Building (Single Dwellings) (Interim) Regulations 2001 (Vic)

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

i

Regulation Page

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

ii

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 19941—

(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

Building (Single Dwellings) (Interim) Regulations 2001

S.R. No. 82/2001

(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 substitute—

"Council Building over an easement reg. 2.4(1)

Building (Single Dwellings) (Interim) Regulations 2001

S.R. No. 82/2001	r. 6
Projections beyond street	reg. 3.12
alignment
Buildings above or below	reg. 3.15
certain public facilities
Setback from a street	reg. 4.8(2)
boundary not complying with reg. 4.8
Setback from a street	reg. 4.9(3)
boundary not complying with reg. 4.9
Building height not	reg. 4.10(2)
complying with reg. 4.10
Site coverage not	reg. 4.11(3)
complying with reg. 4.11
Impermeable surfaces	reg. 4.12(2)
covering more than 80% of an allotment area
Car parking spaces not	reg. 4.13(6)
complying with reg. 4.13
Side or rear boundary	reg. 4.14(4)
setbacks not complying with reg. 4.14
Walls or carports not	reg. 4.15(6)
complying with reg. 4.15
Building setbacks not	reg. 4.16(6)
complying with reg. 4.16 (daylight to existing habitable room window)
Building setbacks not	reg. 4.17(4)
complying with reg. 4.17 (solar access)
Building design not	reg. 4.18(3)
complying with reg. 4.18 (overshadowing of secluded private open space)
Window or raised open	reg. 4.19(7)
space not complying with reg. 4.19 (overlooking)
Building design not	reg. 4.20(3)
complying with reg. 4.20 (daylight to new habitable room window)
Private open space not	reg. 4.21(3)

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complying with reg. 4.21

Siting of appurtenant	reg. 4.22(2)
Class 10 buildings
Front fence height not	reg. 4.24(2)
complying with reg. 4.24
Fence setback on side or	reg. 4.25(3)
rear boundary not complying with reg. 4.25
Length or height of side or	reg. 4.26(5)
rear boundary fence not complying with reg. 4.26
A fence within 9m. of an	reg. 4.27(1)
intersection
Fence setback not	reg. 4.28(6)
complying with reg. 4.28 (daylight to existing habitable room window)
Fence setback not	reg. 4.29(4)
complying with reg. 4.29 (solar access)
Fence design not	reg. 4.30(3)
complying with reg. 4.30 (overshadowing of secluded private open space)
Mast, pole, aerial, antenna,	reg. 4.31
chimney flue pipe or other service pipe
Precautions over a street	reg. 5.3(4)
Point of discharge of storm	reg. 5.9(2)
water
Installation of soil and	reg. 6.1
waste disposal reticulation system in unsewered area or construction of a
building over an existing reticulation system in an unsewered area
Construction of buildings	reg. 6.2(3)
on land liable to flooding
Building on designated	reg. 6.6(2)".
land

7. Time limits

Building (Single Dwellings) (Interim) Regulations 2001

S.R. No. 82/2001 r. 7

(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

Building (Single Dwellings) (Interim) Regulations 2001

r. 8 S.R. No. 82/2001

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)	thirds of its perimeter by walls, fences or other barriers at least

which is enclosed for at least two- 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

Building (Single Dwellings) (Interim) Regulations 2001

S.R. No. 82/2001	r. 8
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)	which was registered on or after

the land is on a plan of subdivision 2003; and

(c) a building permit for the construction of the building is issued before 1 January 2003.

4.3. References to planning schemes
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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

Building (Single Dwellings) (Interim) Regulations 2001

S.R. No. 82/2001 r. 8

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 Minimum

Development	Minimum setback	setback from a
Context	from front street	side street
Existing	The average	Not applicable
dwellings on	distance of the
adjoining	setbacks of the
allotments facing	front walls of the
the same street	existing buildings on the adjoining allotments facing the front street, or
Adjoining	Minimum
Development	Minimum setback	setback from a

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Context	from front street	side street
9m., whichever is the lesser.
Existing dwelling	The same	Not applicable
on one adjoining	distance as the
allotment facing	setback of the
the same street	front wall of the
and no building	existing building
on the other	on the adjoining
adjoining	allotment facing
allotment facing	the same street, or
the same street	9m., whichever is the lesser.
No existing	6m. for a building	Not applicable
dwellings on	facing a declared
adjoining	road.
allotments facing	4m. for a building
the same street.	facing any other street.
Corner allotment	If there is a	If there is a
building on the	building on the
adjoining	adjoining
allotment facing	allotment facing
the same street,	the same street,
the same distance	the same
as the setback of	distance as the
the front wall of	setback of the
the existing	front wall of the
building on the	existing building
adjoining	on the adjoining
allotment facing	allotment facing
the front street, or	the side street or
9m., whichever is	2m., whichever
the lesser.	is the lesser.
In any other case,	In any other
6m. in respect of	case, 2m..
a declared road and 4m. in respect of other streets.

(2) The following may encroach into the setback

distance required by sub-regulation (1) by
not more than 2·5 metres—

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r. 8

S.R. No. 82/2001

(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.

Building (Single Dwellings) (Interim) Regulations 2001
S.R. No. 82/2001

(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.

Building (Single Dwellings) (Interim) Regulations 2001

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r. 8

S.R. No. 82/2001

(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

Minimum setback from

Building height at any	side or rear boundary at
point	that point
3·6m. or less	1m.
More than 3·6m. but not	1m plus an additional
more than 6·9m.	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;

Building (Single Dwellings) (Interim) Regulations 2001

S.R. No. 82/2001

(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

Building (Single Dwellings) (Interim) Regulations 2001

S.R. No. 82/2001 r. 8

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.

Building (Single Dwellings) (Interim) Regulations 2001

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(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.

Building (Single Dwellings) (Interim) Regulations 2001

S.R. No. 82/2001 r. 8

(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—
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(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

Minimum setback from

Building height at any	side or rear boundary at
point	that point
3·6m. or less	1m.
More than 3·6m. but not	1m. plus an additional
more than 6·9m.	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.

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S.R. No. 82/2001 r. 8

(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.

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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

Building (Single Dwellings) (Interim) Regulations 2001

S.R. No. 82/2001 r. 8

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 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

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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 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.

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(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).

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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	2m.
the Transport Act 1983
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

Minimum setback
from side or rear
boundary at that

Fence height at any point	point
3·6m. or less	1m.

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More than 3·6m. but not	1m. plus an
more than 6·9m.	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.

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(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

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alignment or boundary of the public open space; or

(b) protrusion is at a height of at least

the barbed wire or other sharp 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

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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

Minimum setback
from side or rear
boundary at that

Fence height at any point point

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3·6m. or less	1m.
More than 3·6m. but not	1m. plus an
more than 6·9m.	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

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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.

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(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	reg. 3.12
alignment
Buildings above or below	reg. 3.15
certain public facilities
Appurtenant Class 10	reg. 4.22(2)
buildings
A fence within 9m of an	reg. 4.27(1)
intersection
Mast, pole, aerial, antenna,	reg. 4.31
chimney flue pipe or other service pipe
Precautions over a street	reg. 5.3(4)
Point of discharge of storm	reg. 5.9(2)
water
Installation of soil and	reg. 6.1
waste disposal reticulation system in unsewered area or construction of a
building over an existing reticulation system in an unsewered area
Construction of buildings	reg. 6.2(3)
on land liable to flooding
Building on designated	reg. 6.6(2)";
land

(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.

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(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.

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Building (Single Dwellings) (Interim) Regulations 2001

Endnotes

S. R. No. 82/2001

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.