Private Open Space: Benefits and Design Tips

Private open space is an essential aspect of modern living. It refers to any outdoor area used exclusively by occupants of a dwelling. Private open space is an extension of the home and provides a space for relaxation, recreation, and entertainment. It also encourages indoor-outdoor living opportunities and works best when integrated into the overall design of the building.

Private open space can include any of the following: backyard, deck, balcony, terrace, courtyard, front garden, pool area, and more. The size and design of private open space depend on various factors, such as the size of the dwelling, the number of occupants, and the intended use. Private open space must be designed to provide adequate space for the reasonable recreation and service needs of residents.

In Australia, building regulations require that Class 1 buildings have private open space of at least a minimum area and dimension. The private open space must be located so it can be accessed from one or more of the dwelling’s living areas such as a lounge, kitchen, bedroom, or study. At least half of the required private open space for a dwelling must be permeable, allowing for the growth of trees and plants.

Private Open Space: An Overview

Private open space refers to any outdoor area exclusively used by occupants of a dwelling. It is an essential component of residential buildings, providing a space for outdoor recreation, relaxation and entertainment. Private open space is an important factor in determining the overall amenity of a dwelling and its surrounding environment.

The area of private open space required for a dwelling is regulated by local planning authorities. In some areas, there are minimum requirements for the size and dimensions of private open space. For example, a Class 1 building in a zone specified in Schedule 6 of the Building Regulations 2018 must have private open space of at least the minimum area and dimension specified in the relevant schedule.

Private open space can take many forms, including backyard, deck, balcony, terrace, courtyard, and pool area. The design and location of private open space can significantly impact the functionality and enjoyment of the space. For example, a well-designed private open space that is integrated into the overall design of the building can encourage indoor-outdoor living opportunities and enhance the overall amenity of a dwelling.

Urban change means that access to private open space may alter over time. Preserving existing open space is important as it can be modified over time to perform different open space roles in response to changing community needs. Appropriately located, well-designed and maintained public open space will become more important for future communities.

Understanding the Regulations

When it comes to private open space, there are various regulations you need to follow. These regulations are put in place to ensure that your property is safe, habitable and meets certain standards. In this section, we will discuss some of the regulations you need to keep in mind.

Building Regulations

The Building Regulations 2018 in Victoria provide the minimum standards for building construction and safety. Regulation 86 of the Building Regulations 2018 specifies that if your allotment is in a zone of a planning scheme specified in Schedule 6 and the schedule to that zone specifies a minimum area and dimension for private open space, then a Class 1 building on that allotment must have private open space of at least that minimum area and dimension.

Planning and Environment Act

The Planning and Environment Act in Victoria sets out the framework for land use and development in the state. Clauses 54 and 55 of the Act require that all new residential developments must meet certain standards, including those related to private open space. Private open space is defined as an outdoor area on a lot that is available for the use of the occupants of a dwelling on that lot.

Building Code of Australia

The Building Code of Australia (BCA) is a national code that sets out the minimum requirements for the design and construction of buildings in Australia. Part 3.7 of the BCA sets out the requirements for private open space. It specifies that private open space must be provided for each dwelling in a building, and must be of a certain size and dimension.

Authority Approval

Before you can build or renovate a property, you will need to obtain approval from the relevant authority. This may include local council approval, building approval or planning approval. It is important to ensure that your plans comply with all relevant regulations and standards before you begin construction.

Standards and Guidelines

There are various standards and guidelines that provide further guidance on private open space requirements. For example, the Residential Development Standards (ResCode) provide detailed guidance on private open space requirements, including standards for front fences and private open space dimensions. It is important to consult these standards and guidelines when designing your property to ensure that you meet all relevant requirements.

Importance of Design and Dimension

Private open space is an essential element of any dwelling. It provides a place for occupants to relax and enjoy outdoor activities. However, the design and dimension of private open space are crucial factors that can affect the overall quality of life and well-being of the occupants.

When designing private open space, it is important to consider the minimum dimension requirements. According to the Planning Practice Note 27, the minimum dimension for private open space is 3 meters. This ensures that the space is large enough to accommodate outdoor activities and furniture. However, it is important to note that the minimum dimension may vary depending on the type of construction and structure of the building.

Another important factor to consider is the building line and natural ground level. The private open space should be located within the building line and should not be raised more than 1 meter above the natural ground level. This ensures that the space is integrated with the overall design of the building and does not interfere with the surrounding environment.

