Victorian Consolidated Regulations

Building Regulations 2006 - SECT 417

Solar access to existing north-facing windows

417. Solar access to existing north-facing windows



(1) This regulation applies if-

   (a)  a building is to be constructed on an allotment; and

   (b)  a north-facing habitable room window or part of a window of an
        existing dwelling on an adjoining allotment is within 3m of a boundary
        of the allotment on which the building is to be constructed; and

   (c)  the window is orientated towards the boundary.

(2) The proposed building must be set back from the boundary not less than the
distance specified in Table 417 for a distance of 3m from each side of the
window or that part of the window that is within 3m of the boundary.

TABLE 417-SETBACKS FROM NORTH-FACING WINDOWS r. 417 Building height at any
point Minimum setback from side or rear boundary at that point 3×6m or less 1m
More than 3·6m but not more than 6·9m 1m plus an additional distance
calculated at the rate of 600mm for every metre of height over 3·6m More than
6·9m 3m plus an additional distance calculated at the rate of 1m for every
metre of height over 6·9m

(3) For the purposes of subregulation (1), a north-facing window is a window
with an axis perpendicular to its surface orientated north 20° west to north
30° east.

(4) In this regulation north means true north.

(5) The following may encroach into the setback distance required by
subregulation (1) or (2) by not more than 500mm and to a height not exceeding
2·5m-

   (a)  flues and pipes;

   (b)  domestic fuel tanks and water tanks;

   (c)  heating and cooling equipment and other services.

(6) 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.

Note The following diagram illustrates the operation of aspects of regulation
417.

Regulation 417: Solar access to existing north-facing habitable room windows