Browse Forums General Discussion 1 Oct 07, 2011 3:07 pm Hello all! I am having a ball with the council and even some inexperienced building surveyors regarding plans for a side street setback of a verandah. I was hoping someone could help make sense of this! My corner block has two separate streets and I want to build a verandah on the side street right up to the fence. According to Building Regulations 2006 table 409 it reads: Corner Allotment – If there is a building on the adjoining allotment facing the same street, then … Minimum setback from a side street alignment is … The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the side street or 2m, whichever is lesser So according to this, even though the next door neighbour’s front wall is 2.5m away, 2m happens to be lesser. But because I building a verandah, sub section (3) reads: The following may encroach into the setback distance required by sub-regularion (1) or (2) by no more than 2.5m – (a) verandahs under 3.6m But the Brimbank Council Building Surveyor disregards this and states that on a corner block, my verandah cannot be further out from my house than 2.5m. So I was like WTF? I am like, where does it say that? Has anyone had a similar situation or can shed some light on this? Re: Building a verandah on a corner block - Regulation issue 2Oct 07, 2011 8:01 pm You're mixing and matching regulations for different things and it doesn't quite work. This... Quote: Corner Allotment – If there is a building on the adjoining allotment facing the same street, then … Minimum setback from a side street alignment is … The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the side street or 2m, whichever is lesser So according to this, even though the next door neighbour’s front wall is 2.5m away, 2m happens to be lesser. ... relates to the setback from the block boundary to your side "facade" (ie. the point at which the "side" of your house projects furthest towards the side road). Quote: But because I building a verandah, sub section (3) reads: The following may encroach into the setback distance required by sub-regularion (1) or (2) by no more than 2.5m – (a) verandahs under 3.6m But the Brimbank Council Building Surveyor disregards this and states that on a corner block, my verandah cannot be further out from my house than 2.5m. So I was like WTF? I am like, where does it say that? Has anyone had a similar situation or can shed some light on this? This specifically relates to encroachment into setbacks for things such as verandahs, not the size of the verandah's themselves. There is an implication that the maximum permitted verandah depth would be 2.5m if the furthest point your side wall projects towards the side street is minimum permitted setback distance already, but this becomes a grey area when your side setbacks are significantly less than your front setbacks. It may very well be that the council has chosen to adopt this maximum encroachment distance as the maximum permissible depth of a verandah, but that is something you'll have to discuss with the council as it is not covered by the building regulations (you'll have to seek out the council's own regulations WRT verandahs and side setbacks). Out of curiosity what are you trying to do - what is the minimum distance your side wall (as in the walls of the house, not the verandah) is set back from the side boundary and what is the depth of your proposed verandah returning to the side of the house? Some people apparently have nothing better to do than comment on other people's sigs. Re: Building a verandah on a corner block - Regulation issue 3Oct 07, 2011 8:02 pm ignore - clicked on the wrong button... Some people apparently have nothing better to do than comment on other people's sigs. Re: Building a verandah on a corner block - Regulation issue 4Oct 07, 2011 11:01 pm Thanks for your reply. My house sits minimum 2.5m from the side boundary for 3m of it, 3.6m for another 10m. I am wanting to build along that 13m a verandah to extend from the house all the way to the fence. I am not sure how I am mix and matching regulations considering I typed word for word Section 409 (1), (2) & (3). I talked to the Master Building Surveyor for the council and he said that there was no issue, but it seems that others in the council don't share the same. Re: Building a verandah on a corner block - Regulation issue 5Oct 08, 2011 7:55 am Adam.M Thanks for your reply. My house sits minimum 2.5m from the side boundary for 3m of it, 3.6m for another 10m. I am wanting to build along that 13m a verandah to extend from the house all the way to the fence. Does that mean that you want to build your verandah all the way out to the fence line - ie. 2.5m deep for the first 3m of the return down the side and 3.6m deep for the other 10m (ie. have your verandah extend to the visible side boundary all the way down to where the fence begins)? One more obvious question - are we talking about a verandah returning from the front of the house down the side (ie. forward of where your fence begins) or will it be back from where the fence begins (ie. in your back yard)? Adam.M I am not sure how I am mix and matching regulations considering I typed word for word Section 409 (1), (2) & (3). I meant what I said here - you are looking for the regulations to support that you can have any size verandah (depth-wise) that you want, but what you're trying to quote relates to the setback of the house from the side boundary and the encroachment of the verandah into said setback. Neither one of these things has anything to do with the depth of the verandah, although other issues such as the minimum distance the council requires that structures such as verandahs must be from the block boundary may have an impact on their decision. I did mention that out of convenience the council might have adopted a policy of verandah's being no more than 2.5m deep as it covers any situation which the building regulations address wrt encroachment into setback, but that is something you'll have to thrash out with them (just looking to shed some light on potential reasoning at their end for you). Adam.M I talked to the Master Building Surveyor for the council and he said that there was no issue, but it seems that others in the council don't share the same. You can arrange to have mediation regarding your (rejected) plans with the council's town planner or lodge an appeal with the council's planning committee if needs be, but I'm pretty sure you won't be able to just stuff the regulations from the building act you have quoted down their throat to force them to accept your plan as the bits you are quoting don't really support your case in as much of a black and white manner as I suspect you think they do. Some people apparently have nothing better to do than comment on other people's sigs. Re: Building a verandah on a corner block - Regulation issue 6Oct 10, 2011 9:10 am My interpretation is - you can encroach into your 'front' boundary setback by up to 2500 & into your 'side' boundary by 500. Peter Clarkson - AusDesign Australia www.ausdesign.com.au This information is intended to provide general information only. It does not purport to be a comprehensive advice. Re: Building a verandah on a corner block - Regulation issue 10Dec 07, 2011 10:34 am Update Went to the council. Sat down and discussed my predicament. Council Building Surveyor agreed that due to regulation 409 & table 409 back up my argument that I am allowed to build up to boundary. Went back 2 weeks later to submit my plans. The same surveyor on receiving the plans asked "do you have council consent for building on the boundary?" x 1,000,000 The surveyor kindly took the plans and said he will look into it. Fingers crossed he came to his senses! Re: Building a verandah on a corner block - Regulation issue 12Jan 16, 2013 7:02 pm Up! Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ As stated in the previous posts, my biggest concern was around the setback of the verandah to the road but that was hardly the issue and went without a hitch. The left hook was the habitable windows though. So in my case there is a kitchen window which had to have two clear panels over the window... and pay the council $225 for the privilege But otherwise enjoying the verandah in all it's glory! Considering I have gone through the lot, I am happy to assist those in similar situations. Re: Building a verandah on a corner block - Regulation issue 13Jan 16, 2013 7:12 pm Nice job! I don't understand council's issue with the kitchen window...the window was already there and hasn't moved any closer to the boundary. Seems crazy. Re: Building a verandah on a corner block - Regulation issue 14Jan 16, 2013 7:43 pm Adam.M Considering I have gone through the lot, I am happy to assist those in similar situations. About to have a chat with Brimbank as well.. we want our verandah on the boundary also.. Might need to lean on you. Re: Building a verandah on a corner block - Regulation issue 15Jan 16, 2013 7:44 pm The issue with building to any boundary is two fold. The first is fire separation. Basically, all construction within a metre of a boundary has to be fire rated to prevent fire spreading from one property to another. Because the relevant boundary is a street boundary and no other properties are affected, this gives the council a bit of leeway into relaxing the regulation. The second is light and ventilation to habitable roof windows. When you built to the boundary, you cut off light to the rooms under the verandah. In this case, the council has relaxed the regulation to allow clear sheets over the kitchen window but most surveyors wouldn't. So, think yourself lucky. I normally pay between $450-$1000 to sort out this issue with councils for my clients. Well done. Re: Building a verandah on a corner block - Regulation issue 17Jan 16, 2013 8:48 pm G-Thorpe The issue with building to any boundary is two fold. The first is fire separation. Basically, all construction within a metre of a boundary has to be fire rated to prevent fire spreading from one property to another. Because the relevant boundary is a street boundary and no other properties are affected, this gives the council a bit of leeway into relaxing the regulation. The second is light and ventilation to habitable roof windows. When you built to the boundary, you cut off light to the rooms under the verandah. In this case, the council has relaxed the regulation to allow clear sheets over the kitchen window but most surveyors wouldn't. So, think yourself lucky. I normally pay between $450-$1000 to sort out this issue with councils for my clients. Well done. Thank you for the compliments. Although I would like to formally thank another member on this forum pastrychef who helped me build the verandah! As for the council, what I found was that they tended to get confused over the interpretation of the regulations and hence why I had a tough time. Although I managed to get through to Kelly who is the Master Building Surveyor at Brimbank Building Services who new exactly what I was on about and put me on the right track. All in all a bit frustrating but it's done! Re: Building a verandah on a corner block - Regulation issue 18Aug 23, 2017 7:19 pm Hello all! I was searching the net in the hope of finding some one who has had a similar situation to myself and was lucky enough to come across this thread. I also live on a corner block however it is elevated 1.500mm from the nature strip. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ I wanted to extend the existing retaining wall that can be seen on the right around the electrical kiosk, along my boundary to increase my usable backyard space. I then wanted to fence the area in colourbond style fence with posts supporting a stratco style veranda over the new space. The existing Pauling fence was 2 meters from the glass sliding door. By pushing the fence out to the boundary it would be around 5 meters from the house creating and area 5 x 14 meters. After 2 years of discussion, report and consent process with council I was given permission to construct a wall to a height of 1.600mm by 14m long I was then to set my fence back 800mm from the boundary to incorporate a garden bed to maximise street appeal. By the time I used a 300mm block for the wall and as the wall is 100mm in from my boundary in order to tie in with the existing blocks, this has left me with a 400mm x 14 meter garden bed. They then required the veranda to be set back 1 meter from the boundary so 100mm behind the fence! As it had taken a long time to get this far I decided it would be best to remove the veranda from the table for now in order to get the project started. So now after 9 moths of construction we are at this point! Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ The original paling fence was 2 meters from the house. The new colourbond fence sits 4.8 meters from the house. All in all we have gained about 50 square meters of usable space which will be concreted in the coming months. As you can see in the photo I have planed ahead for the veranda by installing tall fence posts as I really want the space to be usable all year round. My intention is to use an automated louvre style roof in order to maintain natural light into the house. My wife is thinking she would like to go ahead and build the veranda without involving council however I prefer to have it ticked off just for resale purposes. My question is can my veranda be 800mm set back from the boundary and can it be 3.850 from the nature strip (as this is what council tell me is natural ground level) From the nature strip it will be 1500mm to the top of the concrete slab. I then wish to maintain a clearance of 2.100mm to the veranda beams. I believe the setback is fine? However I'm sure the hight would require another report and consent as it exceeds 3.600mm Any advice would be greatly appreciated Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Hi, I'll be starting on my verandah repair soon - replace ledger, rafters, roofing iron, flashing etc. (fascia board already done). My question is about the timber ledger… 0 3334 1 2992 4 14309 |