Two Storey Privacy: Windows and Balconies

A second storey brings views, but it also brings sight lines into the neighbours' yards and windows. NSW planning rules control how upstairs windows and balconies face side and rear boundaries. The building code then adds its own rules for the same windows. This guide explains both so your design gets through approval without a late redesign.

Why upper floors get extra scrutiny

A ground floor window usually looks at a fence. A first floor window or balcony can look over it. The closer the opening is to a side or back boundary, and the higher its floor sits above the ground, the more likely it is to overlook private open space next door. Privacy controls aim at exactly that combination of distance and height.

Privacy under a complying development certificate

NSW Planning lists privacy as one of the core standards in the Housing Code, alongside height, floor area, setbacks and landscaping. In a complying development certificate (CDC) these are fixed tests, not matters for negotiation. In broad terms the code:

targets windows to habitable rooms such as bedrooms, living areas and studies where they face a side or back boundary from a raised floor
requires a privacy measure on qualifying windows, such as a raised sill, frosted fixed glass or an external screen
limits how high and how large raised balconies, decks and terraces can be when they are close to side and rear boundaries
requires a privacy screen along the edge of a qualifying balcony or deck that faces a neighbour

The exact distances, floor heights and screen dimensions depend on the clause and the lot. The rules for balconies and decks on smaller lots were also refined in 2024, so work from the current version of the code. A plan assessment is the quickest way to test each upstairs opening against it.

Privacy under a development application

If the design is lodged with council as a development application (DA), privacy is judged against the council's development control plan. These plans often use similar tools, such as offset windows, high sills and screening. Council can accept a different solution if it protects privacy, and neighbours can comment on the design. That flexibility comes at the cost of a longer process. The trade-offs are covered in CDC or DA: picking the approval your home project needs.

Where privacy meets the building code

The National Construction Code has its own rules for the same windows and balconies. Your design needs to satisfy both.

Fall protection for bedroom windows. Once a bedroom floor sits 2 m or higher off the ground outside, the ABCB Housing Provisions require openable bedroom windows to be restricted or screened, unless the opening starts 1.7 m or higher above the floor inside. A high sill chosen for privacy can solve both issues at once.
Other upstairs windows. Openable windows in other rooms need protection when the floor sits 4 m or higher above the ground below.
Balcony barriers. If someone could drop 1 m or more off a balcony, it needs a barrier with a height of 1 m or more, and no gap wide enough for a 125 mm ball. Once the drop exceeds 4 m, the barrier also has to resist climbing.
Walls close to the boundary. Windows in a wall less than 900 mm from a side boundary must generally be fire protected or left out, apart from some small bathroom, laundry or toilet windows.

Design tips that save a redesign

put stairs, bathrooms and walk-in robes on the side elevations, and keep the main glazing facing the street or rear yard
use highlight windows to bring in light without a view across the fence
show privacy screens on the plans with their height, material and how open they are
check that window sizes on the plans match the BASIX certificate after any privacy change

Checked again on site

Privacy measures are approved items, so the certifier checks them during the build. Window sizes and sill heights are visible at the frame stage, and screens and glazing are confirmed at the final inspection. A missing screen or clear glass where translucent glass was approved can hold up the occupation certificate.

Planning a first floor addition, or a new home over two levels? See our double storey homes service or request a quote.

Local help across NSW

CertifiBuild certifies Class 1 and Class 10 work in 39 council areas. Local rules on these council pages are a good place to start: Central Coast Council, Bayside Council, Lane Cove Council, Blue Mountains City Council, City of Sydney, Wollondilly Shire Council.

Suburb pages with local planning notes: Avoca Beach, Bardwell Valley, Beverly Hills, Cabramatta West, Copacabana, Eastlakes, Longueville, Surry Hills, Warragamba, Winmalee. You can also browse every service area.

Upstairs windows and balconies: privacy rules for two storey homes