Overlooking Regulations in Victoria: What It Means For Property Developers

In the architectural profession, there are certain guidelines that direct various aspects of building development. These rules guide the preparation of planning proposals and must be adhered to during the implementation phase. The guidelines are enforced by the relevant local authorities to ensure uniformity in development.

In this article, our focus will be on one particular aspect of building development – overlooking regulations in Victoria. We take a closer look at these guidelines and the impact they may have on your proposed development.

What are Overlooking Regulations and their Objectives?

Overlooking regulations are meant to restrict the view of occupants from an adjoining property into a habitable room of an adjoining building and their secluded private open space. 

The main purpose of overlooking regulations is to maintain privacy, especially in residential neighbourhoods. Though some may be challenging or may even limit access to a view, they are considered to be an essential element in property development. 

Compliance with Overlooking Regulations in Building Developments

According to the Building Regulations in the State of Victoria, development should not have a direct line of sight into an adjacent building’s habitable room and secluded private open space of an existing dwelling. 

Secluded Private Open Space (SPOS)

An area which is to the side or rear of a building, with a specified minimum dimension, that enjoys a certain level of privacy. A secluded private open space is considered part of a private open space that is meant for outdoor recreation activities.

According to the Victorian Building Regulations, a secluded private open space should be screened for at least 90% of its perimeter by a wall or other barrier. The barrier should be a minimum of 1.5 metres high with not more than 25% of its area being open.

Habitable Rooms 

According to the Building Code of Australia, habitable rooms are rooms that you spend a significant amount of time in as an individual or household. Some examples of habitable rooms include bedrooms, kitchens, living rooms and dining rooms. 

Utility rooms such as laundry room, garages, and the pantry cannot be considered habitable rooms. These rooms have a specialised use and are only occupied for a short period of time. 

Direct Line of Sight

A building’s direct line of sight is measured from a point 1.7 metres above the floor; and a 45 degrees fan in 9 metres radius from the window or perimeter of the overlooking balcony or deck as measured from the ground level.

The Victorian Building Regulations further stipulate how development with a direct line of sight may comply with this regulation. Compliance may be achieved by:

• An offset of the window with the direct line of sight by a minimum of 1.5 metres from the edge of one window to the edge of the other.
• A window sill with a height of at least 1.7 metres above floor level.
• An obscure glazing in any part of the window below 1.7 metres from the floor level. Please be mindful that the stick on obscure film is no longer accepted by the council as they require the view to be obstructed permanently. 
• Obscuring the direct line of sight by a permanent and fixed screen that has no more than 25% of its area open.

The above measures help to reduce the visibility of the adjoining building’s habitable room thus ensuring adequate privacy is maintained.

Exemptions to Overlooking Regulations in Victoria

There are some exemptions to the overlooking restrictions in the Victorian Building Regulations. They apply to a development’s habitable room or raised open space if:

• There are visual barriers at least 1.8 metres high at the boundary of the adjoining dwelling.
• The floor level of the habitable room or raised open space is less than 800 mm above the ground level at the boundary.

Conclusion

The overlooking building regulations in Victoria are necessary for privacy between adjacent dwellings. Overlooking regulations are among the essential guidelines that help to maintain order and cohesion in property development. As such, they should always be considered in planning proposals, particularly in multi-storey developments.

At SQM Architects, we create innovative designs that meet your specific needs and comply with the outlined building regulations. Connect with us today to learn more about our expert services.