Browse Forums Building A New House Re: Front Setback calculation (rescode 409) clarification 5Aug 13, 2015 3:25 pm The Balcony counts as the front setback so should be 4.4 I am just building a double storey and due to the balcony I had to set my house back further then I wanted. The Building surveyor should know this its their job! Mid point by above is 4.2 so I would bring these points up with the surveyor. Re: Front Setback calculation (rescode 409) clarification 6Aug 13, 2015 3:31 pm Liliana ak1983 have got consent from one of the neighbour. Did you use the Council form for the neighbour's consent? Hi Liliana, Update : Have got a response from both the neighbours. One is positive and one is negative. Good thing is both are on the Council forms, so in the process of sending all the documents to the council for their confirmation. Re: Front Setback calculation (rescode 409) clarification 7Aug 13, 2015 3:33 pm AdsF The Balcony counts as the front setback so should be 4.4 I am just building a double storey and due to the balcony I had to set my house back further then I wanted. The Building surveyor should know this its their job! Mid point by above is 4.2 so I would bring these points up with the surveyor. @ AdsF, I also think the same way and that has been the case with one of my friend who is building a two storey and he has the balcony wall based on the average rule. Anyways, because I have got a formal negative feedback from one of the neighbour and the builder's surveyor is not coming out with a response I have no other option but to get it in writing from the council. Unfortunate and delaying but as they say better to be safe then sorry !!! Re: Front Setback calculation (rescode 409) clarification 8Aug 13, 2015 3:35 pm I would not even bother going down the consent. Bellow is straight from the Building reg: (3) The following may encroach into the setback distance required by subregulation (1) or (2) by not more than 2·5m— (a) porches, verandahs and pergolas that have a maximum height of less than 3·6m above natural ground level; (b) eaves, fascia and gutters; (c) sunblinds and shade sails; (d) screens referred to in regulation 419(5)(d) or 419(6); and (e) decks, steps or landings less than 800mm in height. the balcony is above 3.6m! I can email you the building regulation if you need it for reference. Re: Front Setback calculation (rescode 409) clarification 9Aug 13, 2015 3:44 pm AdsF I would not even bother going down the consent. Bellow is straight from the Building reg: (3) The following may encroach into the setback distance required by subregulation (1) or (2) by not more than 2·5m— (a) porches, verandahs and pergolas that have a maximum height of less than 3·6m above natural ground level; (b) eaves, fascia and gutters; (c) sunblinds and shade sails; (d) screens referred to in regulation 419(5)(d) or 419(6); and (e) decks, steps or landings less than 800mm in height. the balcony is above 3.6m! I can email you the building regulation if you need it for reference. Hi AdsF, believe by building regulation you mean this : http://www.austlii.edu.au/au/legis/vic/ ... /s409.html I was also referring to that. However, builders building surveyor believes that the section you mentioned is only applicable for the house being built not the house that is already approved for build or completed. So, those guidelines are for me to follow not the neighbour. Having said that though Councils building surveyor agrees with what you mentioned and what my understanding is. But because he is not my builders building surveyor he can't give it in writing. Its all because of the incomplete explanation for Rescode 409. So, I have also emailed to the VBA as well to get their view on this. Let's see, fingers crossed. Re: Front Setback calculation (rescode 409) clarification 10Sep 02, 2015 11:43 am For the benefit of those who might be in this situation. Our submission to the council has been done and now are awaiting a feedback on the same, been 3 weeks already and council is tight lipped about the response timelines. Unfortunately, they do not have any timelines that they work with so no other option but to wait. Coming to the ResCode 409 clarification, had written to the VBA as well and they have given a formal response stating that the rescode 409 needs to be read only with regards to the property being built. i.e. Even if the adjoining property is having a balcony that is at 4.4 the set back considered for the already built property in our case has to be 6.4. Re: Front Setback calculation (rescode 409) clarification 14Apr 23, 2016 4:12 pm Anyone had to apply for minimum front setback through monash council? Re: Front Setback calculation (rescode 409) clarification 15Apr 23, 2016 4:33 pm sian.wickham Anyone had to apply for minimum front setback through monash council? Not from Monash, but we had to apply for the same from Wyndham and we got ours approved in 6 weeks time. Re: Front Setback calculation (rescode 409) clarification 16Apr 23, 2016 4:35 pm Thanks ak1983, what setback did you want? We have a minimum of 7.6 through monash and we want 4.5 from front porch. On one side they are 4 metres and the other they are 7. Re: Front Setback calculation (rescode 409) clarification 17Apr 23, 2016 5:25 pm sian.wickham Thanks ak1983, what setback did you want? We have a minimum of 7.6 through monash and we want 4.5 from front porch. On one side they are 4 metres and the other they are 7. We were required to be at 5.2m (as the average of the either side property 4m and 6.4m respectively). And we asked for 4.2m which got approved. Also, not sure why you are considering it from front porch as far as I know the setback is considered from the front habitable wall and not porch as long as it is not more than 3m in height(which would be unlikely) unless there is something specific about your build/council. Re: Front Setback calculation (rescode 409) clarification 18Apr 23, 2016 5:34 pm Yes, it is considered from the front of house so at house we want 5.5m. We are going with porter Davis and they will do it for us we are just concerned that they will miss including done critical things. Re: Front Setback calculation (rescode 409) clarification 20May 22, 2016 9:58 pm Anyone have any idea of how long the front setback dispensation usually takes?? Thanks Draftroom that definitely helps a heap. We are still at the very early stage of planning to see what kind of house would fit on our plot. While we are on a… 3 15712 While i was across this behavior's pre appointing my (the builders) surveyor, I did tell the builder i was aware what they were doing and while i disagreed with it, they… 13 14548 I am not based in Victoria however i had a quick look into your question to understand what you were asking. The way I read the regulations, overshadowing relates to the… 1 2217 |