Subdivision 3 Building heights and setbacks
3.13 Maximum height of dwelling houses and outbuildings
(1) The height of a dwelling house or the alterations and additions to an existing dwelling house must not be more than 8.5m above ground level (existing).(2) The height of an outbuilding or the alterations and additions to an existing outbuilding on a lot must not be more than 4.8m above ground level (existing).
3.14 Setbacks of dwelling houses and ancillary development from roads, other than classified roads
(1) A dwelling house and all ancillary development on a lot must have a setback from the boundary with a primary road that is not a classified road of at least:(a) the average distance of the setbacks of the nearest 2 dwelling houses having a boundary with the same primary road and located within 40m of the lot on which the dwelling house is erected, or(b) in any case where 2 dwelling houses are not located within 40m of the lot:(i) 3m, if the lot has an area of less than 300m2, or(ii) 4.5m, if the lot has an area of at least 300m2 but less than 900m2, or(iii) 6.5m, if the lot has an area of at least 900m2 but less than 1500m2, or(iv) 10m, if the lot has an area of at least 1500m2.(2) A dwelling house and all ancillary development on a lot must have a setback from a boundary with a secondary road that is not a classified road of at least the following:(a) 2m, if the lot has an area of at least 200m2 but less than 600m2, or(b) 3m, if the lot has an area of at least 600m2 but less than 1500m2, or(c) 5m, if the lot has an area of at least 1500m2.(3) A dwelling house and all ancillary development on a lot must have a setback from a boundary with a parallel road that is not a classified road of at least:(a) the average distance of the setbacks of the nearest 2 dwelling houses having a boundary with the same parallel road and located within 40m of the lot on which the dwelling house is erected, or(b) in any case where 2 dwelling houses are not located within 40m of the lot:(i) 3m, if the lot has an area of less than 300m2, or(ii) 4.5m, if the lot has an area of at least 300m2 but less than 900m2, or(iii) 6.5m, if the lot has an area of at least 900m2 but less than 1500m2, or(iv) 10m, if the lot has an area of at least 1500m2.(4) (Repealed)
3.15 Setbacks of dwelling houses and ancillary development from classified roads
A dwelling house and all ancillary development on a lot must have a setback from a boundary with a classified road of at least:(a) if another environmental planning instrument applying to the lot establishes a setback for a dwelling house having a boundary with a classified road, that distance, or(b) 9m in any other case.
3.16 Setbacks of dwelling houses and outbuildings from side boundaries, and built to boundary walls
(1) This clause applies to the following:(a) a dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house (a building),(b) an outbuilding, or alterations and additions to an existing outbuilding (also a building).(2) Any point of a building on a lot must have a setback from the side boundary nearest to that point of at least the following:(a) if the lot has a width, measured at the building line, of at least 6m, but less than 10m:(i) for any part of the building with a height of up to 5.5m—0.9m,(ii) for any part of the building with a height of more than 5.5m—0.9m plus one-quarter of the height of the building above 5.5m,(b) if the lot has a width, measured at the building line, of at least 10m, but less than 18m:(i) for any part of the building with a height of up to 4.5m—0.9m,(ii) for any part of the building with a height of more than 4.5m—0.9m plus one-quarter of the height of the building above 4.5m,(c) if the lot has a width, measured at the building line, of at least 18m, but less than 24m:(i) for any part of the building with a height of up to 4.5m—1.5m,(ii) for any part of the building with a height of more than 4.5m—1.5m plus one-quarter of the height of the building above 4.5m,(d) if the lot has a width, measured at the building line, of at least 24m—2.5m for all building heights.(3) Despite subclause (2) (a):(a) if the lot has a width, measured at the building line, of at least 6m, but less than 8m, the building may be built to both side boundaries, or(b) if the lot has a width, measured at the building line, of at least 8m, but less than 10m, the building may be built to only one side boundary.(4) Subclause (3) does not apply if:(a) the wall of the building adjoining the boundary is not of masonry construction and is within 900mm of the boundary, or(b) the wall of the building adjoining the boundary has a window facing the boundary and is within 900mm of the boundary.(5) A boundary wall of a building erected under subclause (3):(a) must not be higher than 3.3m, or(b) if the wall is to be built to a boundary wall on an adjoining lot, must not be higher than the height of that wall, or(c) if the lot on which the building is erected is an adjoining lot for which a single complying development certificate has been issued under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000, must not be higher than the height of the wall on the adjoining lot,but in any case must not be higher than 8.5m.(6) The boundary wall of a building erected under subclause (3):(a) together with the length of the boundary walls of any other buildings on the lot, must not have a length totalling more than 20m or 50% of the depth of the lot, whichever is the lesser, or(b) if the wall is to be built to a boundary wall on an adjoining lot, must not be longer than the length of that boundary wall, or(c) if the lot on which the building is erected is an adjoining lot for which a single complying development certificate has been issued under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000, must not be longer than the length of the wall on the adjoining lot.
