Building (Single Dwellings) (Interim) Regulations 2001

i Building (Single Dwellings) (Interim) Regulations 2001 S.R. No. 82/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Exemptions 2 5. Information to accompany applications 2 6. Reporting authorities 2 7. Time limits 4 8. New Part 4 substituted 5 PART 4—SITING 5 Division 1—Introductory Matters 5 4.1. Definitions 5 4.2. Application of this Part 7 4.3. References to planning schemes 7 4.4. What is an existing building? 8 4.5. What is a single dwelling? 8 4.6. Application of section 188A of the Act 8 Division 2—Single Class 1 Buildings and Associated Class 10 Buildings 9 4.7. Application of Division 9 4.8. Maximum street setback 9 4.9. Minimum street setbacks 9 4.10. Building height 11 4.11. Site coverage 11 4.12. Permeability 12 4.13. Car parking 12 4.14. Side and rear setbacks 13 4.15. Walls on boundaries 15 4.16. Daylight to existing habitable room windows 16 4.17. Solar access to existing north-facing habitable room windows 17 4.18. Overshadowing of secluded private open space 19 4.19. Overlooking 20 -- 1 of 35 -- Regulation Page ii 4.20. Daylight to new habitable room windows 22 4.21. Private open space 23 Division 3—Siting of Class 10a buildings 23 4.22. Siting of Class 10a buildings 23 Division 4—Class 10b Buildings 24 4.23. Application of Division 24 4.24. Front fence height 24 4.25. Fence setbacks from side and rear boundaries 24 4.26. Fences on side or rear boundaries 25 4.27. Fences on street alignments 26 4.28. Fences and daylight to existing habitable room windows 27 4.29. Fences and solar access to existing north-facing habitable room windows 28 4.30. Fences and overshadowing of secluded private open space 29 4.31. Masts, poles etc. 30 9. Revocation of amendments 30 10. Expiry 32 ═══════════════ ENDNOTES 33 -- 2 of 35 -- 1 STATUTORY RULES 2001 S.R. No. 82/2001 Building Act 1993 Building (Single Dwellings) (Interim) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 21 August 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 -- 3 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 2 (1) These Regulations (except regulation 9) come into operation on 24 August 2001. (2) Regulation 9 comes into operation on 23 December 2001. 4. Exemptions In regulation 1.6(1) of the Building Regulations 1994, in Table 1.6, in Column 2 of paragraph (a), for "4.2(4) and 4.2(5)" substitute "4.22(1) and 4.22(2)". 5. Information to accompany applications In regulation 2.1(2)(c) of the Building Regulations 1994— (a) in sub-paragraph (iii)(C), after "any part of a building" insert "or land"; (b) 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 secluded private open space for the purposes of regulation 4.21; and". 6. 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) -- 4 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 3 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(2) Setback from a street boundary not complying with reg. 4.9 reg. 4.9(3) Building height not complying with reg. 4.10 reg. 4.10(2) Site coverage not complying with reg. 4.11 reg. 4.11(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(4) Walls or carports not complying with reg. 4.15 reg. 4.15(6) 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(4) Building design not complying with reg. 4.18 (overshadowing of secluded private open space) reg. 4.18(3) Window or raised open space not complying with reg. 4.19 (overlooking) reg. 4.19(7) Building design not complying with reg. 4.20 (daylight to new habitable room window) reg. 4.20(3) Private open space not reg. 4.21(3) r. 6 -- 5 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 4 complying with reg. 4.21 Siting of appurtenant Class 10 buildings reg. 4.22(2) Front fence height not complying with reg. 4.24 reg. 4.24(2) 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 intersection reg. 4.27(1) 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(4) Fence design not complying with reg. 4.30 (overshadowing of secluded 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)". 7. Time limits r. 6 -- 6 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 5 (1) In regulation 2.5 of the Building Regulations 1994, for "The following time limits" substitute "Subject to sub-regulation (2), the following time limits". (2) At the end of regulation 2.5 of the Building Regulations 1994 insert— "(2) Despite sub-regulation (1), the time after receipt of copy of application for reporting authority to report on or consent to an application relating to a single dwelling under clause 6 of Schedule 2 of the Act if consent and report is required in relation to a matter referred to in Division 2 of Part 4 is 15 business days.". 8. 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 r. 7 -- 7 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 6 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 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 Class 10b building associated with a Class 1 building; "secluded private open space" means any part of private open space— (a) which is primarily intended for outdoor recreation activities; and (b) which is enclosed for at least two- thirds of its perimeter by walls, fences or other barriers at least 1·5 metres high above finished ground level; "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 r. 8 -- 8 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 7 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) 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 siting of that building. (3) Regulations 4.18 and 4.19 do not 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 r. 8 -- 9 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 8 A reference in this Part 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 (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 r. 8 -- 10 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 9 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 building must not be set back from the front street boundary more than one-third of the depth of the allotment. (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. 4.9. Minimum street setbacks (1) 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 Context Minimum setback from front street Minimum setback from 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 Not applicable Adjoining Development Minimum setback Minimum setback from a r. 8 -- 11 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 10 Context from front street side street 9m., whichever is the lesser. 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 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. 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 side street or 2m., whichever is the lesser. In any other case, 6m. in respect of a declared road and 4m. in respect of other streets. In any other case, 2m.. (2) The following may encroach into the setback distance required by sub-regulation (1) by not more than 2·5 metres— r. 8 -- 12 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 11 (a) porches, verandahs and pergolas that have a maximum height of less than 3·6 metres above natural ground level; (b) eaves, fascia and gutters; (c) sunblinds and shade sails; (d) screens referred to in regulation 4.19(3)(d) or 4.19(4). (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) In this regulation "declared road" means a declared road within the meaning of the Transport Act 1983. (5) 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) The height of a building must not exceed— (a) 10 metres if the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2·5° or more; and (b) 9 metres in any other case. (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. 