Building (Single Dwellings) Regulations 2001
i
Building (Single Dwellings) Regulations 2001
S.R. No. 171/2001
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provisions 1
3. Commencement 1
4. Information to accompany applications 2
5. Reporting authorities 2
6. New regulation 2.5 substituted 4
2.5 Time limits 4
7. New Part 4 substituted 7
PART 4—SITING 7
Division 1—Introductory Matters 7
4.1 Definitions 7
4.2 Application of this Part 8
4.3 References to planning schemes 9
4.4 What is an existing building? 9
4.5 What is a single dwelling? 10
4.6 Application of section 188A of the Act 10
Division 2—Single Class 1 Buildings and Associated
Class 10 Buildings 10
4.7 Application of Division 10
4.8 Maximum street setback 10
4.9 Minimum street setbacks 11
4.10 Building height 14
4.11 Site coverage 15
4.12 Permeability 16
4.13 Car parking 16
4.14 Side and rear setbacks 17
4.15 Walls on boundaries 19
4.16 Daylight to existing habitable room windows 20
4.17 Solar access to existing north-facing habitable room
windows 22
4.18 Overshadowing of recreational private open space 24
4.19 Overlooking 25
-- 1 of 41 --
Regulation Page
ii
4.20 Daylight to habitable room windows 28
4.21 Private open space 29
Division 3—Siting of Class 10a buildings 30
4.22 Siting of Class 10a buildings 30
Division 4—Class 10b Buildings 30
4.23 Application of Division 30
4.24 Front fence height 30
4.25 Fence setbacks from side and rear boundaries 31
4.26 Fences on side or rear boundaries 32
4.27 Fences on street alignments 33
4.28 Fences and daylight to existing habitable room
windows 34
4.29 Fences and solar access to existing north-facing
habitable room windows 35
4.30 Fences and overshadowing of recreational private
open space 36
4.31 Masts, poles etc. 37
8. New Schedule 3 inserted 38
SCHEDULE 3—Planning Schemes 38
═══════════════
ENDNOTES 39
-- 2 of 41 --
1
STATUTORY RULES 2001
S.R. No. 171/2001
Building Act 1993
Building (Single Dwellings) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 18 December 2001
Responsible Minister:
JOHN THWAITES
Minister for Planning
HELEN DOYE
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Building Regulations 1994 1 —
(a) to prescribe requirements for the siting and
design of single dwellings and associated
buildings; and
(b) to make general improvements to the
operation of those Regulations.
2. Authorising provisions
These Regulations are made under sections 7, 9,
261, 262 and Part 1 of Schedule 1 of the Building
Act 1993.
3. Commencement
These Regulations come into operation on
23 December 2001.
-- 3 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
2
4. Information to accompany applications
In regulation 2.1(2)(c) of the Building Regulations
1994—
(a) after sub-paragraph (vi) insert—
"(vii) the location, dimensions and area of
impermeable surfaces covering the
allotment if necessary for the purposes
of regulation 4.12; and
(viii) the location and dimensions of car
parking spaces for the purposes of
regulation 4.13; and
(ix) the location, dimensions and area of
private open space for the purposes of
regulation 4.21; and".
