State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 18 July 2014 to date (accessed 23 November 2014 at 15:38)

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 not more than 10m:
(i)  for any part of the building with a height of up to 5.5m—0.9m, and
(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 more than 10m, but not more than 18m:
(i)  for any part of the building with a height of up to 4.5m—0.9m, and
(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 more than 18m, but not more than 24m:
(i)  for any part of the building with a height of up to 4.5m—1.5m, and
(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 more than 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 not more 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 not more than 12.5m—the building may be built to only one side boundary.
(4)  Subclause (3) does not apply if:
(a)  the wall of the building on the adjoining lot is not of masonry construction and is within 900mm of the boundary, or
(b)  the wall of the building on the adjoining lot has a window facing the boundary and is within 900mm of the boundary.
(5)  A wall of a building erected under subclause (3) and within 900mm of the boundary:
(a)  must not be higher than 3.3m above ground level (existing) unless paragraph (b) or (c) applies, 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 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 higher than the height of the wall on the adjoining lot,
but in any case must not be higher than 8.5m.
(6)  The length of a wall of a building erected under subclause (3) and within 900mm of the boundary, together with the length of the boundary walls of any other buildings along the same boundary of the lot must not be greater than:
(a)  for a lot with a width, measured at the building line, of at least 6m, but not more than 10m—20m or 50% of the depth of the lot, whichever is the lesser, or
(b)  for a lot with a width, measured at the building line, of more than 10m, but not more than 12.5m—10m.
(7)  Despite subclause (6), the length of a wall of a building erected under subclause (3), and within 900mm of the boundary, may be greater than the length specified in subclause (6) if:
(a)  it is to be built to a boundary wall on an adjoining lot, and is not longer than the wall on the adjoining lot, or
(b)  where a 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—it is of the same or is of a lesser length and height as the wall on the adjoining lot.
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