Victorian Consolidated Regulations

Building Regulations 2006 - SECT 429

Fences and solar access to existing north-facing habitable room windows

429. Fences and solar access to existing north-facing habitable room windows



(1) This regulation applies if-

   (a)  a fence more than 2m in height 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 fence is to be constructed; and

   (c)  the window is orientated towards the boundary.

(2) The proposed fence must be set back from the boundary not less than the
distance specified in Table 429 for a distance of 3m from the edge of each
side of the window or that part of the window that is within 3m of the
boundary.





TABLE 429-SETBACKS FROM NORTH-FACING WINDOWS Fence 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 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.