The orientation of the private open space is also an important consideration. According to Clause 54.05-3 of the VicSmart Guide, the private open space should be located on the north side of the dwelling, if practicable. This ensures that the space receives adequate sunlight throughout the day, making it a comfortable and enjoyable space for occupants.

In addition to meeting the minimum dimension requirements, the design of private open space should also be aesthetically pleasing and functional. This can be achieved through the use of landscaping, outdoor furniture, and other design elements. The design should also take into account the needs and preferences of the occupants, ensuring that the space is tailored to their lifestyle.

Role of Council and Authorities

As a council or relevant authority, it is your responsibility to ensure that private open spaces (PoPS) are planned, designed, and managed appropriately. This includes ensuring that PoPS are accessible to the public and that they meet the needs of the surrounding community.

When planning for PoPS, it is important to consider adjacent land uses and setbacks. This can help to ensure that PoPS are compatible with surrounding land uses and that they do not negatively impact nearby properties. It is also important to consider the zoning of the land, as this can impact the type and size of PoPS that are allowed.

Objectives for PoPS should be developed in consultation with the community and should reflect community needs and preferences. This can include providing spaces for passive recreation, such as sitting and enjoying the surroundings, as well as spaces for active recreation, such as sports and exercise.

Residential development provisions should also be taken into account when planning for PoPS. This can include requirements for the provision of PoPS within new residential developments, as well as requirements for the maintenance and management of existing PoPS.

In the state of Victoria, the Open Space Strategy provides guidance on the planning and management of PoPS. This strategy outlines the importance of providing high-quality PoPS that meet the needs of the community. It also provides guidance on the planning and design of PoPS, as well as the management and maintenance of existing PoPS.

Permits and Approvals

When it comes to private open space, there are several permits and approvals you may need to obtain before you can begin any building work. Here are the most common entities you may need to consider:

Building Permit

If you plan to construct any structures on your private open space, you will likely need to apply for a building permit. A building permit is a legal document that confirms your building plans meet the relevant building codes and standards. It is usually issued by your local council or a private building surveyor.

Planning Scheme

A planning scheme is a legal document that outlines the land use and development policies for a particular area. It is created by local councils and approved by the state government. You will need to ensure that your private open space plans comply with the relevant planning scheme for your area.

Planning Permit

A planning permit is a legal document that allows you to undertake specific land use and development activities on your property. It is usually required for larger projects or those that may have a significant impact on the surrounding area. You will need to apply for a planning permit from your local council.

Approved

Before you begin any building work on your private open space, you will need to ensure that your plans have been approved by the relevant authorities. This may include your local council, a private building surveyor, or other relevant government agencies.

Building Work

Building work refers to any construction or alteration work that is carried out on a property. This may include the construction of new structures, the renovation of existing structures, or the demolition of structures. You will need to ensure that any building work you undertake on your private open space complies with the relevant building codes and standards.

Overall, obtaining the necessary permits and approvals for your private open space can be a complex process. It is important to seek professional advice and guidance to ensure that your plans meet all the relevant legal requirements and standards.

Privacy Considerations

When designing private open spaces, privacy is a crucial consideration. You want to create a space that is enjoyable and comfortable, while also ensuring that your privacy is maintained. Here are some privacy considerations to keep in mind:

Screens and Fences

Screens and fences are an effective way to create a visual barrier and maintain privacy in your private open space. A fence can be a permanent and fixed screen that provides privacy from the street or neighbors. Alternatively, a screen can be a temporary and movable option that can be adjusted to suit your needs.

Balcony and Terrace

Balconies and terraces are great spaces for outdoor living, but they can also be visible from the street or neighboring properties. To maintain privacy, consider installing a direct line of sight offset, which can provide an element of privacy while still allowing you to enjoy the view.

Obscure Glazing

Obscure glazing is another option to consider when designing your private open space. This type of glazing can be used to create a visual barrier while still allowing natural light to filter through. This is a great option if you want to maintain privacy but still want to enjoy the view.

Visual Barrier

A visual barrier is a great way to create privacy in your private open space. This can be achieved through the use of plants, screens, or other decorative elements. A visual barrier can be used to block the view from neighboring properties or to create a more secluded space within your private open space.