5. Reporting authorities
In Table 2.2 of regulation 2.2(1) of the Building
Regulations 1994, for the item relating to Council
substitute—
"Council Building over an easement reg. 2.4(1)
Projections beyond street
alignment reg. 3.12
Buildings above or below
certain public facilities reg. 3.15
Setback from a street
boundary not complying
with reg. 4.8
reg. 4.8(3)
Setback from a street
boundary not complying
with reg. 4.9
reg. 4.9(4)
Building height not
complying with reg. 4.10
reg. 4.10(4)
Site coverage not
complying with reg. 4.11
reg. 4.11(4)
r. 4
-- 4 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
3
Impermeable surfaces
covering more than 80% of
an allotment area
reg. 4.12(2)
Car parking spaces not
complying with reg. 4.13 reg. 4.13(6)
Side or rear boundary
setbacks not complying
with reg. 4.14
reg. 4.14(6)
Walls or carports not
complying with reg. 4.15 reg. 4.15(5)
Building setbacks not
complying with reg. 4.16
(daylight to existing
habitable room window)
reg. 4.16(6)
Building setbacks not
complying with reg. 4.17
(solar access)
reg. 4.17(6)
Building design not
complying with reg. 4.18
(overshadowing of
recreational private open
space)
reg. 4.18(3)
Window or raised open
space not complying with
reg. 4.19 (overlooking)
reg. 4.19(9)
Building design not
complying with reg. 4.20
(daylight to habitable room
window)
reg. 4.20(3)
Private open space not
complying with reg. 4.21 reg. 4.21(4)
Siting of appurtenant
Class 10 buildings reg. 4.22(2)
Front fence height not
complying with reg. 4.24 reg. 4.24(3)
Fence setback on side or
rear boundary not
complying with reg. 4.25
reg. 4.25(3)
Length or height of side or
rear boundary fence not
complying with reg. 4.26
reg. 4.26(5)
A fence within 9m of an reg. 4.27(1)
r. 5
-- 5 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
4
intersection
Fence setback not
complying with reg. 4.28
(daylight to existing
habitable room window)
reg. 4.28(6)
Fence setback not
complying with reg. 4.29
(solar access)
reg. 4.29(5)
Fence design not
complying with reg. 4.30
(overshadowing of
recreational private open
space)
reg. 4.30(3)
Mast, pole, aerial, antenna,
chimney flue pipe or other
service pipe
reg. 4.31
Precautions over a street reg. 5.3(4)
Point of discharge of storm
water reg. 5.9(2)
Installation of soil and
waste disposal reticulation
system in unsewered area
or construction of a
building over an existing
reticulation system in an
unsewered area
reg. 6.1
Construction of buildings
on land liable to flooding reg. 6.2(3)
Building on designated
land reg. 6.6(2)".
6. New regulation 2.5 substituted
For regulation 2.5 of the Building Regulations
1994 substitute—
"2.5 Time limits
The following time limits apply in relation to
applications for building permits
Class 1
r. 6
-- 6 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
5
Matter
Act
provision
or 10
buildings
Class 2–9
buildings
Relevant
building
surveyor to
give
reporting
authority a
copy of an
application
Schedule 2
clause 4(2)
3 business
days
5 business
days
Time after
receipt of
copy of
application
for
reporting
authority to
report on or
consent to
application
Schedule 2
clause 6
5 business
days
10 business
days
Time after
receipt of
copy of
application
for
reporting
authority to
report on or
consent to
an
application
for a matter
under
Division 2
and
regulation
4.24 of
Part 4
Schedule 2
clause 6
15 business
days
Not
applicable
Class 1
r. 6
-- 7 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
6
Matter
Act
provision
or 10
buildings
Class 2–9
buildings
Time after
receipt of
copy of
application
for
responsible
authority to
report on or
consent to
application
Schedule 2
clause 6A
15 business
days
15 business
days
Time for
relevant
building
surveyor to
decide
application
after all
reporting
authority
consents or
reports are
received or
the end of
the relevant
time
prescribed
for the
supply of
those
consents or
reports
whichever
is the
earlier
section 19 10 business
days
15 business
days
Act
Class 1
or 10 Class 2–9
r. 6
-- 8 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
7
Matter provision buildings buildings
Further
time for
applicant to
supply a
report or
consent of a
reporting
authority to
relevant
building
surveyor
Schedule 2
clause 5(4)
3 calendar
months
6 calendar
months
7. New Part 4 substituted
For Part 4 of the Building Regulations 1994
substitute—
'PART 4—SITING
Division 1—Introductory Matters
4.1 Definitions
In this Part—
"clear to the sky" means an unroofed area
or an area roofed with a material that
transmits at least 90% of light;
"height" in relation to—
(a) a building (other than a wall or
fence) at any point, means the
vertical distance between natural
ground level and the top of the
roof covering; and
(b) a wall at any point, means the
vertical distance between the
natural ground level at the base of
the wall and the point at which the
outer wall intersects the plane of
the top of the roof covering or the
r. 7
-- 9 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
8
top of the parapet, whichever is
higher; and
(c) a fence at any point, means the
vertical distance between natural
ground level at the base of the
fence and the top of the fence;
"private open space" means—
(a) an unroofed area of land; or
(b) a deck, terrace, patio, balcony,
pergola, verandah, gazebo or
swimming pool;
"setback" from a boundary or building,
means a horizontal distance from that
boundary or building;
"site coverage" means that part of an
allotment which is covered by
buildings, expressed as a percentage of
the area of the allotment;
"window" includes roof skylight, glass
panel, glass brick, glass louvre, glazed
sash, glazed door, translucent sheeting
and any other building material which
transmits natural light directly from
outside a building into a room.
