Clause 3.10 of the NSW Housing Code sets where a new house or extension can sit on the lot under a complying development certificate. Front (primary road) setbacks depend on lot area: 3 metres for lots of 200 to 300 square metres, 4.5 metres over 300 to 900, 6.5 metres over 900 to 1,500 and 10 metres over 1,500, or the average of the neighbouring dwellings. Side setbacks depend on lot width and building height, starting at 0.9 metres for the lower part of the building on lots up to 18 metres wide. Rear setbacks depend on lot area and on whether the part of the building is up to or above 4.5 metres high. Corner lots also have a secondary road setback, and battle-axe lots have a 3 metre front setback. Setbacks are where most CDC designs on narrow and small lots are won or lost, so they are worth checking before the floor plan is drawn.
Key takeaways
- Front setbacks are 3, 4.5, 6.5 or 10 metres by lot area band, or the average of the two nearest dwellings within 40 metres on the same side of the road.
- Side setbacks for the lower part of the building are 0.9 metres on lots up to 18 metres wide, 1.5 metres on lots over 18 to 24 metres and 2.5 metres on wider lots, increasing for higher parts.
- Rear setbacks are 3 metres for parts up to 4.5 metres high on lots up to 900 square metres, but 8 metres above 4.5 metres (10 metres, or the neighbours’ average, on lots up to 300 square metres).
- On lots up to 12.5 metres wide, walls can be built to one side boundary (both sides on lots up to 10 metres), subject to conditions and a 3.3 metre height limit.
- Corner lots have a secondary road setback of 2, 3 or 5 metres, and a classified road setback of 9 metres applies on main roads.
Who this is for: builders, designers and owner builders setting out a new house or extension under the NSW Housing Code, who need the setback rules by lot size and width in one place.
What is the front setback under the Housing Code?
| Lot area | Primary road setback |
|---|---|
| 200 to 300 sqm | 3 m, or the average |
| Over 300 to 900 sqm | 4.5 m, or the average |
| Over 900 to 1,500 sqm | 6.5 m, or the average |
| Over 1,500 sqm | 10 m, or the average |
| Battle-axe lot | 3 m (clause 3.10(15)) |
The “average” option uses the setbacks of the two nearest dwelling houses within 40 metres on the same side of the road. In established streets where houses sit further back than the standard, the average can push a new house back; where they sit closer, it can bring it forward. Get the neighbours’ setbacks surveyed rather than estimated.
How are side setbacks calculated?
Side setbacks under clause 3.10(4) depend on lot width at the building line and on height:
| Lot width | Lower part of building | Higher parts |
|---|---|---|
| 6 to 10 m | 0.9 m for the part up to 5.5 m high | Increases by a quarter of the height above 5.5 m |
| Over 10 to 18 m | 0.9 m for the part up to 4.5 m high | Increases with height above 4.5 m |
| Over 18 to 24 m | 1.5 m for the part up to 4.5 m high | Increases by a quarter of the height above 4.5 m |
| Over 24 m | 2.5 m | 2.5 m |
The upper storey therefore usually steps in from the ground floor walls. Check the exact formula in clause 3.10(4) for your width band before fixing the upper floor plan. No wall within 900 millimetres of a side boundary may have a window, door or other opening (clause 3.14).
Can I build to the side boundary?
On narrow lots, yes, with conditions. The Guide to Complying Development summarises clauses 3.10(5) to (8): on lots 6 to 10 metres wide, walls may be built to both side boundaries; on lots over 10 to 12.5 metres, to one side; on wider lots, not at all. Built-to-boundary walls are limited to 3.3 metres high (or no higher than a neighbouring boundary wall), and in length to 20 metres or 50% of lot depth on the narrowest lots, and 10 metres on lots over 10 to 12.5 metres, or the length of the neighbour’s boundary wall. Any wall within 900 millimetres of a boundary needs a professional engineer’s report on protecting the adjoining wall (clause 3.32).
What is the rear setback?
| Lot area | Parts up to 4.5 m high | Parts above 4.5 m high |
|---|---|---|
| 200 to 300 sqm | 3 m | 10 m, or the average of neighbours |
| Over 300 to 900 sqm | 3 m | 8 m |
| Over 900 to 1,500 sqm | 5 m | 12 m |
| Over 1,500 sqm | 10 m | 15 m |
The big jump for upper levels is why two storey CDC houses on standard lots usually have a single storey rear section, with the upper floor pulled towards the front.
Corner lots, main roads, reserves and lanes
- Secondary road setback (corner lots): 2 metres on lots up to 600 square metres, 3 metres over 600 to 1,500, and 5 metres over 1,500 (clause 3.10(11)).
- Classified road setback: 9 metres, or as noted in the planning instrument (clause 3.10(13)).
- Public reserve setback: 3 metres (clause 3.10(14)).
- Parallel road setback: 3 metres, with some reductions for attached development (clauses 3.10(2) and 3.11(6)).
A setback check before you design
- Confirm lot area and width at the building line from the survey.
- Survey the two nearest dwellings within 40 metres if you want to use the front setback average.
- Set out the ground floor envelope from the front, side and rear setbacks.
- Set out the upper floor envelope using the higher side and rear setbacks.
- Check boundary walls, openings within 900 millimetres and the engineer’s report requirement.
- Run the lot through our CDC calculator to confirm the floor area and landscaped area fit inside the envelope.
Definitions
- Setback
- The distance between a building and a lot boundary, measured as the code specifies.
- Primary road
- The road the house faces and has its main frontage to.
- Secondary road
- The second road boundary of a corner lot.
- Built-to-boundary wall
- A wall built on or close to a side boundary, permitted on narrow lots under conditions.
Frequently asked questions
What is the front setback for a CDC house on a 450 sqm lot?
4.5 metres, or the average of the two nearest dwellings within 40 metres on the same side of the road.
How close to the side boundary can I build under a CDC?
0.9 metres for the lower part of the building on lots up to 18 metres wide, more for higher parts. On lots up to 12.5 metres wide, a wall can be built on one boundary (both on lots up to 10 metres) under conditions.
Why is the rear setback so large for the upper storey?
Clause 3.10(10) protects neighbours’ rear yards. Parts above 4.5 metres need 8 metres on lots over 300 to 900 square metres, compared with 3 metres for single storey parts.
Can a certifier vary a Housing Code setback?
No. Complying development must meet every standard. If a setback cannot be met, the project needs a DA.
Our free CDC calculator works out the setbacks for your lot size and width, and our Statements of Environmental Effects make the case to council where a design needs a DA instead. For a site review, request a fee proposal.
Sources and references
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clauses 3.10, 3.11, 3.14 and 3.32, accessed October 2026
- NSW Department of Planning and Environment, Guide to Complying Development (August 2023), Housing Code development standards by lot area and lot width, accessed October 2026
- NSW Planning Portal, Housing Code, accessed October 2026
Information disclaimer. This article is general planning information prepared by the URBA Planning Team and is current at the date of publication. It is not planning, legal or financial advice for any specific property. Planning instruments, development control plans, state policies and the National Construction Code are amended regularly and councils interpret them differently; the controls quoted here should be confirmed against the versions in force at the date of lodgement and against the consent authority’s current requirements. Reliance on this article is at the reader’s own risk. URBA Planning, a division of Contrive Consultants Pty Ltd, accepts no liability for loss arising from its use. For advice on a specific site, contact URBA for a fee proposal.