Victorian Numbered Regulations

BUILDING REGULATIONS 2006 (SR NO 68 OF 2006) - REG 421

    (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 minimum area and dimension for private open space—

a Class 1 building on that allotment must have private open space of at least the area and dimension specified in the Schedule to that zone in the planning scheme.

    (2)     If sub-regulation (1) does not apply, a Class 1 building on an allotment must have private open space of not less than 80m ² or 20% of the area of the allotment, whichever is the lesser.

    (3)     For the purposes of this regulation, the private open space must include an area at the side or rear of the building—

        (a)     that is at least 25m ² with a minimum dimension of 3m; and

        (b)     that has convenient access from a habitable room (other than a bedroom).

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