4.2 Application of this Part
(1) This Part is subject to section 11 of the Act.
(2) A regulation in this Part does not apply to
the construction of a building if a planning
permit is required for the construction of that
building and the relevant planning scheme
regulates the same matter as that regulation
in relation to the siting of that building.
(3) Except for construction which is an
alteration, regulations 4.18 and 4.19 do not
r. 7
-- 10 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
9
apply to the construction of a new building
on land—
(a) if the land is within one of the
following municipal districts—
(i) City of Casey;
(ii) City of Whittlesea;
(iii) City of Wyndham;
(iv) City of Hume;
(v) Shire of Cardinia;
(vi) Shire of Melton; and
(b) the land is on a plan of subdivision
which was registered on or after
1 January 1997 and before 1 January
2003; and
(c) a building permit for the construction of
the building is issued before 1 January
2003.
4.3 References to planning schemes
A reference in this Part or Schedule 3 to a
planning scheme is a reference to a planning
scheme made under the Planning and
Environment Act 1987 as that planning
scheme is amended and in force from time to
time.
4.4 What is an existing building?
In this Part, a reference to an existing
building in relation to an adjoining allotment
is a reference to any part of a building on the
adjoining allotment—
(a) that was in existence in its current form
before 1 July 1994 (unless it had not
been completed before that date); or
r. 7
-- 11 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
10
(b) for which there is an occupancy permit
that has been given to the relevant
council; or
(c) for which there is a certificate of final
inspection that has been given to the
relevant council (but only if that part of
the building can be occupied without
the need for any further certificate of
final inspection); or
(d) that has been completed (but only if
that part of the building can be
occupied without the need for an
occupancy permit or a certificate of
final inspection).
4.5 What is a single dwelling?
For the purposes of the definition of "single
dwelling" in section 188A of the Act, a
Class 1 building and a Class 10 building
associated with a Class 1 building are
specified classes of building.
4.6 Application of section 188A of the Act
Section 188A of the Act applies to
applications for building permits to which
this Part applies.
Division 2—Single Class 1 Buildings and
Associated Class 10 Buildings
4.7 Application of Division
This Division applies to the construction of a
single Class 1 building and associated
Class 10a buildings on an allotment.
4.8 Maximum street setback
(1) A new Class 1 building, other than an
alteration, must not be set back from the
r. 7
-- 12 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
11
front street boundary more than one-third of
the depth of the allotment.
(2) This regulation does not apply to an
allotment equal to or greater than 0·40469ha.
(3) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.9 Minimum street setbacks
(1) If—
(a) an allotment is in a zone of a planning
scheme specified in Schedule 3; and
(b) the Schedule to that zone in the
planning scheme specifies a setback
from a street boundary—
a building on that allotment must be set back
from a street boundary not less than the
relevant setback specified in respect of that
street boundary in the Schedule to that zone
in the planning scheme.
(2) If sub-regulation (1) does not apply, a
building must be set back from a street
boundary not less than the distance specified
in respect of that boundary in Table 4.9.
TABLE 4.9—STREET SETBACKS
Adjoining
Development
Minimum
setback from
Minimum
setback from
r. 7
-- 13 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
12
Context front street a side street
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 9m,
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 9m,
whichever is
the lesser
Not applicable
No existing
dwellings on
adjoining
allotments
facing the same
street
6m for a
building facing
a declared road
4m for a
building facing
any other street
Not applicable
Adjoining
Development
Context
Minimum
setback from
front street
Minimum
setback from
a side street
r. 7
-- 14 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
13
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 9m,
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 2m,
whichever is
the lesser
Corner
allotment
If there is no
building on the
adjoining
allotment
facing the same
street
6m for a
building facing
a declared road
4m for a
building facing
any other street
2m
(3) The following may encroach into the setback
distance required by sub-regulation (1) or (2)
by not more than 2·5m—
(a) porches, verandahs and pergolas that
have a maximum height of less than
3·6m above natural ground level;
(b) eaves, fascia and gutters;
(c) sunblinds and shade sails;
(d) screens referred to in regulation
4.19(4)(d) or 4.19(5); and
(e) decks, steps or landings less than
800mm in height.
r. 7
-- 15 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
14
(4) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
(5) In this regulation "declared road" means a
declared road within the meaning of the
Transport Act 1983.
