Victorian Consolidated Regulations

Building Regulations 2006 - SECT 421

Private open space

421. Private open space



(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 subregulation (1) does not apply, a Class 1 building on an allotment
must have private open space of not less than 80m2 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 25m2 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.

Division 3-Siting of Class 10a buildings