Garden Area in Victoria After VC314: Uncovered Driveways Now Count, but Not Under the Building Regulations
Amendment VC314 changed the planning scheme definition of garden area on 28 October 2026: uncovered driveways and uncovered car parking now count, and the 1 m minimum dimension is gone. The Building Regulations 2018 did not change, so where no planning permit is needed the building surveyor still applies r 76A, which excludes both. This guide sets out the two definitions, which one applies, the 25, 30 and 35% minimums, and a checker that runs a lot through both.
Victoria changed what counts as garden area on 28 October 2026. Amendment VC314 lets an uncovered driveway and uncovered car parking count, and drops the rule that garden area be at least 1 m wide. On a tight townhouse site that can turn a layout that missed the mandatory minimum into one with room to spare.
The Building Regulations 2018 did not change. Where a house needs no planning permit, the building surveyor still applies regulation 76A, and under it a driveway does not count and neither does a strip under 1 m wide. This guide reads both definitions, shows which one applies to a project, and the checker in section 9 runs a lot through both.
In one minute
Uncovered driveways and uncovered car parking now count as garden area in the planning scheme, and there is no 1 m minimum dimension (Victoria Planning Provisions clause 73.01, as replaced by Amendment VC314 on 28 October 2026).
Anything covered is still out: a garage, a carport, or a driveway under an upper floor or balcony. An eave, fascia or gutter of up to 600 mm total width may overhang the driveway (clause 73.01; Planning Practice Note 84).
The minimums did not change: 25% of a lot of 400 m² to 500 m², 30% above 500 m² up to 650 m², and 35% above 650 m² (clauses 32.08-4 and 32.09-4).
The Building Regulations still exclude every driveway, every area set aside for car parking and every area under 1 m wide (regulation 76A(3) of the Building Regulations 2018, Version No. 032, as at 27 October 2026).
The planning permit decides which applies. Where one is required, the scheme's definition is the test and r 76A does not apply; where none is required, the building surveyor applies r 76A in the zones Schedule 6 lists (r 68(1), r 76A(1)).
1. What VC314 changed
Amendment VC314 replaced clause 73.01 (General terms) of the Victoria Planning Provisions and of every planning scheme in Victoria. The instruction sheet does nothing else, and the explanatory report describes it as a change to the definition of garden area.
The Minister for Planning, as planning authority, decided it on 15 October 2026. It was gazetted and came into operation on Wednesday 28 October 2026 (amendment record, Victorian planning schemes website).
There was no exhibition. The Minister used section 20(4) of the Planning and Environment Act 1987 to exempt the amendment from sections 17, 18 and 19, so nobody was notified, no submissions were taken and there was no panel (Reasons for intervention).
The explanatory report lists two changes. Garden area no longer has to have a minimum dimension of 1 metre. And uncovered driveways and uncovered areas set aside for car parking may now be included.
| Part of the definition | Before 28 October 2026 | From 28 October 2026 (VC314) |
|---|---|---|
| Opening words | "Any area on a lot with a minimum dimension of 1 metre that does not include" | "Any area on a lot that does not include" |
| Dwelling, small second dwelling or residential building | Excluded, except eaves to 600 mm, pergolas, unroofed decks and the like under 800 mm, basements below ground, outbuildings to 10 m² and domestic services | The same, reworded in the singular |
| Driveway | Excluded | Only a covered driveway is excluded |
| Area set aside for car parking | Excluded | Only a covered area is excluded |
| Eaves over a driveway | Not addressed: the driveway was out anyway | An eave, fascia or gutter up to 600 mm total width may encroach into an uncovered driveway or uncovered car parking |
The garden area definition in clause 73.01, read from the VC314 track-changes copy of the clause and the explanatory report.
The reason is the Townhouse and Low-Rise Code. It came into operation in March 2025 with reformed clause 55 standards, a deemed-to-comply system and new tree canopy requirements (explanatory report). VC314 is meant to make the mandatory garden area requirement compatible with that framework, giving design flexibility while continuing to protect the "open garden character of established suburbs". Our guide to the Code covers its standards.
2. What counts under the new definition
The definition starts with every area on the lot and takes three things out (clause 73.01):
a) a dwelling, small second dwelling or residential building, except an eave, fascia or gutter of not more than 600 mm total width; a pergola; an unroofed terrace, patio, deck, step or landing less than 800 mm high; a basement that does not project above ground level; an outbuilding of not more than 10 m² gross floor area; and a domestic service normal to the building.
b) a covered driveway.
c) a covered area set aside for car parking.
