Questions & Answers

Can upper storeys have different setback requirements?

The second storey may need to be set further back from a boundary than the ground floor.

This helps reduce the apparent bulk of a two-storey building and provides greater separation from neighbouring properties. It can also assist with privacy and solar access.

So, even where the ground floor can be relatively close to a boundary, the upper floor may need to step back further.

Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), Assessment Outcome 14 Height, Bulk and Scale – Planning (Residential Zones) Technical Specifications 2026 

Last reviewed: 27 August 2026 Information current as at: 2 September 2026

Short Answer

Yes. Upper storeys can have different—and often larger—setback requirements than the lower storey.

For a dual-occupancy proposal, we would check the setback applicable to each floor level, rather than assuming the ground-floor setback also applies upstairs.

Detailed Explanation

The current Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) is the relevant technical specification for residential setbacks. It commenced on 1 July 2026, replacing the previous 2025 specifications.

The residential setback framework distinguishes between lower and upper floor levels. Accordingly, when assessing a dual occupancy we would check the applicable setback table for the development type, block size, boundary and floor level.

The setback assessment can distinguish between:

  • lower floor levels;
  • upper floor levels/external walls;
  • upper-level unscreened elements;
  • garages and carports; and
  • front, side and rear boundaries.

This means a design that satisfies the setback at ground level does not automatically establish that the upper storey complies. The upper floor should be checked separately against the relevant setback specification.

Key Point

No minimum block size does not remove the need for planning assessment.

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