(6) In this regulation "street" means any road
other than a lane, footway, alley or right of
way.
(7) 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).
4.10 Building height
(1) If—
(a) an allotment is in a zone of a planning
scheme specified in Schedule 3; and
(b) the Schedule to that zone in the
planning scheme specifies a maximum
height for buildings—
the height of a building on that allotment
must not exceed the relevant height specified
in the Schedule to that zone in the planning
scheme.
(2) If sub-regulation (1) does not apply, the
height of a building must not exceed—
(a) 10m if the slope of the natural ground
level at any cross section wider than 8m
r. 7
-- 16 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
15
of the site of the building is 2·5° or
more; and
(b) 9m in any other case.
(3) In addition to the limits imposed by sub-
regulation (2), and despite regulation 4.14, a
part of a building that is within 1m of a side
or rear boundary that is adjacent to a wall
complying with regulation 4.15—
(a) must be constructed so as to form an
angle not exceeding 30° from a line that
is perpendicular to the plane of the
wall; and
(b) must not exceed a height of 3·6m at a
setback of 1m from the boundary.
(4) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.11 Site coverage
(1) If—
(a) an allotment is in a zone of a planning
scheme specified in Schedule 3; and
(b) the Schedule to that zone in the
planning scheme specifies a maximum
site coverage for buildings—
buildings must not occupy more of the
allotment than the site coverage specified in
the Schedule to that zone in the planning
scheme.
(2) If sub-regulation (1) does not apply,
buildings must not occupy more than 60% of
an allotment.
r. 7
-- 17 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
16
(3) When calculating site coverage under sub-
regulation (1) or (2), eaves, fascia and
gutters not exceeding 600mm in total width,
unroofed swimming pools, unroofed
terraces, unroofed patios, unroofed decks
and pergolas may be disregarded.
(4) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.12 Permeability
(1) If a building is to be constructed on an
allotment, not more than 80% of the area of
the allotment can be covered by
impermeable surfaces.
(2) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.13 Car parking
(1) If a new Class 1 building is to be constructed
on an allotment, provision must be made for
2 car parking spaces on the allotment.
(2) Of the 2 car parking spaces—
(a) one space must be at least 6m long and
3·5m wide; and
(b) the second space must be at least 4·9m
long and 2·6m wide.
(3) A building may project into a car parking
space if it is at least 2·1 m above that space.
(4) Despite sub-regulation (2), if the 2 required
car parking spaces adjoin each other in a
garage or carport or in a space constrained
r. 7
-- 18 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
17
by walls, the double space may be 5·5m 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 in which case the number may be
reduced to 2.
(6) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.14 Side and rear setbacks
(1) If—
(a) an allotment is in a zone of a planning
scheme specified in Schedule 3; and
(b) the 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 the Schedule to
that zone in the planning scheme.
(2) If sub-regulation (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 4.14.
TABLE 4.14—SIDE AND REAR SETBACKS
Building height at any
Minimum setback from
side or rear boundary
r. 7
-- 19 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
18
point at that point
3·6m or less 1m
More than 3·6m but not
more than 6·9m
1m plus an additional
distance calculated at
the rate of 300mm for
every metre of height
over 3·6m
More than 6.9m 2m plus an additional
distance calculated at
the rate of 1m for every
metre of height over
6·9m
(3) The following may encroach into the setback
distance required by sub-regulation (1) or (2)
by not more than 500mm—
(a) porches and verandahs;
(b) masonry chimneys;
(c) sunblinds;
(d) screens referred to in
regulation 4.19(4)(d) or 4.19(5);
(e) flues and pipes;
(f) domestic fuel tanks and water tanks;
(g) heating and cooling equipment and
other services.
