Victorian Consolidated Regulations

Building Regulations 2006 - SECT 428

Fences and daylight to windows in existing dwelling

428. Fences and daylight to windows in existing dwelling



(1) A fence more than 2m in height must be set back from a habitable room
window in an existing dwelling on an adjoining allotment to provide for a
light court to the window that has a minimum area of 3m2 and a minimum
dimension of 1m clear to the sky.

(2) The area of the light court required under subregulation (1) may include
land on the adjoining allotment.

(3) A fence with an average height of more than 3m opposite a habitable room
window in an existing dwelling on an adjoining allotment must be set back from
that window at least half the height of the fence if the fence is within a 55°
angle in the horizontal plane about a vertical axis through the centre of the
window.

(4) For the purposes of subregulation (3), the angle may be swung to not less
than 35° from the plane of the wall containing the window.

(5) If the window referred to in subregulation (3) is above ground floor
level, then for the purposes of that subregulation, the fence height is to be
measured from the floor level of the room containing the window.

(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.