself.

Does the council check the covenant?

In most places it does not. The certifier and the council read the council’s and the state’s rules, and a covenant is enforced by the developer or the neighbours who share it, through the courts if it comes to that. A shed can pass its building approval and still have to change because of a covenant, which is why the covenant is read first.

What does the estate’s design review want to see?

The same site plan the certifier reads, with the shed at its size and the distance to each boundary, plus the colours and materials and, for a larger shed, its elevations. Getting the review’s answer before the council application saves drawing the shed twice.

Reading it for your own lot

RapidSiteplan reads the council and building rules for your lot from its address, checks the design against them as you place it, lets you edit it as often as you like, and prints the site plan. Site plans and assessments in minutes. The covenant is yours to read, and the same plan goes to the estate’s review and to the certifier.

Search your address, or see what the plan shows for a shed or carport and for sheds and garages. The Victoria page explains how approval works there, the Casey page lists what we hold for that council, and site plans by council covers the rest of Australia. The post on council approval for a carport covers the approval each state asks for.

Common questions

Does a building covenant apply to my shed? If the lot carries one, yes: a covenant can limit a shed’s size, height, colour and position beyond the council’s rules. A title search or the contract of sale shows whether it does.

How do I find the covenant on my property? A title search shows any covenant registered on the lot, and the contract of sale lists it. Estates also publish design guidelines, and agents often send the covenant with the site plan.

Do estate design guidelines need their own approval? Where the estate runs a design review, yes: its panel looks at the shed before the council application. The review and the building approval are separate, and each needs its own yes.