Siting Matters - Council Report and Consent Application Part 5

A Class 1 building when first constructed must not be set back from the front street alignment more than one-third of the depth of the allotment unless the allotment is equal to or greater than 0·40469 hectare.

Minister's MG-12 Guideline

Objective

To facilitate consistent streetscapes by discouraging the siting of single dwellings at the rear of lots.

Decision guidelines

The reporting authority may give its consent where a single dwelling, other than a fence, does not comply with regulation 73 of the Building regulations 2018, if all of the following criteria apply:

1. the setback is consistent with a building envelope, if one has been approved under a planning scheme or planning permit and or specified in an agreement under section 173 of the Planning and Environment Act 1987; and
2. the setback will not result in disruption of the streetscape;
3. the setback is consistent with any relevant neighbourhood character objective, policy or statement set out in the relevant planning scheme; siting of the building is constrained by the slope of the allotment or other conditions on the allotment or

and at least one of the following criteria apply:

1. the setback will be more appropriate taking into account the desire or need to retain vegetation on the allotment; or
2. the setback will be more appropriate taking into account the prevailing setbacks of existing buildings or nearby allotments; or
3. the siting of the building is constrained by the shape and or dimensions of the allotment; or
4. the siting of the building is constrained by the slope of the allotment or other conditions on the allotment; or
5. there is a need to increase the setback to maximise the solar access to habitable windows and or private open space

1. If:
1. an allotment is in a zone of a planning scheme specified in Schedule 6 and
2. a schedule to that zone specifies a setback from a street alignment

a building on that allotment must be set back from a street alignment not less than the relevant setback specified for the street alignment in the schedule.

2. If subregulation (1) does not apply, a building must be set back from a street alignment not less than the distance specified in respect of that alignment in Table 74.

Table 74—Street setbacks

Adjoining development context	Minimum setback from front street alignment	Minimum setback from side street alignment
Existing dwellings on adjoining allotments facing the same street	The average distance of the setbacks of the front walls of the existing buildings on the adjoining allotments facing the front street, or nine metres, whichever is the lesser	Not applicable
Existing dwelling on one adjoining allotment facing the same street and no building on the other adjoining allotment facing the same street	The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the same street, or nine metres, whichever is the lesser	Not applicable
No existing dwellings on adjoining allotments facing the same street	Six metres for a building facing a declared road Four metres for a building facing any other street	Not applicable
Corner allotment If there is a building on the adjoining allotment facing the same street	The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the front street, or nine metres, whichever is the lesser	The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the side street or two metres, whichever is the lesser
Corner allotment If there is no building on the adjoining allotment facing the same street	Six metres for a building facing a declared road Four metres for a building facing any other street	Two metres

3. The following may encroach into the setback distance required by subregulation (1) or (2) by not more than 2.5 metres:
1. porches, verandahs and pergolas that have a maximum height of less than 3.6 metres above natural ground level
2. eaves, fascia and gutters
3. sunblinds and shade sails
4. permanent and fixed screens referred to in regulation 84(5)(d) or 84(6)
5. decks, steps or landings less than 800 millimetres in height.

Minister's MG-12 Guideline

Objective

To ensure that the setbacks of buildings from a street respect the existing or preferred character of the neighbourhood and make efficient use of the site.

Decision guidelines

The reporting authority may give its consent where a single dwelling does not comply with regulation 74 of the Building regulations 2018, if all of the following criteria apply –

1. The setback is consistent with a building envelope, if one has been approved under a planning scheme or permit and or specified in an agreement under section 173 of the Planning and Environment Act 1987; and
2. the setback will not result in a disruption of the streetscape; and
3. the setback is consistent with any relevant neighbourhood character objective, policy or statement set out in the relevant planning scheme;

and at least one of the following criteria apply:

1. the setback will be more appropriate taking into account the prevailing setback within the street or
2. the setback will be more appropriate taking into account the preferred character of the area, where it has been identified in the relevant planning scheme or
3. the siting of the building is constrained by the shape and or dimensions of the allotment or
4. the siting of the building is constrained by the slope of the allotment or other conditions on the allotment or
5. there is a need to decrease the setback to maximise solar access to habitable room windows and or private open space or
6. the setback will be more appropriate taking into account the desire or need to retain vegetation on the allotment.