(4) The following may encroach into the setback
distance required by sub-regulation (1) or
(2)—
(a) landings with an area of not more than
2m2 and less than 1m high;
(b) unroofed stairways and ramps;
(c) pergolas;
(d) shade sails;
r. 7
-- 20 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
19
(e) eaves, fascia, gutters not more than
600mm in total width;
(f) carports (subject to regulation 4.15).
(5) This regulation does not apply to a wall
which complies with regulation 4.15.
(6) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
Note: The following diagram illustrates the operation
of aspects of regulation 4.14.
Regulation 4.14: Side and rear setbacks
side & rear
setback
profile 3.6m
max
6.9
m
9m
(max)
height
1m 1m 2.1m
4.1m
allotment
boundary
natural ground level
4.15 Walls on boundaries
(1) This regulation applies to the construction
of—
(a) a wall on or within 150mm of a side or
rear boundary of an allotment; or
(b) a carport constructed on or within 1m
of a side or rear boundary of an
r. 7
-- 21 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
20
allotment and which is open on the side
facing the boundary or boundaries.
(2) The length of the wall, or of the carport, or
of the wall and carport, must not, either by
itself or when combined with the length of
any existing wall or carport, exceed the
greater of the following lengths—
(a) 10m plus 25% of the remaining length
of the boundary of the allotment; or
(b) the length of any existing wall or
carport constructed on an adjoining
allotment which is within 150mm of the
boundary of that allotment if the
proposed construction abuts the
existing wall or carport.
(3) The wall or carport must not exceed—
(a) an average height of 3m; and
(b) a maximum height of 3·6m.
(4) Despite sub-regulation (3), if the wall or
carport abuts an existing wall or carport it
may be constructed to the same height as that
wall or carport.
(5) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.16 Daylight to existing habitable room
windows
(1) A building must be set back from a habitable
room window in an existing building on an
adjoining allotment to provide for a light
court to the window that has a minimum area
of 3m2 and a minimum dimension of 1m
clear to the sky.
r. 7
-- 22 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
21
(2) The area of the light court required under
sub-regulation (1) may include land on the
adjoining allotment.
(3) A wall or carport with an average height of
more than 3m 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° angle in the horizontal plane about a
vertical axis through the centre of the
window.
(4) For the purposes of sub-regulation (3), the
angle may be swung to not less than 35°
from the plane of the wall containing the
window.
(5) If the window referred to in sub-regulation
(3) is above ground floor level, then for the
purposes of that sub-regulation, the wall or
carport height is to be measured from the
floor level of the room containing the
window.
(6) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
Note: The following diagram illustrates the operation
of aspects of regulation 4.16(3).
Regulation 4.16: Daylight to existing windows
r. 7
-- 23 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
22
Regulation 4.16(3)
wall setback from the
window half the height of
the wall
55°
setback applies to a
wall with an average
height of more than
3m within a 55
° arc
from the centre of
the window
existing proposed
4.17 Solar access to existing north-facing
habitable room windows
(1) This regulation applies if—
(a) a building is to be constructed on an
allotment; and
(b) a north-facing habitable room window
or part of a window of an existing
dwelling on an adjoining allotment is
within 3m of a boundary of the
allotment on which the building is to be
constructed; and
(c) the window is orientated towards the
boundary.
(2) The proposed building must be set back from
the boundary not less than the distance
specified in Table 4.17 for a distance of 3m
from each side of the window or that part of
r. 7
-- 24 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
23
the window that is within 3m of the
boundary.
TABLE 4.17—SETBACKS FROM NORTH-
FACING WINDOWS
Building height at any
point
Minimum setback from
side or rear boundary
at that point
3·6m or less 1m
More than 3·6m but not
more than 6·9m
1m plus an additional
distance calculated at
the rate of 600mm for
every metre of height
over 3·6m
More than 6.9m 3m plus an additional
distance calculated at
the rate of 1m for every
metre of height over
6·9m
(3) For the purposes of sub-regulation (1), a
north-facing window is a window with an
axis perpendicular to its surface oriented
north 20° west to north 30° east.
(4) In this regulation "north" means true north.
(5) The following may encroach into the setback
distance required by sub-regulation (1) or (2)
by not more than 500mm and to a height not
exceeding 2·5m—
(a) flues and pipes;
(b) domestic fuel tanks and water tanks;
(c) heating and cooling equipment and
other services.
