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Overlooking requirements

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We are in a new estate in Clyde North and our neighbours are building a double storey. In my lounge room I can see straight in to their bathroom, stair well, and another room. We saw a lady go in to the house with window film and I asked if she was doing the windows our side and she said no.
The rooms of our house on that side of the house is our living room, a lounge room and laundry. Why would their windows not need to be frosted?

It's an interesting question...basically if there is 4 metres or more from the relevant window to the boundary of their home, I understand overlooking regs don't apply. It's also a case of first in, best dressed. Perhaps their plans were approved by council prior to your house being built?

I was angry in my case as I happened to be told by the builder it wouldn't be an issue and then at the last minute I needed to have 4 windows changes to frosted glass (not even a privacy shield which could effectively be peeled off later, and much cheaper.)

Good luck,
J
I agree with above. Are these rooms that you can look into on the ground floor or the first floor?


Overlooking is only addressed from habitable room windows, not sure what the third window is but the bathroom and stairwell are classed as non-habitable


Would also be interested in the regulations. Our neighbours started building finally and they have a double storey with a rear balcony that looks into our bedroom and our backyard



Regulations can be found here:
http://www.vba.vic.gov.au/__data/assets ... s-2006.pdf

You are looking for regulation 419.

As others have mentioned, the definition of a habitable room is important.
That definition is:
"Any room of a dwelling or residential building other than a bathroom, laundry, toilet, pantry, walk-in wardrobe, corridor, stair, lobby, photographic darkroom, clothes drying room and other space of a specialised nature occupied neither frequently nor for extended periods.:
definition found here:
http://planningschemes.dpcd.vic.gov.au/ ... pps/72.pdf
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