Roofed patios and alfrescos near the boundary in WA: non-combustible construction rules

NCC 9.6.1 — Measurement of distances

NCC 2025 Housing Provisions — Western Australia variation · Read this clause on ncc.abcb.gov.au ↗

[WA variation — replaces clause 9.6.1 in WA]

(1) For roofed outdoor areas complying with WA 9.6.2(1) the distance is measured between the outermost structural projection of the roofed outdoor area and—

(a) the allotment boundary; or

(b) the external wall of another building on the same allotment; or

(c) the outermost structural projection of another roofed outdoor area on the same allotment (see WA Figure 9.6.1a).

(2) For roofed outdoor areas complying with WA 9.6.2(3) the distance is measured to the outermost projection of the roofed outdoor area and—

(a) the allotment boundary; or

(b) the external wall of another building on the same allotment including the outermost projection of any encroachment; or

(c) the outermost projection of another roofed outdoor area (see WA Figure 9.6.1b) on the same allotment; or

(d) the external wall of the building including the outermost projection of any encroachment.

(3) The distance from any point on a roofed outdoor area to an allotment boundary, another building or another roofed outdoor area is the distance to that point measured in accordance with (1) and (2) along a line at right angles, without being obstructed by a wall complying with 9.2.3.

(4) Where the distance measured is between attached or detached buildings of different heights, the distance must be taken from the external wall or, in relation to a roofed outdoor area, the outermost structural projection in accordance with 9.6.1(1) or, the outermost projection in accordance with 9.6.1(2) with the highest elevation measured at right angles to a point that intersects the nearest part of a vertical projection above the adjacent building and—

(a) for roofed outdoor areas complying with WA 9.6.2(1) the measurement excludes any eave overhang (see WA Figure 9.6.1c); and

(b) for roofed outdoor areas complying with WA 9.6.2(3) the measurement includes any eave overhang measured to the outermost projection (see WA Figure 9.6.1d).

The outermost structural projection will typically be the outside face of the fascia, or the roof structure where there is no fascia.

The outermost projection will typically be the outside face or leading edge of the rainwater fittings, or the roof cover where there are no rainwater fittings.

NCC 9.6.2 — Roofed outdoor areas

NCC 2025 Housing Provisions — Western Australia variation · Read this clause on ncc.abcb.gov.au ↗

[WA variation — replaces clause 9.6.2 in WA]

(1) Unless provided with an external wall compliant with 9.2.3 a side of the roofed outdoor area must be not less than—

(a) 900 mm from an allotment boundary; or

(b) 900 mm from a Class 10 building unless the roofed outdoor area is protected in accordance with 9.2.5; or

(c) 1.8 m from another building or roofed outdoor area on the same allotment, other than—

(i) a Class 10a building where the roofed outdoor area is protected in accordance with 9.2.6; or

(ii) a detached part of the same Class 1 building to which the roofed outdoor area is associated; or

(iii) a roofed outdoor area complying with WA Part 9.6 associated with the Class 1 building.

(2) The requirements of WA 9.6.2(1) do not apply to a boundary adjoining a road or other public space.

(3) Notwithstanding WA 9.6.2(1), a roofed outdoor area is allowed up to but not closer than 500 mm from an allotment boundary or up to but not closer than 1 m from another building, or its vertical projection, on the same allotment when measured in accordance with WA 9.6.1 if—

(a) it has two or more sides open and not less than one third of its perimeter open; and

(b) for the purposes of (a), a side is considered to be open if—

(i) it is without walls or openings capable of being closed for not less than two thirds of its length; and

(ii) the outermost projection adjacent to that side is not less than 1 m from another building or roofed outdoor area on the same allotment or, 500 mm from an allotment boundary or the external wall of the building (see WA Figure 9.6.2a, WA Figure 9.6.2d and WA Figure 9.6.2e); and

(c) the supporting structure of the roofed outdoor area must be constructed from non-combustible materials, except that timber roof framing may be used where fully concealed by non-combustible ceiling and/or eaves lining, roof cover, gutters and fascias (see WA Figure 9.6.2b); and

(d) it does not provide direct vertical support to any part of the Class 1 building including but not limited to external walls, floors (other than balcony floors) and other internal parts of the building; and

(e) it has a polycarbonate or non-combustible roof covering (see WA Figure 9.6.2b); and

(f) any ceiling lining and wall cladding, including gables, is non-combustible (see WA Figure 9.6.2b); and

(g) the floor for the full extent of the roofed outdoor area, including any framing and supporting members is non-combustible (see WA Figure 9.6.2b); and

(h) in the case where the roofed outdoor area has a common roof structure with the Class 1 building and the roofed outdoor area does not have a ceiling (see WA Figure 9.6.2b and WA Figure 9.6.2c), the opening between the top of the wall of the Class 1 building and the underside of the roof covering is infilled with—

(i) a non-combustible material; or

(ii) construction clad with non-combustible material on the roofed outdoor area side; and

(i) the roofed outdoor area shall be separated from another building and/or an allotment boundary with fences or screens being—

(i) solid and constructed from a non-combustible material; and

(ii) not less than 1500 mm in height when measured from the finished surface floor level of the roofed outdoor area and having a clearance no greater than 100 mm between the bottom of fence or screen and the adjacent surface level (see WA Figure 9.6.2d and WA Figure 9.6.2e); and

(iii) provided for the full length of the side(s) of the roofed outdoor area adjacent to another building and/or an allotment boundary (see WA Figure 9.6.2f).

Note: (1) For the purposes of WA Part 9.6, roofed outdoor areas are verandahs, alfresco dining areas, balconies and the like, and includes such uses when located below another part of the building, such as a ground floor alfresco dining area located below an upper floor verandah or balcony. (2) For the purpose of WA 9.6.2(1)(b) and (c) the roofed outdoor area is considered to be part of the Class 1 building. (3) For the purpose of WA 9.6.2(3)(i) the wall of an adjoining building complying with 9.2.3 may serve as the fence or screen (See WA Figure 9.6.2f). (4) Fences or screens conforming to WA 9.6.2(3)(i) may be constructed from any non-combustible material, common materials include steel or fibre reinforced cement sheeting and masonry.

Parts of roofed outdoor areas, being less than 500 mm from an allotment boundary or up to but not closer than 1 m from another building, or its vertical projection, on the allotment or associated encroachments of another building on the same allotment, must be provided with an external wall compliant with 9.2.3.

The use of insulated panel products containing combustible materials such as polystyrene is not permitted.

The use of insulated panel products containing combustible materials such as polystyrene is not permitted.

Fences and screens providing separation to a roofed outdoor area are to comply with WA 9.6.2(3)(i).

The examples in this figure show separation achieved by fencing. An alternative is to provide a screen for the same extent in approximately the same location.