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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 8 February 2019 to date (accessed 18 June 2019 at 19:50)
3B.11   Minimum setbacks and maximum height and length of boundary walls
(1) Primary road setbacks The setback of a dual occupancy and any attached development from a primary road must not be less than the average setback from the primary road of the 2 nearest dwelling houses or dual occupancies within 40m of the lot and on the same side of the primary road.
Note.
 Clause 3B.12 contains certain exclusions from, and exceptions to, the setbacks in this clause.
(2)  For the purpose of determining the setbacks from the primary road of the 2 nearest dwelling houses or dual occupancies, the following are not to be included:
(a)  dwelling houses or dual occupancies on battle-axe lots,
(b)  any attached development or detached development on other lots,
(c)  building elements in the articulation zone.
(3)  If there are not 2 dwelling houses or dual occupancies within 40m of the lot on the same side of the primary road, the dual occupancy and any attached development must have a minimum setback from the boundary with the primary road as shown in the following table:
Lot area
Minimum setback from primary road boundary
400m2–900m2
4.5m
>900m2–1,500m2
6.5m
>1,500m2
10m
(4) Side setbacks The following buildings must have a minimum setback from a side boundary as shown in the table to this subclause:
(a)  a dual occupancy,
(b)  a garage or an attached carport,
(c)  a balcony, deck, patio, pergola, terrace or verandah,
(d)  a cabana, cubby house, garden shed, gazebo, fernery, greenhouse or shed.
Lot width at the building line
Building height
Minimum required setback from each side boundary
12m–24m
0m–4.5m
0.9m
12m–24m
>4.5m–8.5m
(building height–4.5m) ÷ 4 + 0.9m
>24m–36m
0m–4.5m
1.5m
>24m–36m
>4.5m–8.5m
(building height–4.5m) ÷ 4 + 1.5m
>36m
0m–8.5m
2.5m
(5) Rear setbacks Each part of a dual occupancy (other than a dual occupancy on a corner lot) and any carport, garage, balcony, deck, patio, pergola, terrace or verandah must have a minimum setback from the rear boundary as shown in the following table:
Lot area
Height of building part
Minimum setback from rear boundary
400m2–900m2
0m–4.5m
3m
400m2–900m2
>4.5m–8.5m
8m
>900m2–1,500m2
0m–4.5m
5m
>900m2–1,500m2
>4.5m–8.5m
12m
>1,500m2
0m–4.5m
10m
>1,500m2
>4.5m–8.5m
15m
Note.
 Certain exceptions to the rear setbacks apply if the lot has a rear boundary with a lane (see clause 3B.12 (4)).
(6) Secondary road setbacks for corner lots Despite any other setback specified in this clause, a dual occupancy and any attached development must have a minimum setback from a boundary with a secondary road as shown in the following table:
Lot area
Minimum setback from secondary road boundary
400m2–900m2
2m
>900m2–1,500m2
3m
>1,500m2
5m
Note.
 In many cases the primary road and secondary road may be different for each of the dwellings comprising a dual occupancy (detached) on a corner lot. This is because for each dwelling the primary road is the road that the dwelling faces. Accordingly, the setbacks for each of these dwellings will not necessarily align.
(7) Dual occupancy (detached) on a corner lot If a dual occupancy on a corner lot has dwelling fronting different roads, the rear of each dwelling is to be treated as a side for the purposes of determining the setbacks required under this clause.
(8) Parallel road setbacks for parallel road lots Despite any other setback specified in this clause, a dual occupancy and any attached development must have a setback from a boundary with a parallel road of at least 3m unless, in the case of a dual occupancy (attached), 1 of the dwellings in the dual occupancy faces the parallel road, in which case the setback must be the same as if the parallel road were a primary road.
Note.
 The primary road and parallel road may be different for each of the dwellings comprising a dual occupancy (detached) if the dwellings face in opposite directions. This is because for each dwelling the primary road is the road that the dwelling faces.
(9) Classified road setbacks Despite any other setback specified in this clause, a dual occupancy and any attached development must have a setback from a boundary with a classified road of at least 9m.
(10) Public reserve setbacks Despite any other setback specified in this clause, a dual occupancy and any attached development must have a setback from a boundary with a public reserve of at least 3m.
Note 1.
 Articulation zone, attached development, battle-axe lot, boundary wall, building element, building line, detached development, dwelling house, lane, primary road, setback and standard lot are defined in clause 1.5.
Note 2.
 Building height and classified road have the same meanings as they have in the Standard Instrument.