New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3B.29

3B.29 Privacy screens for windows and certain attached development

(1) Windows in habitable rooms near boundaries or other dwellings A window in a habitable room must have a privacy screen over any part of that window that is less than 1.5m above the floor level of the room in the following cases--

(a) the floor level of the habitable room is 1m or more, but not more than 3m, above ground level (existing) and the window faces a side or rear boundary and is less than 3m from that boundary,

(b) the floor level of the habitable room is more than 3m above ground level (existing) and the window faces a side or rear boundary and is less than 6m from that boundary,

(c) the floor level of the habitable room is 1m or more, but not more than 3m, above ground level (existing) and the window faces a dwelling on the same lot and is less than 6m from that dwelling,

(d) the floor level of the habitable room is more than 3m above ground level (existing) and the window faces a dwelling on the same lot and is less than 12m from that dwelling.

(2) Subclause (1) does not apply to--

(a) a habitable room with a floor level not more than 1m above ground level (existing), or

(b) a window that faces a road or public space, or

(c) a bedroom window that has an area of not more than 2m 2.

(3) Balconies, decks, patios, terraces or verandahs near boundaries or other dwellings The edge of a balcony, deck, patio, terrace or verandah must have a privacy screen with a height of at least 1.5m above the floor level of a balcony, deck, patio, terrace or verandah in the following cases--

(a) the floor level of the balcony, deck, patio, terrace or verandah is 1m or more, but not more than 3m, above ground level (existing) and the edge faces a side or rear boundary and is less than 3m from that boundary,

(b) the floor level of the balcony, deck, patio, terrace or verandah is more than 3m above ground level (existing) and the edge faces a side or rear boundary and is less than 6m from that boundary,

(c) the floor level of the balcony, deck, patio, terrace or verandah is 1m or more, but not more than 2m, above ground level (existing) and the edge faces a dwelling on the same lot and is less than 6m from that dwelling,

(d) the floor level of the balcony, deck, patio, terrace or verandah is more than 2m above ground level (existing) and the edge faces a dwelling on the same lot and is less than 12m from that dwelling.

(4) Subclause (3) does not apply to a balcony, deck, patio, terrace or verandah--

(a) with a floor level not more than 1m above ground level (existing), or

(b) that faces a road or public space, or

(c) that has an area of not more than 2m 2.

(5) Existing windows, balconies, decks, patios, terraces or verandahs This clause does not apply to any existing parts of a dwelling house, dual occupancy or attached development that will remain on the lot after the complying development is carried out.

Note 1 :
"Habitable room" and
"privacy screen" are defined in clause 1.5.

Note 2 :
"Ground level (existing)" has the same meaning as it has in the Standard Instrument.