Homeowners may seek to construct or renovate their houses and/or associated structures (i.e. carport or shed) within their property boundary. There are rules that govern where and how these structures are located from the front, rear and side property boundaries. Find out more about the requirements and how to apply for a siting variation if required. Show
Find what you needThe Queensland Development Code (QDC) regulates the location of a single detached building and other associated structures. Find out the about the requirements for boundary setbacks for lots under 450 square metres and for lots 450 square metres and over. Where an assessment by a private building certifier is required for building near a property boundary, a referral agency response from Council is required. Find out about how to obtain this advice. Council encourages you to advise your neighbours if you are planning to build near the property boundary. Neighbours can provide comments directly to Council through Development.i. Find out more about the requirements in consulting with neighbours. There are rules that set out the distances that single detached housing and other associated structures can be from front, rear and side property boundaries. Find out more about the standard requirements and how to apply for a siting discretion if necessary below. The Queensland Development Code generally sets out where and how single detached houses, associated outbuildings like sheds and attached duplexes can be located on a property – this includes requirements such as boundary setbacks, site coverage and car parking. There are different requirements for lots under 450m2, and for lots 450m2 and over. These will not apply to your property if the Toowoomba Regional Planning Scheme specifies alternative setbacks or site coverage. One example is for dwellings and associated outbuildings in a ‘Rural zone’ where different setbacks are applied. In a ‘Rural Residential’ zone there may be alternative provisions for site coverage. Detached duplexes (i.e. townhouse) are also not governed under the Queensland Development Code. Rather, the design requirements are contained within the Toowoomba Regional Planning Scheme. Single detached dwellings, carports and garages - lots over 450m2The Queensland Development Code Mandatory Part (MP) 1.2 holds the design and siting standards for single detached dwellings (and associated outbuildings like carports and garages) on lots over 450m2. Generally, the proposed buildings must be:
Side and rear boundary setbacks may be different if the building/structure is higher than 4.5m. If you can meet these requirements, as well as the other requirements in MP1.2, you do not need to apply for a siting discretion. There are some exceptions available for certain structures, and criteria associated with each. Some examples include:
If you can meet the criteria associated with one of these exceptions, you do not require anything in writing to confirm this. Contact Council’s Technical Advice team on 131 872 to discuss the exceptions in greater detail and whether you can meet them. Single detached dwellings, carports and garages - lots under 450m2The Queensland Development Code Mandatory Part (MP) 1.1 holds the design and siting standards for single detached dwellings (and associated outbuildings like carports and garages) for lots under 450m2. Generally, the proposed buildings must be:
Side and rear boundary setbacks may be different if the structure is higher than 4.5m. If you can meet these requirements, as well as the other requirements in MP1.1, you do not need to apply for a siting discretion. There are some exceptions available for certain structures, and criteria associated with each. Contact Council’s Technical Advice team on 131 872 to discuss the exceptions in greater detail and whether you can meet them. Preliminary approvals and plans of development for new subdivisionsSometimes when an estate is approved to be subdivided, the developer can put a document in place called a ‘preliminary approval document’, ‘variation approval document’ or ‘plan of development’. This document overrides the rules in the Planning Scheme and Queensland Development Code. It can often include alternative setbacks or application requirements for houses built within that estate. It is recommended that purchasers of lots within new estates check with their developer or real estate agent to see if this is in place. Otherwise, contact Council’s Technical Advice team on 131 872 to determine if your vacant lot will be affected. Attached duplex housingThe Queensland Development Code Mandatory Part (MP) 1.3 holds the design and siting standards for attached duplex housing. Refer to the Queensland Development Code part for further information or contact Council’s Technical Advice team to discuss. Detached duplex housingThe design and siting standards for detached duplex housing is contained in the Toowoomba Regional Planning Scheme. If you cannot meet the design criteria, you are required to lodge a Material Change of Use development application with Council. Submitting a siting discretionIf you cannot meet these setbacks or wish to locate a structure within the setbacks, you will need to make an application for a ‘siting discretion’. How to submit an applicationOnlineSiting discretion applications can be easily submitted and paid for using the online customer service portal, 24/7. It allows applicants to track the progress of their applications submitted through the portal by using one user account per business/individual with ease. Council encourages use of this service wherever possible. Register today to benefit from the full value and use of the portal! Further information about the portal can be found in the 'Submit your development application online' article. Applications can be emailed via . In personApplications can be submitted in person to your local customer service centre. Application requirementsTo make an application, you will need to submit the following:
Application processAfter you submit your application:
Building approvalIf you are required to lodge a siting discretion application for relaxed boundary setbacks, then you will require building approval. To determine if your proposal requires a building works application, contact Council’s Building Certification section on 131 872. Related informationOnline Customer Service Portal Development - Concurrence agency referral building works assessable against the Building Act APP 005 form (for print) Queensland development code. INFO 002 Removal dwellings and buildings information sheet How close to a Neighbours boundary can I build?As a rule of thumb, a build that reaches 7.2 feet is considered acceptable and anything over that we do recommend speaking to your neighbour.
Can I build right up to my boundary?The party wall act allows an absolute right to build up to the boundary between you and your neighbour. It also allows you to build astride the boundary line, but only with your neighbour's consent.
How close can you build to a fence in Qld?The side setback for structures is typically 1.5 metres from side and rear common boundaries however Class 10a structures (such as sheds and carports) can be less when the total building length is not more than 9 metres.
How far should a house be from the boundary?How close may I build to the boundary? You can build up to a height of 2.5m high on the boundary, if the Height in Relation to Boundary Rule applies. However, ground floor windows of habitable rooms in the Living and Rural Villages Environments must be at least 1.2m from the boundary.
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