Building (Single Dwellings) Regulations 2001 (Vic)

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

i

Regulation Page

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

ii

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 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

These Regulations come into operation on
23 December 2001.

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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 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
Setback from a street	reg. 4.8(3)
boundary not complying with reg. 4.8
Setback from a street	reg. 4.9(4)
boundary not complying with reg. 4.9
Building height not	reg. 4.10(4)
complying with reg. 4.10
Site coverage not	reg. 4.11(4)
complying with reg. 4.11

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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(6)
setbacks not complying with reg. 4.14
Walls or carports not	reg. 4.15(5)
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(6)
complying with reg. 4.17 (solar access)
Building design not	reg. 4.18(3)
complying with reg. 4.18 (overshadowing of recreational private open space)
Window or raised open	reg. 4.19(9)
space not complying with reg. 4.19 (overlooking)
Building design not	reg. 4.20(3)
complying with reg. 4.20 (daylight to habitable room window)
Private open space not	reg. 4.21(4)
complying with reg. 4.21
Siting of appurtenant	reg. 4.22(2)
Class 10 buildings
Front fence height not	reg. 4.24(3)
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)

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R. No. 171/2001

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(5)

complying with reg. 4.29
(solar access)

Fence design not reg. 4.30(3)

complying with reg. 4.30
(overshadowing of
recreational 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

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

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S.R. No. 171/2001 r. 6

Act or 10 Class 2–9

Matter	provision	buildings	buildings
Relevant	Schedule 2	3 business	5 business
building	clause 4(2)	days	days
surveyor to give reporting authority a copy of an application
Time after	Schedule 2	5 business	10 business
receipt of	clause 6	days	days
copy of application for reporting authority to report on or consent to application
Time after	Schedule 2	15 business	Not
receipt of	clause 6	days	applicable
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
Class 1

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Act or 10 Class 2–9

Matter	provision	buildings	buildings
Time after	Schedule 2	15 business	15 business
receipt of	clause 6A	days	days
copy of application for responsible authority to report on or consent to application
Time for	section 19	10 business	15 business
relevant	days	days
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
Class 1
Act	or 10	Class 2–9

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Matter	provision	buildings	buildings
Further	Schedule 2	3 calendar	6 calendar
time for	clause 5(4)	months	months
applicant to supply a report or consent of a reporting authority to relevant building surveyor

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

Building (Single Dwellings) Regulations 2001

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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, 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

Building (Single Dwellings) Regulations 2001

S.R. No. 171/2001 r. 7

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

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

Building (Single Dwellings) Regulations 2001

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(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

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S.R. No. 171/2001 r. 7

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	Minimum	Minimum
Development	setback from	setback from

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Context	front street	a side street
Existing	The average	Not applicable
dwellings on	distance of the
adjoining	setbacks of the
allotments	front walls of
facing the same	the existing
street	buildings on the adjoining allotments
facing the front street, or 9m, whichever is the lesser
Existing	The same	Not applicable
dwelling on	distance as the
one adjoining	setback of the
allotment	front wall of
facing the same	the existing
street and no	building on the
building on the	adjoining
other adjoining	allotment
allotment	facing the same
facing the same	street, or 9m,
street	whichever is the lesser
No existing	6m for a	Not applicable
dwellings on	building facing
adjoining	a declared road
allotments	4m for a
facing the same	building facing
street	any other street
Adjoining	Minimum	Minimum
Development	setback from	setback from
Context	front street	a side street

Building (Single Dwellings) Regulations 2001

S.R. No. 171/2001 r. 7

Corner

allotment

If there is a	The same	The same
building on the	distance as the	distance as the
adjoining	setback of the	setback of the
allotment	front wall of	front wall of
facing the same	the existing	the existing
street	building on the	building on
adjoining	the adjoining
allotment	allotment
facing the front	facing the side
street, or 9m,	street or 2m,
whichever is	whichever is
the lesser	the lesser
Corner allotment
If there is no	6m for a	2m
building on the	building facing
adjoining	a declared road
allotment	4m for a
facing the same	building facing
street	any other street

(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.

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(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

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S. R. No. 171/2001

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.

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(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

Building (Single Dwellings) Regulations 2001

S.R. No. 171/2001 r. 7

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)	planning scheme specifies minimum

the Schedule to that zone in the 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

Minimum setback from

Building height at any side or rear boundary

Building (Single Dwellings) Regulations 2001

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point	at 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 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;

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S.R. No. 171/2001 r. 7

(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

4.1m

1m 1m 2.1m

9m (max)

6.9 height

side & rear	m
setback	3.6m
profile	max

natural ground level

allotment boundary

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

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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)	carport constructed on an adjoining allotment which is within 150mm of the boundary of that allotment if the

the length of any existing wall or 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.

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S.R. No. 171/2001 r. 7

(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

Building (Single Dwellings) Regulations 2001

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Regulation 4.16(3)

existing proposed

setback applies to a

55°	wall with an average height of more than
3m within a 55° arc
from the centre of the window

wall setback from the
window half the height of

the wall

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

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S.R. No. 171/2001 r. 7

the window that is within 3m of the

boundary.

TABLE 4.17—SETBACKS FROM NORTH-

FACING WINDOWS

Minimum setback from

Building height at any	side or rear boundary
point	at 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.

(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.

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Note: The following diagram illustrates the operation of aspects of regulation 4.17.

Regulation 4.17: Daylight to existing windows

5.1m	setback profile
2m	2.1m

1m

within

3m 2.1m

height

3.3m 9m

existing north-

facing habitable	3.6m
room window

natural ground level

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.

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S.R. No. 171/2001 r. 7

(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

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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

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S.R. No. 171/2001 r. 7

(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.

Building (Single Dwellings) Regulations 2001
S.R. No. 171/2001

(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 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

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S.R. No. 171/2001 r. 7

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.

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r. 7 S.R. No. 171/2001

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

Building (Single Dwellings) Regulations 2001

r. 7 r. 7

S.R. No. 171/2001

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	2m
the Transport Act 1983
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

Minimum setback from

Fence height at any	side or rear boundary
point	at that point
More than 2·0m but not	1m
more than 3·6m
More than 3·6m but not	1m plus an additional
more than 6·9m	distance calculated at the rate of 300mm for

Building (Single Dwellings) Regulations 2001

r. 7 S.R. No. 171/2001

Minimum setback from

Fence height at any	side or rear boundary
point	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.

Building (Single Dwellings) Regulations 2001

S.R. No. 171/2001 r. 7

(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—

Building (Single Dwellings) Regulations 2001

r. 7 S.R. No. 171/2001

(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

Building (Single Dwellings) Regulations 2001

S.R. No. 171/2001 r. 7

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

Minimum setback from

Fence height at any	side or rear boundary
point	at 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

Building (Single Dwellings) Regulations 2001

r. 7 S.R. No. 171/2001

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

Building (Single Dwellings) Regulations 2001

S.R. No. 171/2001 r. 7

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—

Building (Single Dwellings) Regulations 2001

r. 8 S.R. No. 171/2001

(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)".

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Building (Single Dwellings) Regulations 2001

S.R. No. 171/2001 Endnotes

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	Title of applied, adopted or	Matter in
Provision	incorporated document	applied, adopted or incorporated document
Regulation 8	Monash Planning Scheme	Schedules to
made under the Planning and	Residential 1
Environment Act 1987 as	Zone,
that planning scheme is	Residential 2
amended and in force from	Zone and Mixed
time to time	Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones