Overlooking: the privacy control that limits windows onto neighbours

TL;DR

Overlooking is the planning control that stops your windows, balconies, and decks from having direct sight lines into a neighbour’s habitable rooms or secluded private open space (POS). In VIC, the key trigger is a habitable room window within 9 m of a neighbour’s habitable room or POS where a direct view exists at 1.7 m above floor level. The fix is a compliant screen (max 25% open area), a sill raised to at least 1.7 m, fixed obscure glazing, or a 1.5 m window offset. The builder gotcha: certifiers flag this at construction certificate stage after the window order is locked in, not during design. Check sight lines at design development.

What overlooking is

Overlooking is a visual privacy planning control that requires windows, balconies, terraces, decks, and elevated patios to be located or treated so they cannot create a direct view into a neighbour’s habitable room windows or secluded private open space.

It applies to Class 1 buildings (detached houses, duplexes, townhouses) and Class 2 buildings (apartments) across all states, though the instrument and the specific measurements differ. In VIC the control is embedded in ResCode (VPP Clauses 54 and 55); in NSW it sits in the Apartment Design Guide (ADG) for Class 2 and the Codes SEPP for Class 1 CDC; in WA it is in R-Codes Volume 1 Clause 5.4.1.

The control protects two categories of space:

Habitable room windows: bedrooms, living rooms, dining rooms, kitchens (not bathrooms, laundries, or garages).
Secluded private open space (SPOS): the main outdoor area used for leisure, generally the rear or primary courtyard, not narrow side passages or entries.

How the 9 m rule is measured (VIC ResCode)

Victoria’s ResCode Standards A15 (Clause 54, single dwelling) and B22 (Clause 55, two or more dwellings) set the benchmark most practitioners use day-to-day.

The measurement procedure (verified against VPP Clause 55 Standard B22 and Planning Practice Note 27, 2026-06-11):

Stand at the finished floor level of the window, balcony, or deck being assessed.
Measure from 1.7 m above that finished floor level (the proxy for standing eye height).
Project a 45-degree fan from the plane of the window or from the perimeter edge of the balcony.
Measure the horizontal distance from the window or balcony edge to the neighbour’s habitable room window or SPOS boundary at ground level.

If any neighbour’s habitable room window or SPOS falls within that 45-degree fan at a horizontal distance of less than 9 m, and a direct unobstructed view exists, the overlooking standard is triggered.

The standard applies to windows above ground level (ground-floor windows to a space that is below 800 mm above the adjoining ground level are generally exempt). It also applies to raised open space, including balconies, terraces, and decks regardless of storey.

Exemptions in VIC (verified 2026-06-11):

Where an existing boundary fence or wall exceeds 1.8 m above the relevant ground level for the full relevant extent, the view is already blocked and the standard is not triggered.
Under Amendment VC267 (effective 31 March 2025), bedroom windows in developments assessed under the Townhouse and Low-Rise Code are exempt from the overlooking standard. The exemption applies to bedroom windows only; living rooms, kitchens, and balconies remain subject to the full control.

Four compliance methods

When the 9 m / 45-degree test is triggered, there are four ways to achieve compliance:

Method	How it works	Common application
Window offset	Move one window at least 1.5 m sideways from the edge of the other window so the 45-degree fans no longer overlap	Side-by-side single-storey rooms where a modest shift resolves the view
Raise the sill to 1.7 m	Position the sill at least 1.7 m above finished floor level, eliminating the standing eye-level view	First-floor bedrooms where the upper portion of the window above 1.7 m does not create a direct view
Fixed obscure glazing	Permanently obscured glass below 1.7 m (factory-etched, sandblasted, or patterned; adhesive film is not accepted)	Windows where a highlight above 1.7 m can remain clear glass
Compliant fixed screen	A permanent, non-operable screen with a maximum of 25% open area, extending to at least 1.7 m above finished floor level	Balconies, first-floor windows, and anywhere the above options are not achievable

The 25% open area limit for screens means a louvre with 65 mm blades on a 120 mm pitch sits at approximately 23% open and passes. Standard timber batten screens and bamboo screens are typically too open or not permanent and fixed. Expanded metal with large apertures usually fails.

NSW: ADG separation distances

For Class 2 apartment buildings in NSW, the Apartment Design Guide (ADG) sets separation distances between habitable room windows and balconies. Rather than a 9 m cone test, the ADG specifies minimum building-to-building distances scaled to height (verified 2026-06-11):

Building height	Habitable room to habitable room or balcony	Habitable to non-habitable	Non-habitable to non-habitable
Up to 4 storeys (~12 m)	12 m	9 m	6 m
5-8 storeys (~25 m)	18 m	12 m	9 m
9+ storeys (above 25 m)	24 m	18 m	12 m

For sites where full separation distances cannot be achieved, the ADG allows screening, sill heights, and window offsets as alternative compliance measures, consistent with ResCode logic.