A small second dwelling must be set back behind the front wall of the existing dwelling on the allotment that is facing the front street. 

The following must not encroach into the setback distance required by subregulation (1)—
        (a)     porches, verandahs and pergolas;
        (b)     eaves, fascia and gutters;
        (c)     sunblinds and shade sails;
        (d)     permanent and fixed screens referred to in regulation 84(5)(d) or  84(6);
        (e)     decks, steps or landings more than 800 mm in height.

The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design for a small second dwelling that does not comply with this regulation.

For the purposes of this regulation, an allotment does not adjoin another allotment if its boundary only touches the boundary of the other allotment at one point (for example, at a corner).

Minister's MG-12 Guideline

Objective

To ensure that small second dwellings are sited to respect the existing or preferred neighbourhood character.

Decision guidelines

TThe reporting authority may give its consent if a small second dwelling does not comply with regulation 74A (Building setback for small second dwellings) of the Regulations if all of the following criteria apply:

1. the setback is consistent with a building envelope, if one has been approved under a planning scheme or planning permit and or specified in an agreement under section 173 of the Planning and Environment Act 1987; and
2. the setback will not result in a disruption of the streetscape; and
3. the setback is consistent with any relevant neighbourhood character objective, policy or statement set out in the relevant planning scheme;

and at least one of the following criteria apply:

1. the setback of the small second dwelling from the side street will be more appropriate taking into account the prevailing setback within the street; or
2. the setback of the small second dwelling from the side street will be more appropriate taking into account the preferred character of the area, where it has been identified in the relevant planning scheme; or
3. the siting of the small second dwelling is constrained by the shape and or dimensions of the allotment; or
4. the siting of the small second dwelling is constrained by the slope of the allotment or other conditions on the allotment; or
5. there is a need to decrease the setback to maximise solar access to habitable room windows and or private open space; or
6. the setback will be more appropriate taking into account the desire or need to retain vegetation on the allotment.

1. If:
1. an allotment is in a zone of a planning scheme specified in Schedule 6 and
2. that zone, or a schedule to that zone, specifies a maximum height for buildings

the height of a building on that allotment must not exceed the relevant height specified in that zone or schedule (as the case may be).

2. If subregulation (1) does not apply, the height of a building must not exceed:
1. 10 metres if the slope of the natural ground level at any cross section of the site of the building that is wider than eight metres is 2.5 degrees or more and
2. nine metres in any other case.
3. If a wall is constructed in accordance with regulation 80, and despite regulation 79, any part of a building on the allotment that is within one metre of a side or rear boundary and that is adjacent to the wall must be constructed so as not to exceed the height formed by a line that connects:
1. any point at the top of the wall and
2. any point at a height of 3.6 metres at a setback of one metre from the boundary.

Minister's MG-12 Guideline

Objective

To ensure that the height of buildings respects the existing or preferred character of the neighbourhood.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a principal single dwelling (as applicable), which does not comply with regulation 75 of the Building regulations 2018, if all of the following criteria apply:

1. the height of the building will be more appropriate taking into account the preferred character or the area, where it has been identified in the relevant planning scheme; and
2. the setback is consistent with a building envelope, if one has been approved under a planning scheme or planning permit and or specified in an agreement under section 173 of the Planning and Environment Act 1987; and
3. the height will not result in a disruption of the streetscape and
4. the height is consistent with any relevant neighbourhood character objective, policy or statement set out in the relevant planning scheme.

and the following criteria may apply:

1. the height will be more appropriate taking into account the prevailing heights of existing buildings or nearby allotments.

