Do eaves, balconies or other projections count toward setbacks?
Certain building elements can extend into the required setback without being treated in the same way as the main building. These include:
- eaves or roof overhangs up to 600 mm;
- fascias, gutters, downpipes, light fittings and sun blinds;
- landings, steps or ramps that are no more than 1 m above finished ground level; and
- for side and rear setbacks only, certain additional elements such as rainwater tanks, clotheslines, hot water systems, chimneys, heating or cooling appliances, utility meters, unroofed pergolas, solar inverters and batteries.
Balconies are not included in the listed allowable setback encroachments, so they should not automatically be assumed to be permitted within the required setback.
Reference: Residential Zones Technical Specifications 2026 (NI2026-303), 14.5 Allowable setback encroachments – https://www.legislation.act.gov.au/View/ni/2026-303/current/PDF/2026-303.PDF
Short Answer
Some building elements can extend into required setbacks, including qualifying eaves, roof overhangs, gutters, steps and ramps. Additional specified elements are allowed within side and rear setbacks. Balconies are not listed as an allowable setback encroachment.
Detailed Explanation
Certain building elements are permitted to encroach into minimum setbacks under Specification 14.5 of the Planning (Residential Zones) Technical Specifications 2026. These include:
- (a) an eave or roof overhang with a horizontal width of not more than 600 mm;
- (b) fascias, gutters, downpipes, light fittings and sun blinds;
- (c) landings, steps or ramps, provided none is more than 1 m above finished ground level; and
- (d) for side and rear setbacks only, rainwater tanks, clotheslines, hot water systems, chimneys, flues, domestic fuel tanks, cooling or heating appliances, electricity and gas meters, aerials, antennae, unroofed pergolas, solar inverters and batteries.
A balcony is not expressly included among the allowable setback encroachments listed in Specification 14.5 and therefore should not automatically be treated as a permitted encroachment.
No minimum block size does not remove the need for planning assessment.
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