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Report and Consents

Siting Requirements for Dwellings

The siting requirements of a single dwelling and the associated outbuildings, on a site with an area exceeding 500 m2, can be found in Division 2 of Part 4 of the Building Regulations 2006, however allotments in the City of Bayside are in a zone of the planning scheme that are specified in Schedule 5 of the Building Regulations in respect of regulations 409, 411, 414 and 424 which vary the siting requirement of these regulations.

This means that frontage setbacks, site coverage, side & rear setbacks, and front fence heights differ from the regulations specified in Part 4. These variations can be accessed in our information sheet titled - The C2 Amendment – Additional Siting Requirements

The following is an information sheet on the siting requirements for single domestic dwellings in the City of Bayside which incorporate the additional siting requirements referred to in Schedule 5 of the Building Regulations:

Information Sheet on the Siting Requirements for a Single (one) Dwelling and the Associated Outbuildings on Sites Greater than 500m2 in Area in the City of Bayside

 Information Sheet on the Siting of Residential Buildings (PDF, 162KB)

Maximum Street Setbacks (regulation 408)

A new dwelling must not be setback more than 1/3rd of the depth of the site.

Minimum Street Setbacks (regulation 409)

  • The minimum setback from the front title boundary (ie, the street frontage) is the greater distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the same front street, or 9.0m, whichever is the lesser
  • The minimum setback from the side street on a corner allotment is 2.0m

Note:   The following structures are permitted to project up to 2.5m into the above minimum street setbacks:

  • Porches, verandahs and pergolas, with a maximum height of 3.6m
  • Eaves, fascia, gutters, sunblinds, shade sails, and screens 
  • Decks, steps, or landings less than 800mm in height

Building Height (regulation 410)

  • The maximum overall height of a building on a flat site is 9.0m (a flat site is land with a max slope of 2.5o
  • The maximum overall height of a building on a sloping site is 10.0m (a sloping site is land with a slope of more than 2.5o under at least an 8.0m section of the building)
  • The maximum height of any part of a building within 1.0m of a side or rear boundary is 3.6m (also refer to regulation 415)

Site Coverage (regulation 411)

The maximum area of a site that can be covered by buildings is 50%  (Note; this does not include standard eaves (600mm max width), unroofed swimming pools, unroofed terraces, unroofed patios, unroofed decks and pergolas)

Permeability (regulation 412)

Not more than 80% of an allotment can be covered by impermeable surfaces.

Carparking (regulation 413)

Every allotment must provide for parking of a minimum of 2 cars

(one carspace must be a minimum of 6.0m long x 3.5m wide and the other must be a minimum 4.9m long x 2.6m wide. (if the carspaces are side by side then the minimum width can be 5.5m ).

Side and Rear Setbacks (regulation 414)

Unless a building is constructed on or within 150mm of a side boundary (and complies with regulations 415, 416 & 417), the minimum setback from a side boundary is:

  • 2.0m, plus 0.6m for every metre of height over 3.6m up to 6.9m in height, plus 2.0m for every metre of height over 6.9m

Unless a building is constructed on or within 150mm of a rear boundary (and complies with regulations 415, 416 & 417), the minimum setback from a rear boundary is:

  • 3.0m, plus 0.6m for every metre of height over 3.6m up to 6.9m in height, plus 2.0m for every metre of height over 6.9m

Note:

The following may encroach up to 500mm into the above setbacks:
Porches, verandahs, masonry chimney backs, sunblinds, screens, flues, pipes, domestic fuel tanks, water tanks, and heating & cooling equipment.

  1. The following may encroach by up to 600mm into the above setbacks:
    Eaves, fascia and gutters.
  2. The following are unlimited encroachments into the above setbacks:
    Landings with an area not more than 2m2 and a height less than 1.0m, unroofed stairs and ramps, pergolas, shade sails and carports that comply with the height restrictions set out in regulation 415.

