Are external stairs permitted within a setback?
Yes, steps or stairs forming part of an external access can extend into the setback where they fall within the permitted “landings, steps or ramps” and are no more than 1 m above finished ground level.
For example, a short set of entrance steps leading from the ground to the front door may extend into the setback if it meets the 1 m height limit.
A larger or elevated external staircase should not automatically be treated as an allowed encroachment, because 14.5(c) does not give a general setback exemption to every type of external staircase.
Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), 14.5(c) – Encroachments: landings, steps and ramps – https://www.legislation.act.gov.au/View/ni/2026-303/current/PDF/2026-303.PDF
Short Answer
Yes, external stairs can be located within a required setback in certain circumstances. For a development being assessed through a DA, the Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), 14.5(c) permits landings, steps or ramps to encroach into the minimum setback where they are no more than 1 m above finished ground level.
However, 14.5 specifically says “landings, steps or ramps” rather than providing a general exemption for all external stair structures.
No minimum block size does not remove the need for planning assessment.
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