Step 3 of 8: Planning a knock-down & rebuild – Easements & Setbacks

If you’ve never built before, you may not have been aware that there are rules governing how far forward you are allowed to build on your block. All new dwellings must comply with building regulations where minimum front, side and rear setbacks need to be met. 

Generally in established areas, the council requires your home to be set back to the average setback of both of your neighbour’s homes. Should you wish to be further forward than this, council approval is required. Depending on the council, this process of assessment takes approximately six weeks.

Don’t automatically assume that approval will be granted. Minimum setback rules are in place to not only maintain a pleasing aesthetic from the street, but also for street safety, privacy, noise, utilities, existing infrastructure, environmental protection, and with an ever-increasing focus on energy-efficiency, the potential solar impact your home will have on neighbouring homes by it blocking sunlight or airflow. 

Having said that, your application to build closer to the front boundary than is currently allowable has a greater chance of approval the less you’re applying to bring it forward. 

Your architect or draftsman will be able to advise on what might be considered reasonable for council approval to be granted. 

You may have wondered why a lot of homes built over a century ago were built right up to the front of the block. This is because the main form of transport for most households at that time was on foot. It wasn’t until later that automobiles became a mainstream form of transportation that town planning changed to allow for parking space at the front of properties.

Ensure to take the existing driveway position into account when designing the new home as you can’t just move it to the other side of the block should you wish to change it, you’ll need to obtain approval directly from the council.

Easements

Does your block of land have any easements on it? It’s actually rarer for your land not to have an easement than it is to have one, but the position and space it impacts will vary from block to block. 

An easement is a section of earth that has services running under the ground, such as gas, water and electricity, which must remain clear of any building in case the owner of the easement needs to gain access to it via your property. 

If there is any type of structure sitting on top of the easement, the council or owning authority has the right to remove it in order to gain the access they need without being required to return it to its original state.

You’ll see any easement outlined on your council plan of subdivision, which will show exactly where you cannot build. You can also contact the easement’s owning authority (ie: council, water) for clarity on what type of easement it is, and in some rare cases, depending on the age, type, and whether the easement is still in use, you may be able to apply to have the easement lifted. 

Next, we discuss Drainage