By Julia Thermos

31 October 2017

With bushfires becoming more and more prevalent in the community, measures have been taken to reduce the devastating effects of this natural disaster.

Recently new Bushfire Management Overlay (“BMO”) mapping and schedules have been introduced to reduce the threat and effect of bushfires on properties. While you might think that these overlays will only affect properties in rural settings, you are mistaken! Many Melbourne suburbs have now also been designated as bushfire prone areas. Does this affect you?

We recommend that all landowners review the updated BMO maps to see if their property is affected.

The BMO mapping has been updated into 64 planning schemes. If your land is affected by the updated BMO, you will need to take note of the following:

  1. If you plan to build or develop the property you will need to obtain a Bushfire Attack Level assessment (“BAL”) to determine which construction materials are appropriate for building on the property. Once determined, the BAL will affect your development costs as materials, design and insurance prices may be significantly increased for buildings in designated bushfire prone areas.
  2. The new mapping and schedules may affect developments that already have a permit and/or building permit in place.
  3. If you have a permit please review the updated schedules to see whether you are required to amend your existing permit or apply for a new permit.
  4. There are certain limited transitional provisions available.

For more information on the new BMO please contact someone from our Property Law Team.

Related Articles

View All
Property & Development / Developments / Real Estate Agents

Property Law Changes – Land tax adjustments, vacant residential tax & windfall gains tax

A prohibition on the ability of a Vendor to pass on land tax liability assessment against a property The current...
Read More
Commercial Contracts & Agreements / Leasing & Lease Disputes / Property & Development

Exercising Options

If a lease is a retail lease, the provisions of the Retail Leases Act (Vic) (2003) will govern the exercise of option...
Read More
Construction / Owners Corporations / Planning

Occupancy permits – the ticking clock in defective building work

Where multiple occupancy permits are issued in relation to a building permit, which permit is the operative permit for...
Read More
Commercial Law / Property & Development / Developments

2023-2024 State Budget Recap

Acquisitions of Commercial and Industrial Properties From 1 July 2024, Land transfer duty (stamp duty) on commercial...
Read More
Adverse Possession / Commercial Law / Family Law

2024 Best Lawyers list out now

Tisher Liner FC Law are proud to announce that this year three of our Principals have been selected by their peers for...
Read More
Property & Development / Planning

The 1, 2, 3 of Property Law Reminders for NY2023

In so reflecting, reflecting on one’s property matters (current or proposed for the future) is also a worthwhile...
Read More
Planning / Property & Development / Construction

Section 9AC of the Sale of Land Act – What does ‘materially affect’ mean?

Throughout the registration period, a Plan of Subdivision may undergo many amendments from the proposed Plan which was...
Read More
Property & Development / Leasing & Lease Disputes / Real Estate Agents

CTRS protections has ended. What do you do now when a tenant defaults?

What can landlords do if a tenant breaches the lease If a tenant is in breach of a lease, the landlord may charge...
Read More
Property & Development

Early deposits. Your FAQ’s answered

This blog explores what is required in order for a Vendor to obtain their deposit prior to settlement and what a...
Read More
Property & Development / Real Estate Agents

Stamp Duty is now payable on late settlement and default penalty interest

The dutiable value of a property is the value in which stamp duty is determined to be due and payable at settlement by...
Read More
Property & Development / Commercial Contracts & Agreements

Market rent reviews under the Retail Leases Act 2003: Applying to the VSBC for the appointment of a Specialist Retail Valuer under the Act

In Part 1 of our blog series, we explored market rent reviews generally This is Part 2 of our 2 part blog series, in...
Read More
Property & Development

Market rent reviews under the Retail Leases Act 2003

The Retail Leases Act 2003 (Vic) (the “Act”) sets out certain rights and obligations in relation to rent reviews...
Read More