1. If:
   (a) an allotment is in a zone of a planning scheme specified in Schedule 6; and
   (b) a schedule to that zone specifies a maximum site coverage for buildings—
   buildings must not occupy more of the allotment than the site coverage specified in that schedule.

2.  If subregulation (1) does not apply, buildings must not occupy more than 60 percent of an allotment.

3. The following items may be disregarded when calculating site coverage under subregulation (1) or (2):

(a) not more than 600mm of the width of eaves, fascia and gutters;

(b) unroofed swimming pools or spas, unroofed terraces, unroofed patios, unroofed decks and pergolas

4. This regulation applies whether or not there - 

(a)     is one building constructed on the allotment; or

        (b)     are 2 buildings constructed on the allotment, one of which is a small second dwelling.

Minister's MG-12 Guideline

Objective

To ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not comply with regulation 76 of the Building regulations 2018, if all of the following criteria apply:

1. The setback is consistent with a building envelope, if one has been approved under a planning scheme or planning permit and or specified in an agreement under section 173 of the Planning and Environment Act 1987; and 
2. the site coverage is consistent with any relevant neighbourhood character objective, policy or statement set out in the relevant planning scheme, and

at least one of the following criteria apply:

1. the site coverage will be more appropriate taking into account the preferred character of the area, where it has been identified in the relevant planning scheme or
2. the site coverage will be consistent with that of existing development on the allotment, if applicable.

1. If:
2. If subregulation (1) does not apply, and if a building is to be constructed on an allotment, at least 20 percent of the area of the allotment must have a permeable surface.
3. This regulation applies whether or not there - 

a. is one building constructed on the allotment; or

b.  are two buildings constructed on the allotment, one of which is a small second dwelling.

Minister's MG-12 Guideline

Objective

To reduce the impact of increased stormwater run-off on the drainage system and to facilitate on-site stormwater infiltration.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a principal single dwelling or a small second dwelling (as applicable) that does not comply with regulation 77 of the Building regulations 2018, if at least one of the following criteria apply:

1. the amount of impermeable surfaces after the principal single dwelling or small second dwelling has been constructed would be consistent with existing development on the allotment, if applicable or
2. the capacity of the drainage system servicing the allotment is able to accommodate the additional stormwater that the development will cause; or
3. on-site stormwater retention is able to accommodate the additional stormwater that the development will cause.

1. If a new Class 1 building is to be constructed on an allotment, provision must be made for two car parking spaces on the allotment that are accessible from the street.
2. Of the two car parking spaces
3. A building may project into a car parking space if it is at least 2.1 metres above that space.
4. Despite sub-regulation (2), if the two required car parking spaces adjoin each other in a garage or carport or in a space constrained by walls, the double space may be 5.5 metres in width.
5. An alteration to a building on an allotment must not reduce the number of car parking spaces on the allotment unless there are more than 2 car parking spaces on the allotment, in which case the number of car parking spaces may be reduced to two.
6. This regulation does not apply in respect of construction of a building that is a small second dwelling.

Minister's MG-12 Guideline

Objective

To ensure that carparking is adequate for the needs of the residents of the principal single dwelling.  Note - Under Part 5 of the Regulations there are no car parking requirements for residents of a small second dwelling.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a single dwelling, which does not comply with regulation 78 of the Building Regulations 2018, if all of the following criteria apply:

1. the availability of public transport and on-street parking would lessen the demand for car parking on the allotment; and
2. the provision of car parking is consistent with any relevant local planning policy or parking precinct plan in the relevant planning scheme; and

At least one of the following criteria apply:

1. the anticipated residents are likely to generate a lesser demand for carparking or
2. the provision of carparking on the allotment would reduce the on-street carparking by equal to or more than the number of car parking spaces that would be provided on the allotment or
3. the dimensions of the allotment provide insufficient width and/or depth to enable the provision of the required carparking on the allotment or
4. the location of existing development on the allotment provides insufficient width and/or depth to enable the provision of the required carparking on the allotment.

