What can project into the required building setbacks?
The whole building does not always have to stay behind the setback line because certain smaller elements are specifically allowed to extend into it.
For example, an eave or roof overhang can extend into the setback by up to 600 mm. Gutters, downpipes, steps and certain other listed elements can also be located within the setback.
There is an important difference for side and rear setbacks. These areas can also contain certain listed items such as rainwater tanks, heating or cooling equipment, meters and unroofed pergolas.
However, this is not a general permission for anything to encroach into a setback. If an element is not covered by the permitted encroachments, it should not automatically be treated as complying with 14.5.
Example: An unroofed pergola may encroach into a required side or rear setback, but 14.5(d) does not provide the same allowance for the front setback
Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), 14.5 – Encroachments into the minimum setback – https://www.legislation.act.gov.au/View/ni/2026-303/current/PDF/2026-303.PDF
Short Answer
Certain building elements and structures are allowed to encroach into the minimum required setbacks. Under the Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), 14.5 – Encroachments, the following are permitted:
- Eaves or roof overhangs – up to 600 mm horizontal width.
- Fascias, gutters, downpipes, light fittings and sun blinds.
- Landings, steps or ramps – provided they are no more than 1 m above finished ground level.
- For side and rear setbacks only – rainwater tanks, chimneys, flues, domestic fuel tanks, cooling or heating appliances, electricity and gas meters, aerials, antennae, unroofed pergolas, solar inverters and batteries
Detailed Explanation
Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), 14.5 – Encroachments expressly permits encroachments into the minimum setback for:
- 14.5(a) an eave or roof overhang with a horizontal width of not more than 600 mm;
- 14.5(b) fascias, gutters, downpipes, light fittings and sun blinds;
- 14.5(c) landings, steps or ramps, none of which are more than 1 m above finished ground level; and
- 14.5(d) for side and rear setbacks only – rainwater tanks, chimneys, flues, domestic fuel tanks, cooling or heating appliances, electricity and gas meters, aerials, antennae, unroofed pergolas, solar inverters and batteries.
The Technical Specification also notes that noise from appliances must comply with the applicable noise standards.
Therefore, the minimum setback is subject to these expressly permitted encroachments. Importantly, 14.5(d) applies only to side and rear setbacks, while the encroachments under 14.5(a)–(c) are not expressed with that same side-and-rear-only limitation
No minimum block size does not remove the need for planning assessment.
Would you like to know what these rules mean for your property?
Get a Planning Assessment prepared by our experienced planning team.