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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 1 July 2019 to date (accessed 25 August 2019 at 21:00)
3D.21   Minimum setbacks and maximum height and length of built to boundary walls
(1) Primary road setbacks The primary road setback of a dwelling house and any attached development must not be less than the average primary road setback of the 2 nearest dwelling houses on the same side of the primary road.
Note.
 Clause 3D.22 contains certain exclusions from, and exceptions to, the setbacks in this clause.
(2)  For the purpose of determining the primary road setbacks of the 2 nearest dwelling houses, the following are not to be included:
(a)  dwelling houses 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 within 40m of the lot on the same side of the primary road, the dwelling house and any attached development must have a minimum setback from the primary road as shown in the following table:
Lot size
Minimum setback from primary road
200m2–300m2
3m
>300m2–1,500m2
4.5m
>1,500m2
10m
(4) Secondary road setbacks Despite any other standard for a setback specified by this clause, a dwelling house and any attached development must have a minimum setback from a boundary with a secondary road as shown in the following table:
Lot size
Minimum setback from secondary road boundary
200m2–600m2
2m
>600m2–1,500m2
3m
>1,500m2
5m
 
(5) Classified road setbacks Despite any other standard for a setback specified by this clause, a dwelling house and any attached development must have a setback from a boundary with a classified road of at least:
(a)  the setback for a dwelling house from a classified road specified by another environmental planning instrument applying to the land, or
(b)  the minimum setback specified under this clause from a primary, secondary or parallel road, or
(c)  9m,
whichever is the greater.
(6) Road setbacks—road widening proposals If the development is on a lot that is subject to a proposed road widening under an environmental planning instrument, a development control plan or section 88B or 195A of the Conveyancing Act 1919, the setback of a dwelling house and any attached development must be measured from the proposed boundary with the road.
(7) Side setbacks Subject to subclause (8), the following buildings must have a minimum setback from a side boundary as shown in the table to this subclause:
(a)  a dwelling house,
(b)  a carport or garage,
(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
Minimum required setback from each side boundary
6m–18m
900mm
>18m–24m
1.5m
>24m
2.5m
(8)  Any part of a dwelling house or any attached development that is more than 4.5m above ground level (existing) must have a minimum setback from a side boundary of:
(a)  
 
where:
s is the minimum setback in metres, and
h is the height of the part of the building in metres, or
(b)  the minimum setback specified in subclause (7),
whichever is the greater.
 
(9) Exceptions to side setbacks Despite subclause (7), a building that is referred to in that subclause may be built to 1 or both side boundaries if:
(a)  the lot is not a corner lot, and
(b)  the lot width measured at the building line is at least 6m, but not more than 8m, and
(c)  if there is a building wall on the adjoining lot within 900mm of that boundary—that wall is of masonry construction and does not have a window facing that boundary, and
(d)  any wall erected within 900mm of a side boundary will not contain a door, window or any other opening.
 
(10)  Despite subclause (7), a building that is referred to in that subclause may be built to 1 side boundary if:
(a)  the lot width measured at the building line is more than 8m, but not more than 12.5m, and
(b)  any building wall on the adjoining lot within 900mm of that boundary is of masonry construction and does not have a window facing that boundary, and
(c)  any wall erected within 900mm of the side boundary will not contain a door, window or any other opening.
(11) Maximum height of walls within 900mm of side boundary The height of a wall erected within 900mm of a side boundary must not exceed:
(a)  3.3m above ground level (existing), or
(b)  if there is a building wall on the adjoining lot within 900mm of that boundary that is higher than 3.3m—the height of that wall, but not more than 8.5m, or
(c)  if the building on the adjoining lot is subject to the same complying development certificate under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000—the height of the wall on the adjoining lot, but not more than 8.5m.
 
(12) Maximum length of walls within 900mm of side boundary The length of all walls within 900mm of a side boundary must not exceed the length shown in the following table:
Lot width at the building line
Maximum length of built to boundary wall
6m–10m
20m or 50% of the depth of the lot, whichever is the lesser
>10m–12.5m
10m
 
(13)  Despite subclause (12), the maximum length of a wall erected within 900mm of a side boundary is:
(a)  if there is a building wall on the adjoining lot within 900mm of that boundary that is longer than the maximum length calculated under subclause (12)—the length of that wall, or
(b)  if the building on the adjoining lot is subject to the same complying development certificate under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000—the length of the wall on the adjoining lot.
Note 1.
 A wall built within 900mm of a wall on an adjoining lot is subject to clause 3D.63 (Protecting adjoining walls) in Division 8.
Note 2.
 Complying development certificate has the same meaning as it has in the Act.
(14) Rear setbacks The following buildings on a lot (other than a lot that only has 3 boundaries) must have a minimum setback from the rear boundary as shown in the table to this subclause:
(a)  a dwelling house,
(b)  a carport or garage,
(c)  a balcony, deck, patio, pergola, terrace or verandah,
(d)  a cabana, cubby house, garden shed, gazebo, fernery, greenhouse or shed.
Lot area
Building height
Minimum setback from rear boundary
200m2–300m2
0m–4.5m
3m
 
>4.5m–8.5m
10m or the average rear setback of the 2 adjoining dwelling houses, measured at 4.5m above ground level (existing), whichever is the lesser
>300m2–900m2
0m–4.5m
3m
 
>4.5m–8.5m
8m
>900m2–1,500m2
0m–4.5m
5m
 
>4.5m–8.5m
12m
>1,500m2
0m–4.5m
10m
 
>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 3D.22 (5)).
 
(15) Parallel road setbacks for parallel road lots Despite any other standard for a setback specified by this clause, a dwelling house and any attached development must have a setback from a boundary with a parallel road of at least 3m.
Note.
 Certain types of attached development may be built within the parallel road setback (see clause 3D.22 (6)).
(16) Public reserve setbacks Despite any other standard for a setback specified by this clause, the following development must have a setback from a boundary with a public reserve of at least 3m:
(a)  a dwelling house and any attached development,
(b)  any cabana, cubby house, fernery, garden shed, gazebo, greenhouse or shed.
(17) Front setbacks for battle-axe lots A dwelling house and any attached development on a battle-axe lot must have a setback from the rear boundary of the lot that is in front of the battle-axe lot of at least 3m.
 
Note 1.
 Articulation zone, attached development, battle-axe lot, building element, building line, detached development, dwelling house, primary road, setback and standard lot are defined in clause 1.5.
Note 2.
 Classified road has the same meaning as it has in the Standard Instrument.