Walls on Boundaries (regulation 415)

Walls of a building and carports can be constructed to the side or rear boundary of an allotment, (unless prohibited by regulation 417), provided

  • The maximum length of wall/s and carport/s on or within 200mm a shared allotment boundary, with an adjoining property, must not exceed 10m plus 25% of the remaining length of the shared boundary. (Note: If a proposed wall abuts an existing neighbouring wall on the boundary, then it can be constructed to the same length of the wall it abuts.)
  • The maximum average height of a wall or carport on or within 200mm to a side or rear boundary must not exceed 3.2m and a maximum height of 3.6m. (Note: If a proposed wall abuts an existing neighbouring wall on the boundary, then it can be constructed to the same height of the wall it abuts.)

Daylight to Existing Habitable Room Windows (regulation 416)

A building must be setback from a habitable room window in an adjoining building to provide for a lightcourt with a minimum area of 3m2 and with a minimum dimension of 1.0m, and

A wall or carport, if more than 3.0m in height, must be setback at least 1/2 its height from an adjoining habitable room window on the adjoining allotment, if the wall or carport is within a 550 angle in the horizontal plane, about a vertical axis through the centre of the window.

Solar Access to Neighbours Existing North Facing Habitable Room Windows (regulation 417)

If a neighbour has a north facing habitable room window less than 3.0m to a north side or rear boundary, the setback of a proposed building (for a distance of 3.0m from the edge of each side of the neighbours window) must be:

  • 1.0m for buildings zero to 3.6m of height,
  • 1.0m plus 0.6m for every metre of building height over 3.6m, up to 6.9m,
  • 3.0m plus 1.0m for every metre in building height over 6.9m.

Note 1)  A north facing window is a window with an axis perpendicular to it ‘s surface orientated north 20 west, to north 30 east.
Note 2)  The following may encroach by to 500mm into the above setbacks and to a maximum height of 2.5m:
Flues, pipes, domestic fuel and water tanks, heating and cooling equipment, and other services.

Porches, verandahs, chimneys, screens, landings, stairways, ramps, pergolas, shade sails, eaves, fascias, gutters, and carports are not permitted to project or encroach into the above setbacks.

Please note that the setback requirements of regulation 417 are often less than the setback requirements of regulation 414, in which case regulation 414 takes precedent.

Overshadowing of Neighbours Recreational Private Open Space (regulation 418)

After a building is constructed, a minimum of 75% or 40m2,with a minimum dimension of 3.0m (whichever is the lesser), of an adjoining neighbours “recreational private open space” must receive a minimum of 5 hours of sunlight between the hours of 9am and 3pm on the 22 September.

If the adjoining allotment does not already receive the above amount of sunlight on the 22 September, then the constructions on the adjoining allotments cannot further reduced sunlight to the neighbour’s secluded private open space.

Note: “recreational private open space” is any part of private open space which is primarily intended for outdoor recreational activity and is either at the side or rear of an existing dwelling, or in front of a dwelling if it is screened with a 1.5m high fences or walls (which are no more than 25% open) for at least 90 % of the perimeter of the private open space.

“Private open space” is an unroofed area of land or a deck, terrace, patio, balcony, pergola, verandah, gazebo and a swimming pool.

Overlooking (regulation 419)

A habitable room window, a landing with an area of more than 2m2, a balcony, terrace, deck or a patio (which is 800mm or more above natural ground level, measured at the boundary) must not provide a direct line of sight into a “secluded private open space” or a habitable room window of an existing dwelling on an adjoining within a 9.0m distance, measured at ground level, of the window, landing balcony, terrace etc.

Note: A direct line of sight is measured within a 45o angle from the plane of the window, landing, balcony etc from a height of 1.7m above the floor level of the room, landing, balcony, terrace, etc

A habitable room window complies if it;

  •  is offset a minimum of 1.5m from the edge of one window to the edge of the other window, or
  • has a sill height of at least 1.7m above floor level, or
  • has fixed obscured glazing in any part of the window less than 1.7m above floor level, or
  • is obscured by a permanent fixed screen, which has more than 25% of its area open.

A landing. deck, balcony, etc complies if the direct line of sight is obscured by a permanent fixed screen which has no more than 25% of its area open.

If the floor level of a habitable room, or the level of a raised open space, is less than 800mm above natural ground level, measured at the boundary, and there is a 1.8m high visual barrier at the boundary, then the overlooking requirements of the above Regulation do not apply.

