When you’re planning a new home, extension, or even a shed, you’ll quickly run into two terms in your plans and approvals: setbacks and easements.

They might sound similar, but they’re actually very different — and both can have a big impact on what and where you can build. Let’s break them down.

What is a Setback?

A setback is the minimum distance your building must be from the boundaries of your property.
It’s part of the Tasmanian Planning Scheme and applies to every block of land, whether it’s urban, suburban, or rural.

Setbacks are there to:

• Keep consistency in streetscapes
• Protect privacy between neighbours
• Allow for light and ventilation
• Maintain safety and access

The exact distance depends on your zone and your local council’s rules.

Types of Setbacks

1. Front setbacks – usually to line up with neighbouring buildings and maintain the character of the street.
2. Side and rear setbacks – often to protect privacy and prevent overshadowing.
3. Upper-level setbacks – multi-storey dwellings often need to step back further from boundaries to stay inside the building envelope.

Can setbacks be changed?

Yes — but it’s not automatic.
If you want to build closer than the standard “acceptable solution,” you’ll need to submit a discretionary planning application. This means:

• Proving your design still meets the performance criteria in the planning scheme
• Your application will be advertised for public comment
• Neighbours can lodge objections
• Council will decide if the variation is acceptable

At Modulos Design, we often prepare these applications and help make the case for why a reduced setback still works.

What is an Easement?

An easement is a section of your land where certain rights are reserved for someone else — usually a service provider or neighbouring property owner.
Easements are legally registered on your land title and are not part of the planning scheme, but they still restrict where and what you can build.

Common Types of Easements

• Service easements – for sewer pipes, stormwater drains, electrical lines, or NBN cables.
• Right of way / carriageway – allows another property owner to cross your land to reach theirs.
• Party wall easement – where a shared wall sits on the boundary of two titles.

Can you build over an easement?

Not without permission.
If you want to put a structure — even something small like a fence footing — over an easement, you’ll usually need written consent from the authority or person who benefits from it.
In many cases, the answer will be no, because they need to keep the area clear for access and maintenance.

How to Find Out if Your Property Has Easements

• Check your land title – the “Schedule of Easements” section lists any registered easements and shows them on a diagram.
• Look for visible clues – overhead powerlines, drainage grates, or service pits can indicate an easement area.
• Ask your council or solicitor – easements are normally flagged during a property purchase, but it’s worth confirming.

Why Both Matter for Your Project

Setbacks and easements both determine where you can build — but in different ways:

• Setbacks are about meeting planning scheme rules for building placement.
• Easements are about protecting access or services.

Ignoring either can lead to refused permits, legal disputes, or expensive redesigns.

How Modulos Design Can Help

We check setbacks and easements at the very start of your project so we can design a home that:

• Fits comfortably within the rules
• Maximises usable space
• Avoids surprises at council approval stage

If a setback variation is possible, we’ll prepare and lodge the necessary planning application — and if there’s an easement, we’ll design around it or help you seek approval from the relevant authority.

Final Word

Understanding the difference between setbacks and easements isn’t just council jargon — it’s the difference between a smooth approval and months of delays.
If you’re unsure about your property’s restrictions, let’s talk. We’ll review your site and make sure your design works with both the planning rules and the legal constraints.

📞 Contact Modulos Design today for a no-obligation consultation.