New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3D.37

3D.37 Privacy screens for windows and certain attached development

(1) This clause applies to lots that have an area of less than 4,000m 2.

(2) This clause does not apply to any existing parts of a dwelling house or attached development that will remain on the lot after the complying development is carried out.

(3) A privacy screen must be provided for any part of a window to a habitable room that is less than 1.5m above the finished floor level of that room.

(4) 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 window that faces, and is more than 6m from, a side or rear boundary, or

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

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(5) A balcony, deck, patio, pergola, terrace or verandah that has a floor area of more than 3m 2 must have a privacy screen installed at the edge of that part of the balcony, deck, patio, pergola, terrace or verandah that is parallel to or faces towards a side or rear boundary if--

(a) that edge is less than 3m from the boundary and the balcony, deck, patio, pergola, terrace or verandah has a finished floor level of more than 1m above ground level (existing), or

(b) that edge is at least 3m, but not more than 6m, from the boundary and the balcony, deck, patio, pergola, terrace or verandah has a finished floor level of more than 2m above ground level (existing).

(6) Any privacy screen required under subclause (3) must be installed to a height of at least 1.7m, but not more than 2.2m, above the finished floor level of the balcony, deck, patio, pergola, terrace or verandah.

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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.