One sentence follows the list: "An eave, fascia or gutter that does not exceed a total width of 600mm may encroach into an uncovered driveway or uncovered area set aside for car parking."
Planning Practice Note 84, Applying the minimum garden area requirement (PPN84), is dated October 2026 and sets out the new wording, with examples on both sides of the line.
Counted. Outbuildings up to 10 m², such as a garden shed, gazebo, arbor, pool house, greenhouse or covered barbecue area. An uncovered driveway and an uncovered car parking area. Domestic services such as sunblinds and shade sails, flues and pipes, tanks, heating and cooling equipment, waste enclosures and letterboxes. And other structures: a swimming pool or spa, a tennis court, a retaining wall, a fence, a paved area and a private bushfire shelter.
Excluded. The dwelling itself and any roofed outdoor area that forms part of it, which PPN84 illustrates with a verandah, a porch, a roofed alfresco area, the area under an upper-storey projection and the area under a balcony. A basement that projects above ground level. And any part of a driveway or car parking area that is covered, including a garage or a carport.
The words "any part" matter. A driveway can be partly in and partly out. PPN84's example of a covered driveway is one with an overhanging first floor or balcony: only the covered part is excluded.
3. How much: the percentages did not change
The percentage comes from the zone, not from the definition, and VC314 left it alone. In the General Residential Zone and the Neighbourhood Residential Zone, an application to construct or extend a dwelling, small second dwelling or residential building on a lot must provide a minimum garden area set by the lot size (clauses 32.08-4 and 32.09-4).
| Lot area | Minimum garden area | At the edges of the band |
|---|---|---|
| Under 400 m² | None for building a dwelling, unless the lot carries the 25% subdivision requirement | See below |
| 400 m² to 500 m² | 25% | 400 m² needs 100 m²; 500 m² needs 125 m² |
| Above 500 m² up to 650 m² | 30% | 510 m² needs 153 m²; 650 m² needs 195 m² |
| Above 650 m² | 35% | 660 m² needs 231 m²; 1,000 m² needs 350 m² |
Minimum garden area by lot size: clauses 32.08-4 and 32.09-4 in the planning scheme, and the same bands in r 76A(2) of the Building Regulations 2018. The examples are worked from the percentages.
The steps are sharp. Ten more square metres of lot, from 500 m² to 510 m², raise the minimum by 28 m².
Where it does not apply. Clause 32.08-4 lists three exemptions, and clause 32.09-4 has the last two only:
an application a schedule to the General Residential Zone specifies as exempt;
a lot designated as a medium density housing site in an approved precinct structure plan or equivalent strategic plan, or in an incorporated plan or approved development plan;
altering or extending an existing building that did not comply with the requirement on the approval date of Amendment VC110, which introduced it in March 2017.
Lots under 400 m². The table starts at 400 m². Subdivision has its own rule: an application that creates a vacant lot under 400 m² capable of development for a dwelling must give each such lot at least 25% garden area, unless the lot is created under an approved precinct structure plan or equivalent strategic plan, an incorporated plan or approved development plan, or a permit for development (clauses 32.08-3 and 32.09-3). PPN84 says the construction requirement does not apply to a lot under 400 m² unless it is encumbered by that 25% requirement. Councils can secure it by a restriction on the plan of subdivision or a section 173 agreement, so check the title.
Two or more dwellings. The requirement relates to the original lot. PPN84 says the garden area need not be shared equally between the dwellings, and an upper-floor apartment need not provide any.
It cannot be varied. PPN84 calls it a mandatory requirement that cannot be reduced, and a separate requirement that must be met as well as the clause 54 and 55 standards. A schedule cannot change the percentage.
4. The Building Regulations did not change
The Building Regulations 2018 carry their own minimum garden area in regulation 76A. In Version No. 032, which incorporates amendments as at 27 October 2026 and was the current version when this guide was written, r 76A(3) still reads:
"garden area means any area on an allotment with a minimum dimension of 1 m other than an area covered by a building, a driveway or an area set aside for car parking."
So under r 76A every driveway and every car parking area is excluded, covered or not. So is any area less than 1 m in its minimum dimension.