1. If:
1. an allotment is in a zone of a planning scheme specified in Schedule 6 and
2. a schedule to that zone in the planning scheme specifies minimum setbacks from side and rear boundaries:

a building on the allotment must be set back from a side or rear boundary not less than the relevant setback specified in that schedule.

2. If subregulation (1) does not apply, a building must be set back from a side or rear boundary not less than the distance specified in respect of that boundary in Table 79.

Table 79—Side and Rear Setbacks

Building height at any point	Minimum setback from side or rear boundary at that point
3.6 metres or less	One metre
More than 3.6 metres but not more than 6·9 metres	One metre plus an additional distance calculated at the rate of 300 millimetres for every metre of height over 3.6 metres
More than 6.9 metres	Two metres plus an additional distance calculated at the rate of one metre for every metre of height over 6.9 metres

3. The following may encroach into the setback distance required by subregulation (1) or (2):
1. landings with an area of not more than 2 square metres and less than one metre in height
2. unroofed stairways and ramps
3. pergolas
4. shade sails
5. eaves, fascia and gutters, if the encroachment is not more than 600 millimetres
6. carports that comply with regulation 80.
4. The following may encroach into the setback distance required by subregulation (1) or (2) by not more than 500 millimetres:
1. porches and verandas
2. masonry chimneys
3. sunblinds
4. permanent and fixed screens referred to in regulation 84(5)(d) or (6)
5. flues, pipes and rainwater heads
6. domestic fuel tanks and water tanks
7. heating and cooling equipment and other services.
5. This regulation does not apply to a wall that complies with regulation 80.

Minister's MG-12 Guideline

Objective

To ensure that the height and setback of a building from a boundary respects the existing or preferred character and limits the impact on the amenity of existing dwellings.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a principal single dwelling (as applicable) that does not comply with regulation 79 of the Building regulations 2018, if all of the following criteria apply:

1. The setback will not result in a significant impact on the amenity of the secluded private open space and habitable room windows of existing dwellings on nearby allotments; and
2. the setback is consistent with a building envelope, if one has been approved under a planning scheme or planning permit and or specified in an agreement under section 173 of the Planning and Environment Act 1987; and
3. the setback will not result in a disruption of the streetscape; and
4. the setback is consistent with any relevant neighbourhood character objective, policy or statement set out in the relevant planning scheme and

at least one of the following criteria apply:

1. the setback will be more appropriate taking into account the prevailing setback of existing buildings on nearby allotments or
2. the setback will be more appropriate taking into account the preferred character of the area, where it has been identified in the relevant planning scheme or
3. the slope of the allotment and or existing retaining walls or fences reduce the effective height of the building or
4. the building abuts a side or rear lane; or
5. the building is opposite an existing wall built to or within 150mm of the boundary.

1. This regulation applies to the construction of:
1. a wall of a building constructed on or within 200 millimetres of a side or rear boundary of an allotment or
2. a carport constructed on or within one metre of a side or rear boundary of an allotment and which is open on the side facing the boundary or boundaries.
2. If:
1. an allotment is in a zone of a planning scheme specified in Schedule 6 and
2. a schedule to that zone specifies the maximum length of the wall, or of the carport, or of the wall and carport, or the maximum of any of those lengths combined with the length of any existing wall or carport

that length must not exceed any such maximum length specified in that schedule.

3. If subregulation (2) does not apply, the length of the wall, or of the carport, or of the wall and carport, or any of those lengths combined with the length of any existing wall or carport, must not exceed the greater of the following:
1. the length of any existing wall or carport constructed on an adjoining allotment, which is within 200 millimetres of the boundary of that allotment, if the proposed construction abuts the existing wall or carport
2. 10 metres plus 25 percent of the remaining length of the boundary of the adjoining allotment, in any other case.
4. The wall or carport must not exceed:
1. an average height of 3·2 metres where the average is calculated after excluding any length that is less than two metres in height and
2. a maximum height of 3.6 metres.
5. Despite subregulation (4), if the wall or carport abuts an existing wall or carport it may be constructed to the same height as that wall or carport.

