BUILDING REGULATIONS 2018 (SR NO 38 OF 2018) - REG 86 Private open space

BUILDING REGULATIONS 2018 (SR NO 38 OF 2018) - REG 86

    (1)     If—

        (a)     an allotment is in a zone of a planning scheme specified in Schedule 6; and

        (b)     a 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 that schedule.

    (2)     If subregulation (1) does not apply, a Class 1 building on an allotment must have private open space—

        (a)     of not less than 80 m ² or 20% of the area of the allotment, whichever is the lesser; and

        (b)     which includes an area at the side or rear of the building—

              (i)     that is at least 25 m ² with a minimum dimension of 3 m; and

              (ii)     that has convenient access from a habitable room (other than a bedroom).

    (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.

Division 3—Siting of Class 10a buildings