Victorian Consolidated Regulations

Building Regulations 2006 - SECT 418

Overshadowing of recreational private open space

418. Overshadowing of recreational private open space



(1) A building must not reduce the sunlight to a recreational private open
space of an existing dwelling on an adjoining allotment to the extent that
less than the required minimum area of the recreational private open space has
less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September.

(2) If a building is to be constructed on an allotment and the existing amount
of sunlight to a recreational private open space on an adjoining allotment is
less than the amount required under subregulation (1), the amount of sunlight
to that area must not be further reduced by the construction of the building.

(3) 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.





(4) In this regulation the required minimum area of a recreational private
open space is the lesser of-

   (a)  75% of the recreational private open space; and

   (b)  40m2 with a minimum dimension of 3m.

(5) In this regulation recreational private open space means any part of
private open space on an allotment-

   (a)  which is-

   (i)  at the side or rear of an existing dwelling on the allotment; or

   (ii) within the front setback of an existing dwelling on the allotment and
        which is screened for at least 90% of its perimeter by a wall, fence
        or other barrier that is at least 1·5m high and that has no more than
        25% of its area open; and

   (b)  which is primarily intended for outdoor recreation activities.