Minister's MG-12 Guideline

Objective

To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a principal single dwelling or a small second dwelling (as applicable) that does not comply with regulation 80 of the Building regulations 2018, if all of the following criteria apply:

1. the location, length and or height of the wall(s) will not result in a significant impact on amenity of existing dwellings on nearby allotments; and
2. the setback is consistent with a building envelope, if one has been approved under a planning scheme or planning permit and or specified in an agreement under section 173 of the Planning and Environment Act 1987; and
3. the location, length and height of the wall is consistent with any relevant neighbourhood character objective, policy or statement set out in the relevant planning scheme; and

at least one of the following criteria apply:

1. the location, length and or height of the wall will be appropriate taking into account the prevailing location, length and or height of boundary walls of existing buildings on nearby allotments or
2. the location, length and or height of the wall will be more appropriate taking into account the preferred character of the area, where it has been identified in the relevant planning scheme or
3. the slope of the allotment and or existing retaining walls or fences reduce the effective height of the wall or
4. the wall abuts a side or rear lane or
5. the increased wall height is required to screen a box gutter.

1. A building must be set back from a habitable room window in an existing dwelling on an adjoining allotment to provide for a light court to the window that has a minimum area of three square metres and a minimum dimension of one metre clear to the sky.
2. The area of the light court required under subregulation (1) may include land on the adjoining allotment.
3. A wall or carport with an average height of more than three metres opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the wall or carport if the wall or carport is within a 55 degree angle in the horizontal plane about a vertical axis through the centre of the window.
4. For the purposes of subregulation (3), the angle may be swung to not less than 35 degrees from the plane of the wall containing the window.
5. If the window referred to in subregulation (3) is above ground floor level, then for the purposes of that subregulation, the wall or carport height is to be measured from the floor level of the room containing the window.

The following diagram illustrates the operation of aspects of regulation 81(3).

Minister's MG-12 Guideline

Objective

To allow adequate daylight into habitable room windows.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a principal single dwelling or a small second dwelling (as applicable), which does not comply with regulation 81 of the Building regulations 2018, if all of the following criteria apply:

1. the building will not impact on the amenity of existing dwellings on nearby allotments and
2. the building is consistent with a building envelope that has been approved under a planning scheme or planning permit and or included in an agreement under section 173 of the Planning and Environment Act 1987.

1. This regulation applies if:
1. a building is to be constructed on an allotment and
2. a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is:
1. within three metres of a boundary of the allotment on which the building is to be constructed and
2. orientated towards the boundary and
3. will be situated below the eaves or the top parapet of the building being constructed.
2. The proposed building must be set back from the boundary not less than the distance specified in Table 82 for a distance of three metres from each side of the window or that part of the window that is within three metres of the boundary.

Table 82 — Setbacks from north-facing habitable room windows
3.6 metres or less	Minimum setback from side or rear boundary at that point one metre
More than 3.6 metres but not more than 6.9 metres	One metre plus an additional distance calculated at the rate of 600 millimetres for every metre of height over 3.6 metres
More than 6.9 metres	Three metres plus an additional distance calculated at the rate of one metre for every metre of height over 6.9 metres.

3. The following may encroach into the setback distance required by sub-regulation (2) by not more than 500 millimetres and to a height not exceeding 2.5 metres:
1. flues and pipes
2. domestic fuel tanks and water tanks
3. heating and cooling equipment and other services.
4. A rainwater head may encroach into the setback distance required by subregulation (2) by not more than 500 millimetres.