Types of Private Open Spaces

When it comes to private open spaces, there are different types that can be found in residential properties. These spaces can vary in size, location, and purpose. In this section, we will discuss some of the common types of private open spaces that you may encounter.

Secluded Private Open Space

Secluded private open spaces are areas that are hidden from public view and are intended for the exclusive use of the property owner. These spaces are typically located at the rear of the property and may be surrounded by walls, fences, or other barriers to provide privacy. Secluded private open spaces can be used for a variety of purposes, such as gardening, outdoor dining, or relaxation.

Recreational Private Open Space

Recreational private open space is any part of a private open space on an allotment that is used for recreational purposes. This can include areas for playing sports, such as basketball or soccer, or for swimming in a pool. Recreational private open spaces are typically located at the side or rear of the property and are designed to provide the property owner with a space to engage in leisure activities.

Other Types of Private Open Spaces

In addition to secluded and recreational private open spaces, there are other types of private open spaces that you may encounter. These include:

• Deck, terrace, patio, balcony, pergola, verandah, gazebo, swimming pool or spa
• Front garden
• Courtyard

Each of these private open spaces has its own unique characteristics and can be used for a variety of purposes. For example, a front garden may be used for landscaping and gardening, while a deck or patio may be used for outdoor dining and entertainment.

Residential Development and Open Spaces

When it comes to residential development, providing adequate open space is an important consideration. Open space can include private outdoor areas for individual dwellings, as well as communal spaces for larger developments. In this section, we will explore some of the key requirements and considerations for open spaces in residential developments.

Private Open Space

Private open space refers to outdoor areas that are exclusively for the use of occupants of a dwelling. This can include backyards, balconies, terraces, and courtyards. In residential developments, the provision of private open space is typically required by local planning schemes or regulations.

The minimum area required for private open space can vary depending on the location and type of development. For example, in Victoria, the minimum area for private open space is 40 square metres for a single dwelling on an allotment of less than 500 square metres. In New South Wales, the minimum area is 25 square metres for a dwelling with one or two bedrooms, and 35 square metres for a dwelling with three or more bedrooms.

In addition to minimum area requirements, private open space must also meet certain standards for usability and amenity. For example, in Victoria, private open space must be at ground level or accessible by stairs, and must be screened from overlooking by adjoining allotments. Habitable room windows must also be positioned to avoid overlooking.

Communal Open Space

Communal open space refers to outdoor areas that are shared by multiple dwellings in a development. This can include courtyards, gardens, and other outdoor recreation areas. The provision of communal open space is typically required for larger residential developments, such as apartment buildings or townhouse developments.

The minimum area required for communal open space can vary depending on the location and type of development. For example, in Victoria, the minimum area for communal open space is 25% of the site area for developments with 10 or more dwellings. In New South Wales, the minimum area is 2 square metres per dwelling, plus an additional 25% of the site area for developments with more than 10 dwellings.

Communal open space must also meet certain standards for usability and amenity. For example, it should be designed to provide a range of outdoor activities, such as seating areas, play equipment, and BBQ facilities. It should also be accessible to all residents, including those with disabilities.

Site Coverage

Site coverage refers to the proportion of a site that is covered by buildings and other structures. In residential developments, site coverage is typically regulated to ensure that there is adequate open space for outdoor recreation and other activities.

The maximum site coverage allowed can vary depending on the location and type of development. For example, in Victoria, the maximum site coverage for a single dwelling on an allotment of less than 500 square metres is 60%. In New South Wales, the maximum site coverage for a dwelling is typically around 50%.

Overlooking

Overlooking refers to the ability of one property to overlook another property. In residential developments, overlooking can be a concern if it impacts on the privacy of occupants.

To avoid overlooking, local planning schemes and regulations typically require certain setbacks between buildings and other structures. For example, in Victoria, a habitable room window must be setback at least 9 metres from a side or rear boundary if it overlooks an adjoining allotment.

Additional Features of Private Open Spaces

Private open spaces can be customized to meet your unique lifestyle needs. There are several additional features that you can add to your private open space to make it more functional and enjoyable. Here are some of the most popular features:

Spa

Adding a spa to your private open space can be a great way to relax and unwind after a long day. A spa can also add value to your property and make it more attractive to potential buyers. When adding a spa, make sure to consider the size of your private open space and the type of spa that will fit in the space.