(6) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
r. 7
-- 25 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
24
Note: The following diagram illustrates the operation
of aspects of regulation 4.17.
Regulation 4.17: Daylight to existing windows
2m
5.1m
natural ground level
3.6m
3.3m
2.1m
existing north-
facing habitable
room window
height
9m
within
3m 2.1m
setback
profile
1m
Allotment
boundary
4.18 Overshadowing of recreational private open
space
(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 5 hours of sunlight between
9 a.m. and 3 p.m. 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 sub-regulation (1), the
amount of sunlight to that area must not be
further reduced by the construction of the
building.
(3) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
r. 7
-- 26 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
25
(4) In this regulation the required minimum area
of a recreational private open space is the
lesser of—
(a) 75% of the recreational private open
space; and
(b) 40m2 with a minimum dimension of
3m.
(5) In this regulation "recreational private
open space" means any part of private open
space on an allotment—
(a) which is—
(i) at the side or rear of an existing
dwelling on the allotment; or
(ii) within the front setback of an
existing dwelling on the allotment
and which is screened for at least
90% of its perimeter by a wall,
fence or other barrier that is at
least 1·5m high and that has no
more than 25% of its area open;
and
(b) which is primarily intended for outdoor
recreation activities.
4.19 Overlooking
(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 1·7m
above the floor level of the habitable room
r. 7
-- 27 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
26
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 1·7m above the floor
level of the habitable room; and
(c) the ground level below; and
(d) a horizontal distance of 9m 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 1·7m above the
floor level and along the perimeter of the
raised open space to any point within a
horizontal distance of 9m 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 9m referred to in
sub-regulation (2)(d) or (3) is to be measured
at 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
1·5m from the edge of one window to
the edge of the other; or
(b) it has a sill height at least 1·7m above
floor level; or
r. 7
-- 28 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
27
(c) it has obscure glazing in any part of the
window below 1·7m above floor level;
or
(d) the direct line of sight is obscured by a
permanent and fixed screen which has
no more than 25% 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% of
its area open.
(7) A window referred to in sub-regulation
(5)(c) may be openable 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 sub-regulation (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 1·8m
high at the boundary; and
(b) the floor level of the room or the raised
open space is less than 800mm above
ground level at the boundary.
(9) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
(10) In this regulation "raised open space"
means a landing with an area of more than
2m2 , a balcony, a terrace, a deck or a patio.
r. 7
-- 29 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
28
(11) In this regulation "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 1·5m high and
that has no more than 25% of its area
open; and
(b) which is primarily intended for outdoor
recreation activities.
4.20 Daylight to habitable room windows
(1) A habitable room window of a building on
an allotment must face—
(a) an outdoor space or light court with a
minimum area of 3m2 and minimum
dimension of 1m clear to the sky, not
including land on an adjoining
allotment; or
(b) a verandah on the allotment if it is open
for at least one third of its perimeter; or
(c) a carport on the allotment if—
(i) it has 2 or more sides open; and
(ii) it is open for at least one third of
its perimeter.
(2) For the purposes of sub-regulation (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
500mm from another building on the
allotment or the adjoining allotment
boundary.
(3) The consent and report of the relevant
council must be obtained to an application
-- 30 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
29
for a building permit in relation to a design
which does not comply with this regulation.
4.21 Private open space
(1) If—
(a) an allotment is in a zone of a planning
scheme specified in Schedule 3; and
(b) the 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 the Schedule to
that zone in the planning scheme.
(2) If sub-regulation (1) does not apply, a Class
1 building on an allotment must have private
open space of not less than 80m2 or 20% of
the area of the allotment, whichever is the
lesser.
(3) For the purposes of this regulation, the
private open space must include an area at
the side or rear of the building—
(a) that is at least 25m2 with a minimum
dimension of 3m; and
(b) that has convenient access from a
habitable room (other than a bedroom).
(4) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
r. 7
-- 31 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
30
Division 3—Siting of Class 10a buildings
4.22 Siting of Class 10a buildings
(1) Unless otherwise approved under the
Subdivision Act 1988 or any corresponding
previous enactment, a Class 10a building
must be on the same allotment as a building
of another class to which it is appurtenant.