For Class 1 residential CDC in NSW, the SEPP (Exempt and Complying Development Codes) 2008 requires privacy screens where a balcony, deck, or elevated terrace edge is less than 3 m from a side or rear boundary and the floor level is more than 1 m above existing ground level. Those screens must be at least 1.7 m but not more than 2.2 m above the finished floor level (verified against SEPP Codes 2008 reg 3B.42, 3C.18, 3D.37, 2026-06-11).

WA: R-Codes cone of vision

Western Australia’s R-Codes Volume 1 (SPP 7.3) Clause 5.4.1 uses a “cone of vision” methodology rather than the VIC 45-degree fan (verified 2026-06-11). The cone extends 45 degrees to each side of the elevation being assessed. The deemed-to-comply setback distance from an adjoining property’s active habitable spaces is:

7.5 m for land coded R50 or below
6 m for land coded above R50 (higher density)

These distances are measured from the raised floor level of the window or elevated open space. Where the DTC setback cannot be met, a development application is required; there is no off-the-shelf screening pathway equivalent to ResCode within the R-Codes DTC. The design principle pathway can consider screening and other treatments but requires council assessment.

Other states

QLD and SA do not have a single statewide overlooking measurement rule equivalent to ResCode or R-Codes. QLD uses local planning schemes (Brisbane City Plan 2014 sets performance outcomes for privacy and amenity). SA’s Planning and Design Code addresses privacy as a performance requirement in residential zones without a fixed 9 m distance at state level. In both states, assessment is against local performance criteria rather than a single DTC measurement.

What can go wrong

Window order locked in before sight lines are checked. The most common builder cost hit. Windows are ordered from the window schedule before the construction certificate is issued. The certifier then flags a first-floor window as failing the overlooking test. Switching to obscure glazing is a special order. Adding an external fixed screen needs structural consideration and possibly engineering. Neither is free, and lead time adds programme risk.

Sill raised to 1.7 m but the upper portion still looks directly into the neighbour’s bedroom. Raising the sill only works when the portion of the window above 1.7 m also cannot create a direct view. A full-height window at 2.4 m on a first floor with a 1.7 m sill still has 700 mm of clear glazing above the sill. If the neighbour’s habitable room is at the same height and within 9 m, that upper portion fails on its own. The sill-raise option works best on single-storey rooms or where the window is well above the neighbour’s ridge line.

Screen specified as operable louvres. Adjustable louvre blades look like a screen and functionally act like one when closed. They do not comply as a privacy screening device in VIC because they are not permanently fixed in the closed position. Fixed-blade louvres at the correct pitch and gap calculation pass; operable blades do not.

Obscure glazing specified as adhesive film. Frosted film peels, is removed, or is applied unevenly. It is not accepted as fixed obscure glazing in VIC and is rejected by most NSW councils. The glass unit itself must be factory-etched or sandblasted; specifying film and finding this out at inspection means replacing the glazed unit.

DCP tightens the 9 m standard. Inner-urban DCPs in Melbourne and Sydney commonly set shorter separation distances (6 m in some high-density infill zones) or require higher screens than the state minimum. Reading only ResCode or ADG and not the local DCP chapter misses these. Pull the DCP privacy chapter before finalising window placement on any urban infill site.

Mid-build window change to fix overlooking may void the permit. A building permit is issued for the approved drawings. Changing a window type or position during construction is a variation to the approved works. In VIC, a minor amendment to the permit is required (see VBA guidance on permit amendments); in NSW, a section 4.55 modification or an amendment to the CDC may be needed. Changing glass type to obscure and adding a screen are both changes to the approved documents. Work without the amended approval exposes the builder to enforcement risk.

References

Victoria Planning Provisions, Clause 54 Standard A15 (overlooking, single dwelling) and Clause 55 Standard B22 (overlooking, two or more dwellings), via Planning Practice Note 27, DELWP/DPLH, February 2024 (verified 2026-06-11).
Amendment VC267 (effective 31 March 2025), bedroom window exemption under Townhouse and Low-Rise Code, via planning.vic.gov.au (verified 2026-06-11).
NSW Apartment Design Guide Part 4 (Designing the Building), visual privacy separation distances, via planning.nsw.gov.au (verified 2026-06-11).
SEPP (Exempt and Complying Development Codes) 2008 (NSW), regs 3B.42, 3C.18, 3D.37 (privacy screens for CDC), via austlii.edu.au (verified 2026-06-11).
WA Residential Design Codes Volume 1 (SPP 7.3), Clause 5.4.1 Visual Privacy (cone of vision, DTC setbacks), via wa.gov.au (verified 2026-06-11).