The amending regulations insert new regulation 76A into the Building Regulations 2018 to apply garden area requirements to the construction of a single dwelling on an allotment (with an area equal to or greater than 400m2) in residential zones consistent with planning scheme amendment VC 143 (which was introduced on 15 May 2018).

The garden area requirement does not apply to an allotment if the allotment has less garden area than the minimum garden area required under the planning scheme applying to the allotment on 27 March 2017.

The amending regulations also amend Schedule 6 of the Building Regulations 2018 to insert references to the Neighbourhood Residential Zone in the Banyule, Boroondara, Cardinia, Colac Otway, Darebin, Indigo, Kingston, Latrobe, Manningham, Maribyrnong, Melton, Nillumbik, Port Philip, Southern Grampians, Wangaratta, Warrnambool, Whittlesea and Yarra Planning Schemes.

Registered Building Surveyors are now required to assess the minimum requirements as part of rescode requirements.

Minimum Garden Area Requirements Applicable to the Construction of a Dwelling

When constructing or extending a dwelling or residential building in the  Neighbourhood Residential Zone or General Residential Zone the minimum percentage of the lot that must be set aside as garden area is determined by the lot size.

Lot size Minimum % of a lot set aside as garden area
400 – 500 sqm 25%
Above 500 – 650 sqm 30%
Above 650 sqm 35%
Minimum Garden Area Requirements Applicable to a Subdivision

The minimum garden area requirement applies to a land subdivision which creates a vacant lot that is less than 400 square meters. A minimum garden area of 25% must be set aside to the area of the vacant lot that is created.

Further information on exemptions and applications can be found here : Applying the minimum garden area requirement