Victoria's Siting Regulations Changed in October 2026: What It Means for Your Project

On 27 October 2026 the Victorian Government made two sets of regulations that amend the siting rules in Part 5 of the Building Regulations 2018: the Building Amendment (Siting and Other Matters) Regulations 2026 (S.R. No. 173/2026) and the Building Amendment (Small Second Dwellings) Regulations 2026 (S.R. No. 174/2026). Both commenced on 27 October 2026. Many siting requirements now point directly to standards in the Victoria Planning Provisions, so builders, architects, developers and building surveyors need to check the planning scheme tables when preparing a design.

A quick note on terms. Siting rules sit in the Building Regulations, not the National Construction Code (NCC). A performance solution and a performance solution report deal with NCC matters such as fire, egress and access. A design that does not meet a siting regulation is generally handled through the council report and consent process. Both can apply to the same project, so it helps to separate them early.

Setbacks and site coverage now point to planning scheme tables

Street setbacks (regulation 74) must now be not less than the distance in Table A2-1 in clause 54.02-1 for the relevant development context. Side and rear setbacks (regulation 79) must meet Standard A2-3 in clause 54.02-3. For small second dwellings, regulation 74A now applies in addition to the regulation 74 setbacks.

Site coverage (regulation 76) now refers to buildings that "occupy or cover" the allotment. In the General Residential, Housing Choice and Transport, Mixed Use, Neighbourhood Residential, Residential Growth and Township Zones, where the zone schedule sets no maximum, the limit comes from Table A2-5 in clause 54.02-5. Where neither a schedule nor that table applies, buildings must not occupy or cover more than 60 per cent of the allotment. Check Table A2-5 for the figure that applies to your zone. Permeability (regulation 77) now follows Standard A5-1 in clause 54.05-1.

Overshadowing, overlooking, daylight and open space

The amendments change several amenity tests. For overshadowing of recreational private open space (regulations 83 and 96), the required minimum area is now the secluded private open space area in Standard A4-3 in clause 54.04-3. Private open space (regulation 86) and, for small second dwellings, regulation 86A now refer to Standard A3-2 in clause 54.03-2.

On overlooking (regulation 84), fixed elements that prevent a direct view, such as opaque horizontal ledges or vertical fins, are now recognised as a way to address it. The regulation also no longer applies to a habitable room window in a bedroom. Daylight (regulation 85) now applies to habitable room windows on an external wall, and a habitable room of a new building must also meet Standard A3-4 in clause 54.03-4.

A new rule protects rooftop solar on neighbouring lots

New regulation 79A applies when a building is proposed next to a General Residential, Neighbourhood Residential or Township Zone allotment with a domestic solar energy system fixed to a rooftop. Any part of the proposed building that reduces sunlight to a solar panel between 9 am and 4 pm on 22 September must be set back from the boundary by at least the distance in Standard A5-2 in clause 54.05-2. A design that does not comply needs the report and consent of the relevant council. Early shadow modelling on tight sites is worth the time.

Small second dwellings, and what did not change

The second set of regulations revokes regulation 86B and redefines a small second dwelling: a Class 1a building on an allotment with exactly one Class 1 building, with a gross floor area of 80 square metres or less, not counting attached decks, terraces, patios, balconies, pergolas, verandahs or gazebos, which are still treated as part of the dwelling. The siting regulations also introduce the term "designated flood-prone area" in place of areas liable to flooding.

One point to watch is garden area. Industry commentary reports that planning amendment VC314 changed the garden area definition in the planning schemes so that the main driveway counts. The regulations as made do not amend regulation 76A or the garden area definition in the Building Regulations. On a plain reading, that change would not yet apply to a building permit assessed only under Part 5. Projects that need a planning permit and a building permit may therefore be assessed differently on this point, so confirm the position early.

What this means for your project

  • Check the clause 54 tables and standards in the Victoria Planning Provisions for your zone early, because setbacks, site coverage, permeability and open space now point to them.

  • Re-test designs started before late October against the new tests, especially overshadowing, overlooking and private open space.

  • Model shadows to rooftop solar panels on adjoining lots in General Residential, Neighbourhood Residential and Township Zones before fixing the building envelope.

  • Confirm how garden area will be assessed if your project needs a building permit but no planning permit.

  • Where a siting rule cannot be met, plan for the council report and consent process. Where an NCC provision cannot be met, for example in fire and egress or access, a performance solution may be needed.

Frequently asked questions

What changed in the Victorian Building Regulations siting rules in 2026?
Regulations made on 27 October 2026 amended Part 5. Setbacks, site coverage, permeability, overshadowing, private open space and daylight now refer to planning scheme standards, overlooking has new exclusions and screening options, and a new solar access rule (regulation 79A) was added.

Do I need a performance solution if my design does not meet the siting regulations?
Not usually. Siting variations are generally dealt with through council report and consent, while a performance solution applies to NCC provisions. A project can need both, so confirm the pathway early with your building surveyor.

Does the new garden area definition apply to a Victorian building permit?
The regulations as made do not amend the garden area definition or regulation 76A, so the planning scheme change may not yet apply to a building permit assessed under Part 5. Confirm the position for your project with your building surveyor.

Questions about your project?

If you would like to discuss how the new siting rules apply to a project, contact David Flanagan on 0407 560 708 or david@davbs.com.au.

This content is general information and not advice for a specific project.

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