Minister's MG-12 Guideline

Objective

To allow adequate solar access into existing north-facing habitable room windows.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a principal single dwelling or a small second dwelling (as applicable), which does not comply with regulation 82 of the Building regulations 2018, if all of the following criteria apply:

1. the building will not impact on the amenity of existing dwellings on nearby allotments and
2. the building is consistent with a building envelope that has been approved under a planning scheme or planning permit and or included in an agreement under section 173 of the Planning and Environment Act 1987.

1. A building must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than five hours of sunlight between 9:00am and 3:00pm on 22 September.
2. If a building is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under subregulation (1), the amount of sunlight to that area must not be further reduced by the construction of the building.

In this regulation the required minimum area of a recreational private open space is the lesser of:

1. 75 percent of the recreational private open space and
2. 40 square metres with a minimum dimension of three metres.

Minister's MG-12 Guideline

Objective

To ensure buildings do not unreasonably overshadow existing secluded private open spaces.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a principal single dwelling or a small second dwelling (as applicable) that does not comply with regulation 83 of the Building regulations 2018, if all of the following criteria apply:

1. the proposed building will not significantly impact on the amenity of the secluded private open space(s) on nearby allotments and
2. the building is consistent with a building envelope that has been approved under a planning scheme or planning permit and or included in an agreement under section 173 of the Planning and Environment Act 1987.

1. A habitable room window or raised open space of a building on an allotment must not provide a direct line of sight into a habitable room window or on to a secluded private open space of an existing dwelling on an adjoining allotment.

2. In the case of a direct line of sight from a habitable room window, the line of sight is any line measured from a height of 1.7 m above the floor level of the habitable room and contained within the space enclosed by:
        (a)     a vertical plane measured at an angle of 45° from each side of the window; and
        (b)     a horizontal plane 1·7 m above the floor level of the habitable room; and
        (c)     the ground level below; and
        (d)     a horizontal distance of 9 m from the window.

3. In the case of a direct line of sight from a raised open space, the line of sight is any line measured from a height of 1.7 m above the floor level and along the perimeter of the raised open space to any point within a horizontal distance of 9 m from the raised open space and extending 45° beyond any point where the perimeter of the raised open space meets a wall of a building.

4. In the case of a secluded private open space, the horizontal distance of 9 m referred to in subregulation (2)(d) or (3) is to be measured from the ground level.

5. A habitable room window complies with this regulation if:
        (a)     in the case where a habitable room window provides a direct line of sight into a habitable room window of an existing dwelling on an adjoining allotment, it is offset a minimum of 1·5 m from the edge of one window to the edge of the other; or
        (b)     it has a sill height at least 1.7 m above floor level; or
        (c)     it has obscure glazing in any part of the window below 1·7 m above floor level; or
        (d)     the direct line of sight is obscured by a permanent and fixed screen that has no more than 25 per cent of its area open.

6. A raised open space complies with this regulation if the direct line of sight into the habitable room window or on to the secluded private open space on the adjoining allotment is obscured by a permanent and fixed screen which has no more than 25 per cent of its area open.

7. A window referred to in subregulation (5)(c) may be able to be opened provided that when open the obscure glazing does not permit a direct line of sight on to the secluded private open space or into the habitable room window referred to in subregulation (1).

8. This regulation does not apply to a new habitable room window or raised open space that faces a property boundary if: 
        (a)     there is a visual barrier at least 1·8 m high at the boundary; and
        (b)     the floor level of the room or the raised open space is less than 800 mm above the ground level at the boundary.

9. The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.

10. In this regulation:
"raised open space "means a landing with an area of more than 2 m 2 , a balcony, a terrace, a deck or a patio;
"secluded private open space" means any part of private open space on an allotment:
        (a) which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1·5 m high and that has no more than 25% of its area open; and
        (b) which is primarily intended for outdoor recreation activities.