Regulation 76A(4) lists what "an area covered by a building" does not include: a Class 10a building of not more than 10 m²; a Class 10b or 10c building or structure; eaves, fascia and gutters not more than 600 mm in total width; a pergola; unroofed terraces, patios, ramps, decks, steps or landings less than 800 mm high; any part of a building that does not project above ground level; a disabled access ramp; flues, pipes and rainwater heads; domestic fuel and water tanks; heating and cooling equipment and other services; and other domestic appliances or apparatus that service a Class 1 or Class 10 building.
Class 10b is a fence, mast, antenna, retaining or free-standing wall, swimming pool or the like (NCC 2025 Volume Two A6G11), so a pool counts under both definitions. Our building classes guide explains the classes.
The rest of r 76A:
When it applies (r 76A(1)). The allotment is in a zone listed for its planning scheme in Schedule 6, the zone specifies a minimum garden area requirement, and that requirement applies to the allotment. The zone is only the trigger: the measuring is done with r 76A's own definition.
How much (r 76A(2)). The same three bands as the zones: 25%, 30% and 35%, starting at 400 m².
The 2017 exemption (r 76A(5)). It does not apply to an allotment that had less garden area than the planning scheme required on 27 March 2017.
Small second dwellings (r 76A(6)). It applies whether there is one building on the allotment or two, one of them a small second dwelling. Our small second dwellings guide covers the other rules for the unit.
No report and consent. Site coverage and permeability each send a design that does not comply to the council for report and consent (r 76(4), r 77(3)). Regulation 76A has no such provision.
As at Version No. 032 the regulations had not been amended to match VC314. Victoria therefore has two garden area definitions, and which one applies turns on the planning permit.
5. Which definition applies: regulation 68(1)
Regulation 68(1) decides it. A regulation in Part 5 of the Building Regulations, which includes r 76A, does not apply to the construction of a building if a planning permit is required for that construction and the planning scheme regulates the same matter in relation to the siting or design of, or access to, that building.
A planning permit is required. In both zones a permit is needed to construct a dwelling where one already exists on the lot, or to construct two or more dwellings on a lot (clauses 32.08-7 and 32.09-7). The application must then meet clause 32.08-4 or 32.09-4, measured with the clause 73.01 definition. Garden area is decided in the planning permit, and r 76A does not apply.
No planning permit is required. In both zones a permit is needed to construct or extend one dwelling only on a lot under 300 m² (clauses 32.08-5 and 32.09-5), and the same for a small second dwelling (clauses 32.08-6 and 32.09-6). So one house on a lot of 400 m² or more, with no overlay or other control calling for a permit, goes straight to a building permit. The building surveyor applies r 76A with its own definition. An uncovered driveway does not count there, and nor does a 0.9 m side path.
The edge case. One house that needs a planning permit only because of an overlay, such as a heritage overlay, is a case to raise with the council and the building surveyor early. Whether the scheme regulates garden area for that application is what decides which test applies.
6. Applications already lodged
VC314 has no transitional provision. Its instruction sheet does one thing, replace clause 73.01, and the transitional provisions in clauses 32.08-16 and 32.09-16 deal only with Amendment VC110. Nothing in the amendment keeps the old definition for an application lodged before 28 October 2026.
If you have an application in, ask the council how it will assess the garden area.
7. What counts, item by item
| Item | Planning scheme, clause 73.01 after VC314 | Building Regulations, r 76A |
|---|---|---|
| Uncovered driveway | Counts | Excluded (r 76A(3)) |
| Uncovered car parking space | Counts | Excluded (r 76A(3)) |
| Garage or carport | Excluded: covered car parking | Excluded: a building and car parking |
| Driveway under an upper floor or balcony | Excluded: the covered part | Excluded: a driveway |
| Side path or strip under 1 m wide | Counts: no minimum dimension | Excluded: under 1 m |
| Eave, fascia or gutter up to 600 mm total width | Counts, including over an uncovered driveway or parking | Counts (r 76A(4)(c)), but a driveway under it is still excluded |
| Pergola | Counts | Counts (r 76A(4)(d)) |
| Unroofed deck, terrace, patio, step or landing under 800 mm | Counts | Counts (r 76A(4)(e)) |
| Shed or other outbuilding up to 10 m² | Counts | Counts if a Class 10a building up to 10 m² (r 76A(4)(a)) |
| Outbuilding over 10 m² | Excluded | Excluded |
| Verandah, porch, roofed alfresco area | Excluded: part of the dwelling | Excluded: an area covered by a building |
| Swimming pool or spa, fence, retaining wall | Counts | Counts: Class 10b (r 76A(4)(b)) |
| Paved area, path or lawn | Counts | Counts where at least 1 m in its minimum dimension and not a driveway or parking |
| Basement that does not project above ground level | Counts | Counts (r 76A(4)(f)) |
What counts as garden area under each definition: clause 73.01 (VC314) with the examples in Planning Practice Note 84 (October 2026), and r 76A(3) and (4) of the Building Regulations 2018 (Version No. 032).
