Can upper storeys have different setback requirements?
Yes. Upper storeys can have different—and often larger—setback requirements than the lower storey. For a dual-occupancy proposal, we would check the setback applicable to each floor level, rather than assuming the ground-floor setback also applies upstairs.
The second storey may need to be set further back from a boundary than the ground floor.
This helps reduce the apparent bulk of a two-storey building and provides greater separation from neighbouring properties. It can also assist with privacy and solar access.
So, even where the ground floor can be relatively close to a boundary, the upper floor may need to step back further.
Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), Assessment Outcome 14 Height, Bulk and Scale - Planning (Residential Zones) Technical Specifications 2026
Link on the answer: https://www.legislation.act.gov.au/View/ni/2026-303/current/PDF/2026-303.PDF
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| Dual Occupancy Q&A | #468 | agrees | 20/08/2026 |