(2) The consent and report of the relevant
council must be obtained to an application
for a building permit for the construction of a
building which does not comply with sub-
regulation (1).
Division 4—Class 10b Buildings
4.23 Application of Division
This Division applies to the construction of
Class 10b buildings on an allotment.
4.24 Front fence height
(1) If—
(a) an allotment is in a zone of a planning
scheme specified in Schedule 3; and
(b) the Schedule to that zone in the
planning scheme specifies a maximum
height for a fence, or part of a fence,
that is within 3m of the street alignment
at the front of an allotment—
the height of a fence, or part of a fence, that
is within 3m of the street alignment at the
front of that allotment must not exceed the
relevant maximum height specified in the
r. 7
-- 32 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
31
Schedule to that zone in the planning
scheme.
(2) If sub-regulation (1) does not apply, the
height of a fence, or part of a fence, that is
within 3m of the street alignment at the front
of that allotment must not exceed the
relevant maximum height specified in
Table 4.24.
TABLE 4.24—FRONT FENCE HEIGHTS
Street type Maximum fence height
A declared road under
the Transport Act 1983
2m
Any other street 1·5m
(3) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.25 Fence setbacks from side and rear
boundaries
(1) A fence exceeding 2m in height associated
with a dwelling must be set back from a side
or rear boundary not less than the distance
specified in respect of that boundary in
Table 4.25.
TABLE 4.25—SIDE AND REAR SETBACKS
Fence height at any
point
Minimum setback from
side or rear boundary
at that point
More than 2·0m but not
more than 3·6m
1m
More than 3·6m but not
more than 6·9m
1m plus an additional
distance calculated at
the rate of 300mm for
r. 7 r. 7
-- 33 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
32
Fence height at any
point
Minimum setback from
side or rear boundary
at that point
every metre of height
over 3·6m
More than 6·9m 2m plus an additional
distance calculated at
the rate of 1m for every
metre of height over
6·9m
(2) This regulation does not apply to a fence that
complies with regulation 4.26.
(3) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.26 Fences on side or rear boundaries
(1) The total length of fences that are associated
with a dwelling and that are more than 2m in
height and that are constructed on, or within
150mm of, a side or rear boundary of an
allotment, when combined with the length of
any wall, or carport, or wall and carport
constructed in accordance with regulation
4.15(2) must not exceed the greater of the
following lengths—
(a) 10m plus 25% of the remaining length
of the boundary of the allotment; or
(b) the length of any wall or carport
constructed on an adjoining allotment
that is within 150mm of the boundary
of that allotment and that abuts those
fences.
r. 7
-- 34 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
33
(2) A fence constructed within 150mm of a side
or rear boundary of an allotment must not
exceed—
(a) an average height of 3m; and
(b) a maximum height of 3·6m along the
boundary.
(3) Despite sub-regulation (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—
(a) it is not more than 2·5m in height; and
(b) it is provided to comply with
regulation 4.19 or with a planning
scheme that regulates the same matter
as regulation 4.19; and
(c) the area of the fence between 2·0m and
2·5m in height has between 20% and
25% of its area open.
(5) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.27 Fences on street alignments
(1) The consent and report of the relevant
council must be obtained to an application
for a building permit to construct a fence
within 9m of a point of intersection of street
alignments and exceeding a height of 1·2m
above the footpath.
(2) A fence adjacent to a street alignment or
public open space must not contain barbed
wire or other sharp protrusions unless—
r. 7
-- 35 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
34
(a) the fence is set back at least 150mm
from the street alignment or boundary
of the public open space; or
(b) the barbed wire or other sharp
protrusion is at a height of at least 2m
above the level of the street or public
open space.
4.28 Fences and daylight to existing habitable
room windows
(1) A fence more than 2m in height must be set
back from a habitable room window in an
existing building on an adjoining allotment
to provide for a light court to the window
that has a minimum area of 3m2 and a
minimum dimension of 1m clear to the sky.
(2) The area of the light court required under
sub-regulation (1) may include land on the
adjoining allotment.
(3) A fence with an average height of more than
3m 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 fence if the fence is
within a 55° angle in the horizontal plane
about a vertical axis through the centre of the
window.
(4) For the purposes of sub-regulation (3), the
angle may be swung to not less than 35°
from the plane of the wall containing the
window.