4.11. Site coverage (1) Buildings must not occupy more than 60% of an allotment. r. 8 r. 8 -- 13 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 12 (2) When calculating site coverage under sub- regulation (1), unroofed swimming pools, unroofed terraces and eaves may be disregarded. (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. 4.12. 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 6 metres long and 3·5 metres wide; and (b) the second space must be at least 4·9 metres long and 2·6 metres wide. (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 2 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. -- 14 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 13 (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) 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 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 300mm. for every metre of height over 3·6m. More than 6.9m. 2m. plus an additional distance calculated at the rate of 1 metre for every metre of height over 6·9m. (2) The following may encroach into the setback distance required by sub-regulation (1) by not more than 500 millimetres— (a) porches and verandahs; (b) eaves, fascia and gutters; (c) masonry chimneys; (d) sunblinds; r. 8 r. 8 -- 15 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 14 (e) screens referred to in regulation 4.19(3)(d) or 4.19(4); (f) flues and pipes; (g) domestic fuel tanks and water tanks; (h) heating and cooling equipment and other services. (3) The following may encroach into the setback distance required by sub-regulation (1)— (a) landings with an area of not more than 2 square metres and less than 1 metre high; (b) stairways and ramps; (c) pergolas; (d) shade sails; (e) carports (subject to regulation 4.15). (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) This regulation does not apply to a wall which complies with regulation 4.15. Note: The following diagram illustrates the operation of aspects of regulation 4.14. Regulation 4.14: Side and rear setbacks -- 16 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 15 4.15. Walls on boundaries (1) This regulation applies to the construction of— (a) a new wall on or within 150 millimetres of a side or rear boundary of an allotment; (b) a new carport constructed on or within 1 metre of a side or rear boundary of an allotment. (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, be greater than the greater of— (a) 10 metres 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 which is within 150 millimetres of the boundary of that allotment. r. 8 -- 17 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 16 (3) A wall or carport constructed within 150 millimetres of a side or rear boundary of an allotment must not exceed an average height of 3 metres and a maximum height of 3·6 metres along the boundary. (4) Despite sub-regulation (3), if a wall or carport abuts an existing wall it may be constructed to the same height as that wall. (5) When calculating the height of a wall or carport under this regulation, chimneys, flues and gutters may be disregarded. (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. 4.16. 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 3 square metres and a minimum dimension of 1 metre 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 wall or carport with an average height of more than 3 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° angle in the horizontal plane about a vertical axis through the centre of the window. r. 8 -- 18 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 17 (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 diagrams illustrate the operation of aspects of regulation 4.16. Regulation 4.16: Daylight to existing windows 4.17. Solar access to existing north-facing habitable room windows (1) This regulation applies if— r. 8 -- 19 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 18 (a) a building is to be constructed on an allotment; and (b) a north-facing habitable room window of an existing dwelling on an adjoining allotment is within 3 metres 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 3 metres from the edge of each side of the window. 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. r. 8 -- 20 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 19 (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. 4.18. Overshadowing of secluded private open space (1) A building constructed on an allotment must not reduce the sunlight to a secluded private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the secluded 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 secluded 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. (4) In this regulation the required minimum area of a secluded private open space is the lesser of— (a) 75% of the secluded private space; and (b) 40 square metres with a minimum dimension of 3 metres. r. 8 -- 21 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 20 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 the secluded private open space or a habitable room window of an existing dwelling on an adjoining allotment within a horizontal distance of 9 metres (measured at ground level) of the window or raised open space. (2) The direct line of sight referred to in sub- regulation (1) must be measured within a 45° angle from the plane of the window or perimeter of the raised open space and from a height of 1·7 metres above the floor level of the habitable room or raised open space. (3) A habitable room window complies with this regulation if— (a) it is offset a minimum of 1·5 metres from the edge of one window to the edge of the other; or (b) it has a sill height at least 1·7 metres above floor level; or (c) it has obscure glazing in any part of the window below 1·7 metres above floor level; or (d) it is obscured by a permanent and fixed screen which has no more than 25% of its area open. (4) A raised open space complies with this regulation if the direct line of sight into the habitable room window or secluded private open space on the adjoining allotment is obscured by a permanent and fixed screen r. 8 -- 22 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 21 which has no more than 25% of its area open. (5) A window referred to in sub-regulation (3)(c) may be openable provided that when open the obscure glazing does not permit a direct line of sight into the secluded private open space or habitable room window referred to in sub-regulation (1). (6) This regulation does not apply to a new habitable room window that faces a property boundary if— (a) there is a visual barrier at least 1·8 metres high at the boundary; and (b) the floor level of the room is less than 800 millimetres above ground level at the boundary. (7) 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. (8) In this regulation "raised open space" means— (a) a landing with an area of more than 2 square metres and with a floor height of 800 millimetres or more above natural ground level at the boundary; or (b) a balcony, terrace, deck or patio with a floor height of 800 millimetres or more above natural ground level at the boundary. Note: The following diagrams illustrate the operation of aspects of regulation 4.19. Regulation 4.19: Overlooking r. 8 -- 23 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 22 4.20. Daylight to new habitable room windows (1) A habitable room window of a building on an allotment must face— (a) an outdoor space clear to the sky, not including land on an adjoining allotment; or (b) a lightcourt with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an adjoining allotment; or (c) a verandah on the allotment if it is open for at least one third of its perimeter; or (d) 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 500 millimetres from another building on the allotment or the adjoining allotment boundary. r. 8 -- 24 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 23 (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. 4.21. Private open space (1) A Class 1 building on an allotment must have private open space of not less than 80 square metres or 20% of the area of the allotment, whichever is the lesser. (2) For the purposes of this regulation, the private open space must include one part of secluded private open space at the side or rear of the building with— (a) an area of at least 25 square metres with a minimum dimension of 3 metres; and (b) convenient access from a habitable room (other than a bedroom). (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. 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). r. 8 -- 25 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 24 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) The height of a fence, or part of a fence, that is within 3 metres 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. (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. 4.25. Fence setbacks from side and rear boundaries (1) A fence associated with a dwelling exceeding 3 metres in height 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 3·6m. or less 1m. r. 8 -- 26 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 25 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 1 metre 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 2 metres in height and that are constructed on, or within 150 millimetres of, a side or rear boundary of an allotment must not exceed, along the boundary, the greater of the following lengths— (a) 10 metres 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 150 millimetres of the boundary of that allotment and that abuts those fences. r. 8 -- 27 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 26 (2) A fence constructed within 150 millimetres of a side or rear boundary of an allotment must not exceed— (a) an average height of 3 metres; (b) a height of 3·6 metres 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 2·5 metres in height; and (b) it is provided to comply with regulation 4.19; and (c) the area of the fence between 2·0 metres and 2·5 metres 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 9 metres of a point of intersection of street alignments and exceeding a height of 1·2 metres 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— (a) the fence is set back at least 150 millimetres from the street r. 8 -- 28 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 27 alignment or boundary of the public open space; or (b) the barbed wire or other sharp protrusion is at a height of at least 2 metres 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 2 metres 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 3 square metres and a minimum dimension of 1 metre 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 3 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 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. 8 -- 29 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 28 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 2 metres in height is to be constructed on an allotment; and (b) a north-facing habitable room window of an existing dwelling on an adjoining allotment is within 3 metres 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 3 metres from the edge of each side of the window. TABLE 4.29—SETBACKS FROM NORTH- FACING WINDOWS Fence height at any point Minimum setback from side or rear boundary at that point r. 8 -- 30 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 29 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 1 metre 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) 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 secluded private open space (1) A fence more than 2 metres in height constructed on an allotment must not reduce the sunlight to a secluded private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the secluded 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 secluded private open space on an adjoining allotment is less than the amount required under sub-regulation (1), the r. 8 -- 31 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 30 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 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 secluded private open space is the lesser of— (a) 75% of the secluded private space; and (b) 40 square metres with a minimum dimension of 3 metres. 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— (a) when attached to a building, exceeds a height of 3 metres above the highest point of the roof of the building; or (b) when not attached to a building, exceeds 8 metres above ground level.'. 9. Revocation of amendments (1) In regulation 2.1(2)(c) of the Building Regulations 1994, sub-paragraphs (vii), (viii) and (ix) are revoked. r. 8 -- 32 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 31 (2) 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 Appurtenant Class 10 buildings reg. 4.22(2) A fence within 9m of an intersection reg. 4.27(1) 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)"; (3) In regulation 2.5 of the Building Regulations 1994— (a) in sub-regulation (1), for "Subject to sub- regulation (2), the following time limits" substitute "The following time limits"; (b) sub-regulation (2) is revoked. (4) In regulation 4.2 of the Building Regulations 1994, sub-regulations (2) and (3) are revoked. (5) Regulations 4.3, 4.4, 4.5 and 4.6 of the Building Regulations 1994 are revoked. r. 9 -- 33 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 32 (6) Divisions 2 and 4 of Part 4 (other than regulations 4.27 and 4.31) of the Building Regulations 1994 are revoked. 10. Expiry These Regulations expire on 24 December 2001. ═══════════════ r. 10 -- 34 of 35 -- S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001 33 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 and 16/2001. Endnotes -- 35 of 35 --