Storey

If you have a multi-storey dwelling, you can create a private open space on each level. This can be a great way to maximize your outdoor living space and create different areas for different purposes. For example, you can create a barbecue area on the ground level and a lounge area on the upper level.

Basement

If you have a basement, you can create a private open space by adding a skylight or a window well. This can be a great way to bring natural light into your basement and create a more inviting space. You can also add plants and other natural elements to create a more relaxing and peaceful environment.

Permeable Surfaces

Using permeable surfaces in your private open space can help to reduce stormwater runoff and improve water quality. Permeable surfaces allow water to filter through the soil and recharge the groundwater. This can help to reduce erosion, improve soil health, and create a more sustainable landscape.

Trees

Adding trees to your private open space can provide shade, improve air quality, and create a more natural environment. When choosing trees, make sure to consider the size of your private open space and the type of tree that will thrive in your climate. You can also add other plants and landscaping features to create a more diverse and attractive landscape.

Definitions and Terminology

When it comes to private open space, there are a few key terms and definitions that you should be aware of. This section will cover some of the most important ones.

Austlii

Austlii is the Australasian Legal Information Institute, which provides free access to a wide range of legal information, including legislation, case law, and law reform reports. You may come across Austlii when researching building regulations and other legal requirements related to private open space.

Schedule

In the context of private open space, a schedule is a list of requirements or guidelines that must be followed. For example, a schedule to a zone in a planning scheme may specify a minimum area and dimension for private open space. If you’re building a Class 1 building on an allotment in a specified zone, you’ll need to ensure that your private open space meets the requirements set out in the schedule.

Definitions

It’s important to understand the definitions of certain terms when it comes to private open space. For example, in New South Wales, the term “principal private open space” refers to an area outside a dwelling that is directly accessible from, and adjacent to, a habitable room in the dwelling, other than a bedroom. It must be at least 3m wide and 3m long, and not steeper than a 1:50 gradient. Other states and territories may have different definitions, so it’s important to check the relevant legislation and regulations.

Directly Accessible

When we talk about private open space being “directly accessible,” we mean that it can be easily reached from inside the dwelling. For example, if you have a sliding door leading from your living room to your backyard, the backyard would be considered directly accessible. This is an important consideration when it comes to meeting the requirements for private open space.

Frequently Asked Questions

What are the minimum side setback requirements for a private open space in Victoria according to ResCode Clause 55?

ResCode Clause 55 requires that the side setback for a private open space must be at least 1 metre wide for a wall up to 3 metres in height and 1.5 metres wide for a wall over 3 metres in height.

What is the definition of private open space in Victoria according to ResCode Victoria 2022?

ResCode Victoria 2022 defines private open space as an outdoor area that is not covered by a roof, and is accessible from the dwelling. The private open space should be able to accommodate outdoor activities and provide a sense of privacy.

What are the design requirements for private open space in Victoria according to ResCode Clause 55?

ResCode Clause 55 requires that private open space should be designed to provide adequate sunlight, ventilation, and privacy. The design should also take into account the topography of the land, the orientation of the dwelling, and the existing vegetation.

What are the minimum dimensions for a private open space in Victoria according to ResCode Clause 55?

ResCode Clause 55 requires that the minimum area of private open space for a dwelling in Victoria is 40 square metres. The private open space should be at least 3 metres wide and have a minimum dimension of 5 metres.

What are the overlooking rules for private open space in Victoria according to ResCode Clause 55?

ResCode Clause 55 requires that a new building should not overlook the private open space of an existing dwelling. The design of the new building should ensure that there is no direct view into the private open space or habitable living areas of the existing dwelling.

What is the purpose of private open space in Victoria according to ResCode Clause 55?

The purpose of private open space in Victoria according to ResCode Clause 55 is to provide an outdoor area for recreational activities and to improve the quality of life for residents. Private open space also provides a sense of privacy and helps to maintain the character of the neighbourhood.

Wrapping Up

Private open spaces play a crucial role in enhancing the quality of our living environments. Whether it’s a backyard, terrace, or balcony, these areas provide a sanctuary where we can unwind, connect with nature, and enjoy privacy. The article has explored the benefits of private open spaces and the various design considerations to maximise their potential.

If you have any further questions or would like to discuss your specific requirements for designing a private open space, we encourage you to contact SQM Architects. Our team of experienced professionals will be more than happy to assist you in creating a personalised and functional outdoor haven. Don’t hesitate to reach out to us for expert guidance and advice.