(5) If the window referred to in sub-regulation
(3) is above ground floor level, then for the
purposes of that sub-regulation, the fence
r. 7
-- 36 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
35
height is to be measured from the floor level
of the room containing the window.
(6) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.29 Fences and solar access to existing north-
facing habitable room windows
(1) This regulation applies if—
(a) a fence more than 2m in height is to be
constructed on an allotment; and
(b) a north-facing habitable room window
or part of a window of an existing
dwelling on an adjoining allotment is
within 3m of a boundary of the
allotment on which the fence is to be
constructed; and
(c) the window is orientated towards the
boundary.
(2) The proposed fence must be set back from
the boundary not less than the distance
specified in Table 4.29 for a distance of 3m
from the edge of each side of the window or
that part of the window that is within 3m of
the boundary.
TABLE 4.29—SETBACKS FROM NORTH-
FACING WINDOWS
Fence height at any
point
Minimum setback from
side or rear boundary
at that point
3·6m or less 1m
More than 3·6m but not
more than 6·9m
1m plus an additional
distance calculated at
the rate of 600mm for
every metre of height
r. 7
-- 37 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
36
over 3·6m
More than 6·9m 3m plus an additional
distance calculated at
the rate of 1m for every
metre of height over
6·9m
(3) For the purposes of sub-regulation (1), a
north-facing window is a window with an
axis perpendicular to its surface oriented
north 20° west to north 30° east.
(4) In this regulation "north" means true north.
(5) The consent and report of the relevant
council must be obtained to an application
for a building permit in relation to a design
which does not comply with this regulation.
4.30 Fences and overshadowing of recreational
private open space
(1) A fence more than 2m in height 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
5 hours of sunlight between 9 a.m. and 3
p.m. on 22 September.
(2) If a fence 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 sub-regulation (1), the
amount of sunlight to that area must not be
further reduced by the construction of the
fence.
(3) The consent and report of the relevant
council must be obtained to an application
r. 7
-- 38 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
37
for a building permit in relation to a design
which does not comply with this regulation.
(4) In this regulation the required minimum area
of a recreational private open space is the
lesser of—
(a) 75% of the recreational private open
space; and
(b) 40m2 with a minimum dimension of
3m.
(5) In this regulation "recreational private
open space" means any part of private open
space on an allotment—
(a) which is—
(i) at the side or rear of an existing
dwelling on the allotment; or
(ii) within the front setback of an
existing dwelling on the allotment
and which is screened for at least
90% of its perimeter by a wall,
fence or other barrier that is at
least 1·5m high and that has no
more than 25% of its area open;
and
(b) which is primarily intended for outdoor
recreation activities.
4.31 Masts, poles etc.
The consent and report of the relevant
council must be obtained to an application
for a building permit to construct a mast,
pole, aerial, antenna, chimney, flue, pipe or
other service pipe which—
r. 7
-- 39 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
38
(a) when attached to a building, exceeds a
height of 3m above the highest point of
the roof of the building; or
(b) when not attached to a building,
exceeds 8m above ground level.'.
8. New Schedule 3 inserted
After Schedule 2 to the Building Regulations
1994 insert—
"SCHEDULE 3
PLANNING SCHEMES
Name of planning scheme Name of zone
Monash Planning Scheme Residential 1 Zone (R1Z)
Residential 2 Zone (R2Z)
Mixed Use Zone (MUZ)".
═══════════════
r. 8
-- 40 of 41 --
S.R. No. 171/2001
Building (Single Dwellings) Regulations 2001
39
ENDNOTES
1 Reg. 1: S.R. No. 81/1994. Reprint No. 5 as at 28 October 1999.
Subsequently amended by S.R. Nos 109/2000, 110/2000, 16/2001 and
82/2001.
——
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 1994
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate
Legislation Regulations 1994.
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 8 Monash Planning Scheme
made under the Planning and
Environment Act 1987 as
that planning scheme is
amended and in force from
time to time
Schedules to
Residential 1
Zone,
Residential 2
Zone and Mixed
Use Zone and
the provisions of
the Planning
Scheme
(including the
planning scheme
maps)
identifying those
Zones
Endnotes
-- 41 of 41 --