Detailed permit guide
A practical explanation of the Victorian side and rear setback rules—and why the right answer still depends on the structure and the site.
The distance to the fence is a useful starting point, but it is not the whole assessment.
In Victoria, side and rear setbacks for a single dwelling and its associated Class 10a buildings are primarily addressed by Regulations 79 and 80 of the Building Regulations 2018. The rules distinguish between a building set back from the boundary, a wall close to the boundary and an open carport.
Regulations 79 & 80
These are the main side and rear boundary controls that commonly shape a domestic outdoor structure.
1 metre
Under Regulation 79, a building up to 3.6 metres high is generally set back at least 1 metre from a side or rear boundary unless an applicable planning scheme schedule specifies another distance. Taller points require progressively greater setbacks.
Up to 500 mm
Regulation 79 allows porches and verandahs to encroach by no more than 500 mm into the required setback. It does not make every patio at that distance automatically compliant; classification, height, enclosure and the way the structure is measured still matter.
Within 200 mm
Regulation 80 applies to a wall on or within 200 mm of a side or rear boundary. Unless varied by the planning scheme, the wall or carport is generally limited to an average height of 3.2 metres, a maximum height of 3.6 metres and a regulated total boundary length.
Within 1 metre
Regulation 80 can also apply to a carport on or within 1 metre of the boundary when the side facing that boundary is open. Closing that side or exceeding the applicable height or length limits can change the approval path.
Classification first
The everyday names patio, pergola, carport and shed are not interchangeable when the design is assessed.
A roofed patio is generally assessed as a verandah, not a pergola. Regulation 79 lists porches and verandahs as permitted encroachments of up to 500 mm into the required setback, but the full design and site still need to be checked.
Regulation 80 provides a specific pathway for a carport on or within 1 metre of a side or rear boundary when the side facing that boundary remains open. Height, length and other requirements still apply.
Enclosed Class 10a buildings do not have the same verandah encroachment. They commonly need either the Regulation 79 setback or a compliant wall on or within 200 mm of the boundary under Regulation 80.
Pergolas are listed separately as an allowable setback encroachment. This relies on the structure remaining a true open pergola; adding a solid or weatherproof roof can change how it is classified and assessed.
Other checks
A proposal can meet one setback rule and still require a different position or another approval.
A zone schedule, approved building envelope, overlay or planning permit can change the siting outcome.
Rules for north-facing and other habitable-room windows, overlooking and overshadowing can require extra assessment.
Easements, covenants, drainage and the verified title boundary can affect the buildable area.
The NCC fire provisions operate separately from the Victorian siting rules, so both checks are needed near a boundary or another building.
Regulations 79 and 80 require the relevant council’s Report and Consent when a building-permit design does not comply with the prescribed siting rule. The council considers the proposal against the relevant Ministerial guideline; approval is not automatic.
FAQs
More detail on the situations we are asked about most often.
One metre is the default side or rear setback for a building up to 3.6 metres high where a planning scheme schedule does not specify another setback. Other controls, including building height, north-facing windows, planning requirements, easements and fire separation, may still require a different design.
Regulation 79 allows a porch or verandah to encroach by no more than 500 mm into the required setback. How the measurement applies to a particular roofed patio depends on its full design, height, walls, roof and site conditions, so the position should be confirmed before construction drawings are finalised.
An enclosed building in this area may be too far from the boundary to use the wall-on-boundary pathway in Regulation 80, while still being too close to meet the usual Regulation 79 setback. Report and Consent or redesign may be needed.
It may be possible when the side facing the boundary remains open and the carport satisfies Regulation 80, including the applicable height and length controls. Fire separation and other site controls must also be checked independently.
Report and Consent is a council assessment that may be required when a design does not comply with a prescribed siting rule. It is not automatic approval; the relevant council considers the proposal against the applicable Ministerial guideline.
Prepared by 2L Constructions and reviewed September 2026. Always use the current requirements for a live project.
Also read the fire separation guideStart Your Project
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