8. Garden area is not site coverage, permeability or canopy
PPN84 says the garden area requirement overlaps with some clause 54 and 55 standards, such as site coverage, permeability and tree canopy, but is a different requirement that must be met as well as them. VC314 changed none of those standards.
The driveway shows the difference. An uncovered concrete driveway now counts as garden area. It is still not a pervious surface, and the permeability standard for clause 55 development asks for pervious surfaces over at least 20 percent of the site (Standard B5-1, clause 55.05-1). For a house with no planning permit, r 77 applies the permeability figure of Standard A5-1 in clause 54.05-1.
Site coverage (clauses 54.02-5 and 55.02-5, r 76) and tree canopy (clauses 54.02-6 and 55.02-7) are separate tests again.
9. Check a lot
Pick the route, set the lot area and enter the parts in question: the roofed area of the dwellings (verandahs, porches, alfresco areas and the ground under upper floors included), covered parking, the uncovered driveway, strips under 1 m wide and outbuildings over 10 m². Everything else counts as garden. The bar shows the counted garden area in the key colour against the minimum, and the cards give the same lot under the other definition.
10. Worked examples
| Case | Lot | Minimum | Clause 73.01 (VC314) | r 76A | The test |
|---|---|---|---|---|---|
| Two townhouses | 620 m² | 186 m² (30%) | 288 m² | 171 m² | Clause 73.01: met |
| One house | 700 m² | 245 m² (35%) | 310 m² | 241 m² | r 76A: 4 m² short |
| The same house, 1 m path | 700 m² | 245 m² (35%) | 313 m² | 271 m² | r 76A: met |
| A small lot | 450 m² | 112.5 m² (25%) | Same minimum under both | Either | |
Invented examples, worked from clauses 32.08-4, 32.09-4 and 73.01 and r 76A(2) and (3). Check each in the checker above.
Two townhouses on a 620 m² lot. A second dwelling on the lot needs a planning permit (clause 32.08-7), so the scheme's definition is the test. The lot is above 500 m² up to 650 m², so the minimum is 30%, 186 m². The dwellings' roofed area is 290 m², two single garages take 42 m², the shared uncovered driveway is 3 m × 30 m = 90 m², and a side path is 0.9 m × 30 m = 27 m².
Under clause 73.01 after VC314: 620 − 290 − 42 = 288 m², 46.5% of the lot. The minimum is met with 102 m² to spare. Under the old definition the driveway and the path came out too: 288 − 90 − 27 = 171 m², 27.6%, 15 m² short. Under the definition in force until 27 October this layout failed; under VC314 it passes. PPN84 adds that the 288 m² need not be split equally between the two dwellings.
One house on a 700 m² lot, no planning permit. In the Neighbourhood Residential Zone, with no overlay, one house on a lot of 300 m² or more needs no planning permit (clause 32.09-5), so the building surveyor applies r 76A. The minimum is 35% of 700 m², 245 m². The house, with its verandah and alfresco area, covers 350 m², the double garage 40 m², the uncovered driveway is 3.5 m × 12 m = 42 m², and a side path is 0.9 m × 30 m = 27 m².
Under r 76A: 700 − 350 − 40 − 42 − 27 = 241 m², 34.4%. That is 4 m² short, with no report and consent to fall back on. Read with the VC314 definition the same plan has 310 m², but that is not the test for this house.
Widening the path to 1 m, and taking the extra 3 m² from the house, fixes it. The path is now at least 1 m in its minimum dimension and counts: 700 − 347 − 40 − 42 = 271 m², 38.7%.
A 450 m² lot. 450 m² is in the 400 m² to 500 m² band, so the minimum is 25%: 112.5 m² under either definition.
A driveway beside a two-storey house. The driveway is 3 m × 24 m = 72 m². For 8 m of its length the upper floor projects 1.5 m over it, covering 1.5 × 8 = 12 m². A 500 mm eave overhangs another stretch. Under clause 73.01 the covered 12 m² is excluded and the rest counts, including the strip under the eave: 72 − 12 = 60 m². Under r 76A none of the 72 m² counts.
