Victorian Numbered Regulations

BUILDING REGULATIONS 2006 (SR NO 68 OF 2006) - REG 409

    (1)     If—

        (a)     an allotment is in a zone of a planning scheme specified in Schedule 5; and

        (b)     the Schedule to that zone in the planning scheme specifies a setback from a street alignment—

a building on that allotment must be set back from a street alignment not less than the relevant setback specified in respect of that street alignment in the Schedule to that zone in the planning scheme.

    (2)     If sub-regulation (1) does not apply, a building must be set back from a street alignment not less than the distance specified in respect of that alignment in Table 409.

TABLE 409—STREET SETBACKS

Adjoining development context	Minimum setback from front street alignment	Minimum setback from a side street alignment
Existing dwellings on adjoining allotments facing the same street	The average distance of the setbacks of the front walls of the existing buildings on the adjoining allotments facing the front street, or 9m, whichever is the lesser	Not applicable
Existing dwelling on one adjoining allotment facing the same street and no building on the other adjoining allotment facing the same street	The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the same street, or 9m, whichever is the lesser	Not applicable
No existing dwellings on adjoining allotments facing the same street	6m for a building facing a declared road 4m for a building facing any other street	Not applicable
Corner allotment If there is a building on the adjoining allotment facing the same street	The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the front street, or 9m, whichever is the lesser	The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the side street or 2m, whichever is the lesser
Adjoining development context	Minimum setback from front street alignment	Minimum setback from a side street alignment
Corner allotment If there is no building on the adjoining allotment facing the same street	6m for a building facing a declared road 4m for a building facing any other street	2m

    (3)     The following may encroach into the setback distance required by sub-regulation (1) or (2) by not more than 2·5m—
r. 409

        (a)     porches, verandahs and pergolas that have a maximum height of less than 3·6m above natural ground level;

        (b)     eaves, fascia and gutters;

        (c)     sunblinds and shade sails;

        (d)     screens referred to in regulation 419(5)(d) or  419(6); and

        (e)     decks, steps or landings less than 800mm in height.

    (4)     The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design, which does not comply with this regulation.    

    (5)     In this regulation "street" does not include lane, footway, alley or right of way.

    (6)     For the purposes of this regulation, an allotment does not adjoin another allotment if its boundary only touches the boundary of the other allotment at one point (for example, at a corner).