3.17 Setbacks of dwelling houses from rear boundaries
(1) This clause applies to a dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house (a building).(2) Any point of a building on a lot must have a setback from the rear boundary of the lot nearest to that building of at least the following distance:(a) if the lot has an area, of at least 200m2, but less than 900m2, for any part of the building with a height of up to 4.5m—3m,(b) if the lot has an area of at least 200m2, but less than 300m2, for any part of the building with a height greater than 4.5m:(i) in a case where there are 2 adjoining dwelling houses with a height greater than 4.5m—10m or the average distance setback from the rear boundary of that part of those adjoining dwelling houses which is greater than 4.5m, whichever is the lesser, or(ii) in a case where there are not 2 such adjoining dwellings—10m,(c) if the lot has an area of at least 300m2, but less than 900m2, for any part of the building with a height greater than 4.5m—8m,(d) if the lot has an area of at least 900m2, but less than 1500m2:(i) for any part of the building with a height of up to 4.5m—5m, or(ii) for any part of the building with a height greater than 4.5m—12m, or(e) if the lot has an area of at least 1500m2:(i) for any part of the building with a height of up to 4.5m—10m, or(ii) for any part of the building with a height greater than 4.5m—15m.(3) Despite subclause (2), if the lot has a rear boundary with a lane the building may have a building line that abuts that boundary for not more than 50 per cent of the length of that boundary.
3.18 Setbacks of outbuildings from rear boundaries
(1) This clause applies to a new outbuilding, or alterations and additions to an existing outbuilding (an outbuilding).(2) Any point of an outbuilding on a lot must have a setback from the rear boundary of the lot of at least the following:(a) if the lot has an area of at least 200m2, but less than 300m2:(i) for any part of the outbuilding with a height of up to 3.3m—the outbuilding may be built to the rear boundary, or(ii) for any part of the outbuilding with a height greater than 3.3m—one-quarter of the height of the outbuilding above 3.3m,(b) if the lot has an area of at least 300m2, but less than 900m2:(i) for any part of the outbuilding with a height of up to 3.8m—0.9m, or(ii) for any part of the outbuilding with a height greater than 3.8m—0.9m plus one-quarter of the height of the outbuilding above 3.8m,(c) if the lot has an area of at least 900m2, but less than 1500m2:(i) for any part of the outbuilding with a height of up to 3.8m—1.5m, or(ii) for any part of the outbuilding with a height greater than 3.8m—1.5m plus one-quarter of the height of the outbuilding above 3.8m,(d) if the lot has an area of at least 1500m2:(i) for any part of the outbuilding with a height of up to 3.8m—2.5m, or(ii) for any part of the outbuilding with a height greater than 3.8m—2.5m plus one-quarter of the height of the outbuilding above 3.8m.(3) Despite subclause (2) (a) if:(a) the wall of the building adjoining the boundary is not of masonry construction and is within 900mm of the boundary, or(b) the wall of the building adjoining the boundary has a window facing the boundary and is within 900mm of the boundary,the outbuilding must have a setback from the rear boundary of the lot of at least the following:(c) for any part of the outbuilding with a height of up to 3.8m—0.9m,(d) for any part of the outbuilding with a height greater than 3.8m—0.9m plus one-quarter of the height of the outbuilding above 3.8m.(4) Despite subclause (2), if the lot has a rear boundary with a lane the outbuilding may have a building line that abuts that boundary for not more than 50 per cent of the length of that boundary.
