Can an eave be within 450mm of a boundary if it doesn't face that boundary?

YouTube clip

This video describes the application of Allowable encroachments to a common scenario.


Can an eave be within 450 mm of a boundary, if it doesn't face that boundary?

In other words, what I've shown here in red. This comes up a lot on the front of a house, next to a wall that is built up to a boundary, usually in front of the garage. But here is another example. that brick wall is the boundary, you can see the fence continuing either side, and this building here has eaves in front and back.

Note carefully, the eaves are non-combustible, it's a metal roof with metal fascia, and fibre-cement eave sheeting. The question is can this eave, shown in red, be within 450 mm of a boundary if it doesn't face that boundary. That's on the basis that this is a Class 1a building, or a Class 10a which is within 900 mm of the 1a. Is this scenario allowed?

If you think no, that bit of eave isn't allowed, it's likely you're thinking of this provision in Volume Two: Allowable encroachments sub-clause (d). Where, your eaves aren't allowed to be closer than 450 mm from the boundary, even if they have non-combustible cladding and lining. Note, of course, that under fibre-cement sheeting can be used wherever a non-combustible material is required. Now that's true, but when reading a sub-clause, it's very important to read it in the context of the entire provision. Sub-clause d here is about encroachments.

What's an encroachment? An encroachment is any construction between the wall of a building that needs to be protected, and the boundary which makes that protection necessary. And for the eaves in question, they aren't fixed on the wall facing the boundary, so they aren't encroachments for that wall. They are encroachments for the front and back walls of that building, but the boundaries in question are well over 450 mm away, and the front one is a road which doesn't count.

So the answer is yes, this eave can be within 450 mm of a boundary because it's not facing that boundary. But there is an allowable encroachments non-compliance shown in this photograph, besides the fact that the gutter and probably the fascia are hanging over the boundary. Can you see it? Yes, it's the combustible PVC downpipe. requires combustible downpipes that are encroachments to be at least 450 mm back from the boundary.

Related Resources