Victorian Consolidated Regulations

BUILDING REGULATIONS 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.

Reg. 86(2) substituted by S.R. No. 132/2023 reg. 17(1).

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

              (i)     that is not less than 25 m ² with a minimum dimension of 3 m; and

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

        (b)     if there is a small second dwelling on the allotment, the existing dwelling must have private open space not less than an area of 25 m ² and a minimum dimension of 3 m at the side or rear of the existing dwelling with 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.

Reg. 86(4) inserted by S.R. No. 132/2023 reg. 17(2).

    (4)     This regulation does not apply in respect of the construction of a building that is a small second dwelling.

Reg. 86A inserted by S.R. No. 132/2023 reg. 18.