11. Common mistakes
Assuming VC314 changed the building permit test. It changed clause 73.01 only. Where no planning permit is required, r 76A still excludes driveways, car parking and strips under 1 m (r 68(1), r 76A(3)).
Counting covered parking or the strip under an upper floor. A garage, a carport and any covered part of a driveway are excluded, and so is any roofed outdoor area that forms part of a dwelling (clause 73.01; PPN84).
Treating garden area as permeability or site coverage. They are separate tests. A concrete driveway now counts as garden area, but it is not a pervious surface (PPN84; clause 55.05-1).
Working the percentage per dwelling. The requirement relates to the original lot: the garden area need not be shared equally, and an upper-floor apartment need not provide any (PPN84).
Skipping the exemptions. Check the schedule to the General Residential Zone, any precinct structure plan or development plan, and whether an existing building fell short when the requirement began in March 2017 (clauses 32.08-4 and 32.09-4; r 76A(5)).
12. Where to read the source
Clause 73.01 as replaced by VC314, clauses 32.08 and 32.09, and clauses 54 and 55 are free on the Victorian planning schemes website, which also holds the VC314 amendment record with its explanatory report, instruction sheet, track-changes copy of clause 73.01 and reasons for intervention. Planning Practice Note 84 (October 2026) is on the Department of Transport and Planning website.
The Building Regulations 2018 (Version No. 032) are free on the Victorian Legislation website; the parts used here are r 68, r 76, r 76A, r 77 and Schedule 6. NCC 2025 Volume Two A6G11 is free on the NCC website.
Inside AEC Assistant the Building Regulations, the planning scheme clauses and the Code are searchable by regulation and clause. Ask whether the uncovered driveway counts towards the garden area for one house on a 700 m² lot and the answer comes back with the regulation it was read from. This article is general guidance. The relevant building surveyor for your project, and the council where a planning permit is needed, determine compliance.
Questions this guide answers
What is the minimum garden area requirement in Victoria?
In the General Residential and Neighbourhood Residential Zones, an application to construct or extend a dwelling, small second dwelling or residential building on a lot must provide a minimum garden area: 25% of a lot of 400 m² to 500 m², 30% of a lot above 500 m² up to 650 m², and 35% above 650 m² (clauses 32.08-4 and 32.09-4). Regulation 76A of the Building Regulations 2018 sets the same percentages where it applies. Planning Practice Note 84 describes the requirement as mandatory: it cannot be reduced.
Does a driveway count as garden area in Victoria?
In the planning scheme, since Amendment VC314 on 28 October 2026, an uncovered driveway and an uncovered area set aside for car parking count, while a covered driveway or covered parking, such as a garage, a carport or a driveway under an upper floor, does not (clause 73.01). Under regulation 76A of the Building Regulations 2018, which the building surveyor applies where no planning permit is needed, no driveway or car parking area counts (r 76A(3)).
What did Amendment VC314 change?
It replaced clause 73.01 of the Victoria Planning Provisions and every planning scheme to change the definition of garden area. It removed the requirement for garden area to have a minimum dimension of 1 metre, and it lets uncovered driveways and uncovered areas set aside for car parking be included. The percentages in clauses 32.08-4 and 32.09-4 did not change, and nor did the Building Regulations.
Does garden area still need to be 1 m wide?
Not under the planning scheme: the clause 73.01 definition no longer has a minimum dimension. The Building Regulations 2018 definition still does: r 76A(3) counts only an area with a minimum dimension of 1 m. So a 0.9 m side path counts where a planning permit is required, and does not count where no planning permit is required and the building surveyor applies r 76A.
Does the garden area requirement apply to lots under 400 m²?
Not to building a dwelling: the percentages start at 400 m² (clauses 32.08-4 and 32.09-4; r 76A(2)). The exception is a lot created by a subdivision that had to give each new vacant lot under 400 m² at least 25% garden area (clauses 32.08-3 and 32.09-3). Planning Practice Note 84 says the construction requirement does not apply to a lot under 400 m² unless it is encumbered by that 25% requirement.
Is garden area the same as site coverage or permeability?
No. Planning Practice Note 84 says garden area is a separate requirement that must be met as well as the clause 54 and 55 standards, such as site coverage, permeability and tree canopy. An uncovered concrete driveway now counts as garden area, but it is not a pervious surface for the permeability standard.
