Since its introduction into the Planning Scheme ‘Garden Area’ has been controversial. Whilst planners now have a clearer definition to work with, building surveyors were left a little confused when it came to development that didn’t require a planning permit.

On 10 July, 2018, The Building Amendment (Garden Area and Siting Requirements) Regulations 2018 were made by the Governor in Council. The Regulations insert a new regulation 76A into the Building Regulations 2018. Regulation 76A requires the consideration of a minimum garden area for the construction of a single dwelling in the Neighbourhood Residential Zone and General Residential Zone. This is a mandatory requirement that cannot be varied by a report and consent.