Melbourne · Victoria

Independent editorial journal

Volume I · Outdoor rooms

Decking Melbourne

An independent journal of timber, weather and outdoor rooms

Design & Planning

Screening, privacy and neighbours for Melbourne side decks

On a tight Victorian block the deck is never only yours. How overlooking rules, screens and ordinary courtesy work when the new platform looks into someone else’s kitchen.

By Eleanor Hart, Editor · 19 April 2025 · Updated 28 January 2026

Timber terrace houses in Albert Park, Melbourne

Photograph: Biatch at English Wikipedia. Timber terraces in madden street albert park.jpg. Public domain. Source on Wikimedia Commons. See all image credits.

Inner Melbourne is a sport of overlooking. Terraces share bluestone lanes. Weatherboards sit three metres apart. A new deck that is only 600 mm off the ground can still put a dining table in a neighbour’s eyeline. The planning scheme has a language for this — secluded private open space, habitable room windows, nine metres — and people have another language that gets used over the fence.

A good deck designs the relationship. A bad deck hopes nobody will notice until after the oil has dried.

What the rules are trying to do

Victorian planning schemes, through ResCode and local variations, try to limit unreasonable overlooking from raised decks and balconies into a neighbour’s private open space or windows. The toolkit is distance, level change, and screening. The aim is not to make every backyard a box. It is to stop a new platform becoming a grandstand.

If your deck is close to a boundary and raised, assume you will need a screen or a planter that actually blocks the view, not a row of stick-thin bamboos in pots you will forget to water. If you need a planning permit, the screen will be a condition with a height and a transparency. Build that screen, not a prettier one you prefer.

Building rules still apply. A screen can become a balustrade. A balustrade has load and opening rules. See raised decks and handrails. A lattice that a child can climb is not a barrier.

Screens that look like architecture

The cheapest screen is a slat fence on the deck edge, 1.7 metres, 25 per cent open, stained to match. It works. It also makes a small courtyard feel like a cattle race if you wrap the whole deck.

Better: screen only the offending edge. Use a solid end where the neighbour’s window is, and keep the garden edge open. Use a planter with real soil and a hedge you will keep at height. Use a pergola post and a fixed blade screen as a piece of the outdoor room, not as an apology.

Mirror glass and “one-way” film are not a privacy strategy between two close houses. They fail in the lighting conditions you actually have.

Talk before you lodge if you can. A neighbour who has seen the drawing is less likely to write the objection that adds eight weeks. You do not need their permission for a lawful deck. You do need a nervous system that can live next to them.

Light, noise and the things the scheme does not measure

A screen that saves overlooking can steal morning light from your own kitchen. Draw both. A north deck with a high screen on the north edge is a contradiction; put the screen on the side that faces the neighbour, not the sun. See north-facing decks.

Noise is not a permit condition in the way height is, and it is the thing people remember. A deck against a shared fence will host voices at 11 pm. Soften it with the layout: put the table away from the neighbour’s bedroom wall, put the barbecue where smoke does not go through their laundry window, and do not point speakers at the lane.

Smoke and light spill from deck lighting are courtesy issues that become council issues if you are stubborn.

When the deck already exists

If you bought a house with a pirate deck — no permit, overlooking a child’s bedroom — get advice before you renovate it. Replacing boards is one thing. Extending it is a new decision. A building surveyor can talk about regularisation. A planner can talk about whether screening would make an unlawful structure acceptable.

Do not start a fence-height war in parallel. Fence law in Victoria is its own small hell. Keep the deck file and the fence file separate if you can.

Privacy is a design problem with a legal backing. Solve it on the drawing. The conversation over the fence goes better when the slats are already in the right place.

Dividing fences and the deck that uses them as a rail

A fence is not a balustrade. Do not bolt the deck to a paling and call it a barrier. Do not raise a fence on your own to hide a deck and assume the neighbour will like the new shadow. Fence disputes have their own Act and their own misery. Keep the deck’s screen on the deck.

If you need height for overlooking, put it in the permit drawing as a screen with a specified face. A later “we’ll grow a hedge” is not a condition you can enforce against yourself when you sell.

Living next to the people you overlooked

Once the screen is up, use the deck like a room with thin walls. The law got you the platform. Manners keep it pleasant. A well-designed edge — solid where it must be, open to the garden where it can be — makes manners easier because you are not shouting over a cattle race.

Tight-block Melbourne is a negotiation. The planning scheme is the written part. The rest is how you place a table.

Plants as screens, and their failure modes

A hedge takes years and water and then loses its bottom. A bamboo in a pot looks like a screen in December and a collection of sticks in August. If the permit wants 1.7 metres now, plants are an extra, not the condition.

Where plants work is as a softening in front of a legal screen, and as a north-west deciduous filter. Use them as landscape, not as a loophole.

The neighbour relationship will outlast the oil. Design the edge as if you will still be waving in ten years.

Noise, smoke and the unwritten overlay

Even a legal deck can become a nuisance if the table sits against a bedroom wall and the speaker faces it. Place the social end toward your own garden. Place the quiet edge toward theirs.

If you are the neighbour who just gained a grandstand, a calm conversation before a formal complaint still works more often than people admit. Bring the planning diagram, not the anger, if you can.

Tight Melbourne is a shared climate. Screens handle eyes. Placement handles the rest.

Questions we are asked

Can my neighbour force me to take a deck down?
If the deck needed a permit and did not have one, or if it breaches a permit condition on overlooking, the council can require changes. Neighbours do not personally demolish decks; they open files. Build it as if the file will exist.
How high does a privacy screen need to be?
Planning schemes often talk about 1.7 metres above finished floor, with a maximum transparency, along the part of the deck that overlooks. The exact number is in your scheme and permit, not in a hardware label.

Canonical URL: https://deckingmelbourne.com.au/articles/screening-privacy-neighbour-law