Despite any other clause in this Subdivision:(a) a dwelling house or an outbuilding must have a setback of at least 3m from a boundary with a public reserve, and(b) side and rear setbacks and setbacks from the boundary with a road do not apply to the existing parts of a dwelling house or ancillary development where it is proposed to carry out any of the following:(i) alterations or additions to an existing dwelling house,(ii) alterations or additions to existing ancillary development, and(iii) (Repealed)(c) side and rear setbacks and setbacks from the boundary with a road do not apply to allowable encroachments permitted under clause 3.7.1.7 of Volume 2 of the Building Code of Australia or any eave or roof overhang that has a horizontal width of not more than 450mm.Note. The allowable encroachments permitted under clause 3.7.1.7 of Volume Two of the Building Code of Australia include fascias, gutters, downpipes, rainwater tanks, chimneys, flues, domestic fuel tanks, cooling or heating appliances, light fittings, electricity and gas meters, aerials, antennae, pergolas, sun blinds, unroofed terraces, landings, steps and certain ramps.
(1) For the purpose of calculating the setback of an existing dwelling house, the location of any of the following is not included:(a) any part of an existing garage or carport that is located between the building line of the dwelling house and a boundary with the primary road,(b) any existing building element of a dwelling house that is located within the articulation zone.(2) For the purpose of calculating the setbacks of the nearest two dwelling houses, those dwelling houses must be on the same side of the road as the lot.(2A) For the purpose of calculating the setbacks of the nearest 2 dwelling houses as referred to in clause 3.14 (1) (a) and (3) (a), a dwelling house located on a battle axe block is to be disregarded.(3) For the purpose of calculating the setbacks of a new dwelling house, any building element that is permitted in the articulation zone is not included.(4) For the purpose of calculating setbacks for a battle-axe lot, the setback on the opposite side of the lot to the rear setback is taken to be a side setback.(5) (Repealed)(6) For the purpose of calculating the setback from a road, a reference to ancillary development does not include the following:(a) a driveway, pathway or paving,(b) an eave,(c) a fence or screen,(d) a retaining wall,(e) any ancillary development that is a building element that is permitted in the articulation zone.
3.20A Protecting adjoining walls
Despite any other development standard of this code, if the development involves the erection of a wall to a boundary that has a wall less than 0.9m from the boundary, the wall must be built in accordance with the method of support proposed by the professional engineer’s report provided with the application for the complying development certificate.
(1) A new dwelling house, other than a dwelling house on a battle-axe lot, must have a front door and a window to a habitable room in the building wall that faces a primary road.(2) A new dwelling house, other than a dwelling house on a battle-axe lot, must have a door and a window to a habitable room in the building wall that faces a parallel road.(3) A dwelling house, other than a dwelling house that has a setback from a primary road of less than 3m, may incorporate an articulation zone to a primary road.
3.22 Building elements within the articulation zone
(1) The following building elements are permitted in an articulation zone:(a) an entry feature or portico,(b) a balcony, deck, patio, pergola, terrace or verandah,(c) a window box treatment,(d) a bay window or similar feature,(e) an awning or other feature over a window,(f) a sun shading feature.(2) A building element on a dwelling house (other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house) must not extend more than:(a) 1m above the gutter line of the eaves of a single storey dwelling house, or(b) above the gutter line of the eaves of a two storey dwelling house.(3) The maximum area of all building elements within the articulation zone, other than a building element listed in subclause (1) (e) or (f), must not be more than 25 per cent of the area of the articulation zone, measured through the horizontal plane of the elements.
(1) A window in a new dwelling house or a new window in any alterations or additions to an existing dwelling house must have a privacy screen if:(a) it is a window in a habitable room, other than a bedroom, that has a floor level of more than 1m above ground level (existing), and(b) the wall in which the window is located has a setback of less than 3 metres from a side or rear boundary, and(c) the window has a sill height of less than 1.5m.(2) A new balcony, deck, patio, pergola, terrace or verandah and any alterations to an existing balcony, deck, patio, pergola, terrace or verandah must have a privacy screen if it:(a) has a setback of less than 3m from a side or rear boundary, and(b) has a floor area more than 3m2, and(c) has a floor level more than 1 metre above ground level (existing).(3) A detached deck, patio, pergola or terrace or any alterations or additions to an existing deck, patio, pergola or terrace must not have a floor level that is more than 600mm above ground level (existing).(4) (Repealed)