Minister's MG-12 Guideline

Objective

To limit views into existing secluded private open space and existing habitable room windows.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a principal single dwelling or a small second dwelling that does not comply with regulation 84 (Overlooking) of the Regulations if all of the following criteria apply:

a. the proposed building will not significantly impact on the amenity of existing dwellings on nearby allotments and/or any associated secluded private open space; or
b. the building will not significantly increase the level of existing overlooking of habitable room windows of existing dwellings on nearby allotments and or any associated secluded private open space.

1. A habitable room window of a building on an allotment must face:
1. an outdoor space or light court with a minimum area of three square metres and a minimum dimension of one metre clear to the sky, not including land on an adjoining allotment or
2. a verandah, porch, deck or balcony on the allotment if it is open for at least one-third of its perimeter or
3. a carport on the allotment if:
1. it has two or more sides open; and
2. it is open for at least one-third of its perimeter.
2. For the purposes of subregulation (1), a side of a carport or verandah may be taken to be open if the roof covering of the carport or verandah adjacent to that side is not less than 500 millimetres from another building on the allotment or the adjoining allotment boundary.

Minister's MG-12 Guideline

Objective

To allow adequate daylight into new habitable room windows of a principal single dwelling or a small second dwelling.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a principal single dwelling or a small second dwelling (as applicable) that does not  comply with regulation 85 of the Building regulations 2018, if:

1. the area of the window is larger than 10 percent of the floor area of the habitable room.

1. If:
(a)     an allotment is in a zone of a planning scheme specified in Schedule 6; and
(b)     a schedule to that zone in the planning scheme specifies a minimum area and dimension for private open space
a Class 1 building on that allotment must have private open space of at least the area and dimension specified in that schedule.

Minister's MG-12 Guideline

Objective

To provide adequate private open space for the reasonable recreation and service needs of residents.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a principal single dwelling that does not comply with regulation 86 (Private open space) of the Regulations, if at least one of the following criteria apply:

1. the location of the private open space maximises the solar orientation of the allotment; or
2. the availability of, and access to, public open space or communal open space would lessen the demand for private open space on the allotment.

1. A small second dwelling must have a private open space not less than an area of 8 metres squared with a minimum dimension of 1·6 m and convenient access from a habitable room (other than a bedroom).

 Objective
To provide adequate private open space for the reasonable recreation and service needs of residents.

Decision guidelines
The reporting authority may give its consent to an application for a building permit for a small second dwelling that does not comply with regulation 86A of the Regulations, if at least one of the following criteria apply:

1. A small second dwelling on an allotment must be provided with a clear and unobstructed path from the front street of the allotment that
        (a)     has a minimum width of at least 1 m or, if the path is longer than 30 m, has a minimum width of at least 1·8 m; and
        (b)     has a minimum clear height of at least 2 m, with no encroachments; and
        (c)     has a gradient no steeper than 1 in 14; and
        (d)     has a cross fall no steeper than 1 in 40; and
        (e)     is sealed or has an all-weather access.

 Objective
To ensure that small second dwellings are provided with a clear and unobstructed path for safety and accessibility purposes, including in a case of emergency.

Decision guidelines
The reporting authority may give its consent to an application for a building permit for a small second dwelling that does not comply with regulation 86B of the Regulations if at least one of the following criteria apply: 

a. a path running between a side street or rear street adjoining the allotment and the small second dwelling will be more appropriate, taking into account the prevailing building setback within that street and whether the side street or rear street is accessible by emergency services vehicles; or 
b. a path running between a side street or rear street adjoining the allotment and the small second dwelling will be more appropriate for ease of accessibility for the occupant and for emergency services vehicles, taking into account the preferred character of the area, where it has been identified in the relevant planning scheme; or 
c. the path is constrained by the shape and or dimensions of the allotment; or 
d. the path will be more appropriate, taking into account the desire or need to retain vegetation on the allotment; or 
e. a sealed path is in conflict with the permeability objectives and decision guidelines.

1. A Class 10a building that is appurtenant to a building of another class must be on the same allotment as the building of the other class unless the Class 10a building is approved under the Subdivision Act 1988 or any corresponding previous enactments.

