New South Wales Consolidated Regulations New South Wales Consolidated Regulations
(1) Primary road setbacks The setback of a dwelling house 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 on the same side of the primary road.Note--: Clause 3.11 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 dwellings, 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 200m 2 -300m 2 3m >300m 2 -900m 2 4.5m >900m 2 -1,500m 2 6.5m >1,500m 2 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 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 Building height at any point Minimum required setback from each side boundary 6m-10m 0m-5.5m 900mm 6m-10m >5.5m-8.5m (building height-5.5m) ÷ 4 + 0.9m >10m-18m 0m-4.5m 900mm >10m-18m >4.5m-8.5m (building height-4.5m) ÷ 4 + 0.9m >18m-24m 0m-4.5m 1.5m >18m-24m >4.5m-8.5m (building height-4.5m) ÷ 4 + 1.5m >24m 0m-8.5m 2.5m
(5) Exceptions to side setbacks Despite subclause (4), a building 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.
(6) Despite subclause (4), a building 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.
(7) 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.
(8) 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
(9) Despite subclause (8), 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 (8)--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--: A wall built within 900mm of a wall on an adjoining lot is subject to clause 3.32 (Protecting adjoining walls) in Division 4.
(10) 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.Note--: Certain exceptions to the rear setbacks apply if the lot has a rear boundary with a lane (see clause 3.11(5)).
Lot area Building height Minimum setback from rear boundary 200m 2 -300m 2 0m-4.5m 3m 200m 2 -300m 2 >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 >300m 2 -900m 2 0m-4.5m 3m >300m 2 -900m 2 >4.5m-8.5m 8m >900m 2 -1,500m 2 0m-4.5m 5m >900m 2 -1,500m 2 >4.5m-8.5m 12m >1,500m 2 0m-4.5m 10m >1,500m 2 >4.5m-8.5m 15m :
(11) Secondary road setbacks for corner lots 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 200m 2 -600m 2 2m >600m 2 -1,500m 2 3m >1,500m 2 5m
(12) 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 3.11(6)).:
(13) 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) if no setback is specified--9m.
(14) Public reserve setbacks Despite any other standard for a setback specified by this clause, a dwelling house and any cabana, cubby house, garden shed, gazebo, fernery, greenhouse, shed or detached studio must have a setback from a boundary with a public reserve of at least 3m.
(15) 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" ,
"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" ,
"classified road" and
"ground level (existing)" have the same meanings as they have in the Standard Instrument.
Note 3--:
"Complying development certificate" has the same meaning as it has in the Act.