Note:  “secluded private open space” means private open space which is primarily intended for outdoor recreational activities and which is screened for a least 90% of its perimeter by walls, fences, screen etc which are no more than 25% open and at a height of at least 1.5m.

Daylight to New habitable Room Windows (regulation 420)

A new habitable room window must face:

  • an outdoor space on the allotment with an area of 3.0m2 and a minimum dimension of 1.0m, or
  • a verandah on the allotment, if it is open on at least 1/3rd of its perimeter, or
  • a carport on the allotment, if it is open on at least 1/3rd of its perimeter and has two (2) sides open.

Note: a side of a verandah or carport is considered open if it is not less than 500mm from another building or boundary).

Private Open Space (regulation 421)

A minimum 80m2 or 20% (whichever the lesser) of private open area must be provided on the allotment. Of this private open space, a minimum 25m2, with a minimum dimension of 3.0m, must be provided at the side or rear of the building, with convenient access from a habitable room (other than a bedroom).

Applications to vary the siting requirements can be made to Council. This is called a ‘Report and Consent’ and applications for these siting dispensations must include details that support the application, justification that the applications meet the Ministers Guidelines and comments from the nearby effected property owners.

Please refer to our information sheet on ‘report and consent’ (Siting Variations) Process regarding these applications.   

For further information please contact Council’s Building Surveying Department on (03) 9599 4444.

'Report & Consent' (Siting Variations)

Siting of Single Dwellings and Outbuildings

Part 4 of the Building Regulations regulate the siting of single dwelling and their associated outbuildings on allotments. Our information sheet on siting gives an abbreviated account of the provisions of Part 4 of the Building Regulation in the City of Bayside, incorporating the four (4) additional requirements that are included in Schedule 5 of the Building Regulations.

The regulations specify the minimum standards that apply to building heights, setbacks, site coverage, open space, maximum impermeable surfaces, daylight & solar access requirements, overlooking and overshadowing. The Schedule 5 additional requirements apply to front setbacks, side & rear setbacks, site coverage and front fence heights.

These schedule 5 requirements can be viewed on our information sheet titled ‘The C2 Amendment’ – Additional Siting Requirements

Dispensations (Siting variations) Applications

The Building Regulations allow for a ‘report & consent’ application to be made to Council seeking a variation to the siting requirements, where an applicant has difficulties in meeting the requirements.

This process is set out in Schedule 2 Parts (4), (4a) & (5), and Section 188A of the Building Act 1993 which refer to the relevant Minister’s Guidelines that need to be met before consent to vary the siting requirements can be given.

The application form (that sets our fees), an information sheet (that sets out what documents need to be submitted in respect of a ‘report & consent’ application) and the nearby effected neighbours comment form, can be accessed by the links below.

The Bayside Neighbourhood Character Review, that needs to be referred to in terms of neighbourhood character, is called up as part of the Ministers Guidelines and Bayside Neighbourhood Character precinct brochures

You will need to establish which neighbourhood character precinct a specific site is situated before accessing the appropriate precinct brochure. This can be done by contacting the Planning Department on (03) 9599 4444.  

Other useful links:

For further information please contact Council’s Building Surveying Department on (03) 9599 4444. 

Bayside C2 Amendment

Changes to the Part 4 Siting Requirements of the Building Regulations

Amendment C2 to the Bayside Planning Scheme is referenced by Schedule 5 of the Building Regulations 1994 and came into effect on 1 June 2004.

This means that any building works must comply with these amended siting provisions as detailed in the schedules to the zone which are incorporated within the Bayside Planning Scheme.

These amended siting provisions impact on the application of the Building Regulations 2006, Part 4, in particular the following regulations:

  • Regulation 4.9  Minimum Street Setbacks
  • Regulation 4.11  Site Coverage
  • Regulation 4.14  Side and Rear Setbacks
  • Regulation 4.24  Front Fence Height

These variations to the siting provisions have been included in our information sheet title ‘Siting Requirements for Dwellings’.

 Information Sheet on the Siting of Residential Buildings (PDF, 162KB)

For further information please contact Council’s Building Surveying Department on (03) 9599 4444.


Page last updated: 01 Oct 2014