Minister's MG-12 Guideline

There are no guidelines available for regulation 87. The decision is at the discretion of the reporting authority.

1. If:
1. an allotment is in a zone of a planning scheme specified in Schedule 6 and
2. a schedule to that zone specifies a maximum height for a fence, or part of a fence, that is within three metres of the street alignment at the front of an allotment

the height of a fence, or part of a fence, that is within three metres of the street alignment at the front of that allotment must not exceed the relevant maximum height specified in that schedule.

2. If subregulation (1) does not apply, the height of a fence, or part of a fence, that is within three metres of the street alignment at the front of an allotment must not exceed the relevant maximum height specified in Table 89.

Table 89 — Front fence heights

Street type	Maximum fence height
A declared road	Two metres
Any other street	1.5 metres

Minister's MG-12 Guideline

Objective

To ensure front fence design respects the existing or preferred character of the neighbourhood.

Decision guidelines

The reporting authority may give its consent to an application for a building permit for a fence, which does not comply with regulation 89 of the Building regulations 2018, if:

1. the fence will be more appropriate taking into account the prevailing heights, setbacks and design of existing front fences on nearby allotments or
2. the slope of the allotment and or existing retaining walls or fences reduce the effective height of the wall or
3. the fence is required for the minimisation of noise intrusion and
4. the fence height will not result in a disruption of the streetscape and
5. the fence height, setback and design are consistent with any relevant neighbourhood character objective, policy or statement set out in the relevant planning scheme.

1. Despite regulation 90, one or more fences that are more than two metres in height may be constructed on, or within 150 millimetres of, a side or rear boundary of an allotment (other than a boundary that is a side or rear street alignment) if the total length of the fence or fences or that total length combined with the length of any wall, or carport, or wall and carport constructed in accordance with either regulation 80(2) or (3) (as the case requires) on or adjacent to that boundary, does not exceed the greater of the following lengths:
1. 10 metres plus 25 percent of the remaining length of the boundary of an adjoining allotment
2. the length of any wall or carport constructed on an adjoining allotment that is on or within 150 millimetres of the boundary of that allotment and that abuts those fences.
2. A fence constructed on or within 150 millimetres of a side or rear boundary of an allotment in accordance with this regulation must not exceed:
1. an average height of three metres and
2. a maximum height of 3.6 metres along the boundary.
3. Despite subregulation (2), if a fence abuts an existing wall it may be constructed to the same height as that wall.
4. This regulation does not apply to a fence if the fence is provided to comply with regulation 84, or with a planning scheme that regulates the same matter as regulation 84, and:
1. the fence is not more than 2.5 metres in height and
2. the part of the fence between 2.0 metres and 2.5 metres in height has between 20 percent and 25 percent of its area open.

Minister's MG-12 Guideline

There is no guideline for regulation 91. The decision is at the discretion of the reporting authority.

1. This regulation applies if:
1. a fence more than two metres in height is to be constructed on an allotment and
2. a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is:
1. within three metres of a boundary of the allotment on which the fence is to be constructed and
2. oriented towards the boundary and
3. situated below the height of the fence being constructed.
2. The proposed fence must be set back from the boundary not less than the distance specified in Table 95 for a distance of three metres from the edge of each side of the window or that part of the window that is within three metres of the boundary.

Table 95 — Setbacks from north-facing habitable room windows

Fence height at any point	Minimum setback from side or rear boundary at that point
3.6 metres or less	One metre
More than 3.6 metres but not more than 6.9 metres	One metre plus an additional distance calculated at the rate of 600 millimetres for every metre of height over 3.6 metres
More than 6.9 metres	Three metres plus an additional distance calculated at the rate of one metre for every metre of height over 6.9 metres

Minister's MG-12 Guideline

There is no guideline for regulation 95. The decision is at the descretion of the reporting authority.