NSW Housing Code

  
Improving the NSW Planning System

The NSW Government, as part of its ongoing planning reforms, released the first stage of the NSW Housing Code, which came into effect on 27 February 2009. 

The NSW Housing Code is the term used to refer to State-wide exempt and complying development requirements and controls across NSW.

• The NSW Housing Code is actually State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (or 'Codes SEPP').
• The Exempt Development Code, the General Housing Code and the Housing Internal Alterations Code as contained in the Codes SEPP are known together as the ‘NSW Housing Code’

The NSW Housing Code:

• simplifies the planning process for new houses and alterations and additions to existing homes
• allows general home developments to be approved in 10 days or less
• is based on existing council codes

An amendment, which commenced on 7 September 2009 introduces new exempt development types, expands complying development, clarifies existing development standards under the General Housing Code and introduces a new code covering complying development for housing internal alterations.

Complying Development 

The complying development code outlines how some developments can be approved by council or a private certifier within 10 days.  The complying development code applies to developments on land 450 sq/m and greater such as:

• detached single and two-storey dwellings
• housing extensions for single and two storey houses
• other ancillary development such as swimming pools

Exempt Development 

The exempt development code outlines a series of standards for 41 different types of development – allowing them to proceed as exempt development without planning approval.  Exempt development typically covers small scale structures such as:

• garden sheds and carports
• balconies, decks and verandahs
• pergolas and fences
• solar hot water heaters and rainwater tanks
• fixed barbeques 

Generally the exempt development code applies to all land in NSW, regardless of zoning or lot size.  There are some exclusions to the code including state heritage items and environmentally sensitive areas.

Internal Housing Alterations Code 

The Housing Internal Alterations Code came into force on 7 September 2009. This Code allows for internal alterations to an existing dwelling house or ancillary development associated with the dwelling house (but does not include the construction or the conversion of a basement) as complying development, where the development is permissible with consent.

As this Code only relates to internal alterations, the exclusion areas for this Code are less extensive than those for the General Housing Code as the works are contained within an existing dwelling.

Note: If the NSW Housing Code (Exempt Development) covers the same development type listed in a council exempt development code, then the NSW Housing Code prevails. 

NSW General Commercial and Industrial Code 

The Codes SEPP also incorporates:

• The General Exempt Development Code (for both housing, commercial and industrial uses)
• The General Housing Code
• The Housing Internal Alterations Code
• The General Commercial and Industrial Code.

The Code, known as Part 5 of the State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial) 2009 came into force on 7 September 2009.

Exempt development is low impact such as minor development that can proceed without requiring planning approval if the works can satisfy the exempt requirements in the Code.

Complying development is development that is outside the scope of exempt development provisions but can meet the criteria for complying development as set out in the Code. Complying development may allow some types of new commercial and industrial buildings and external alterations, change of use and additions to existing commercial and industrial buildings.

Affordable Rental Housing 

Granny Flats (Secondary dwelling)

State Environmental Planning Policy (Affordable Rental Housing) 2009 promotes the construction of granny flats (secondary dwellings) and other low cost accommodation. A granny flat is a self-contained extension of the family home that:

1. Is established in conjunction with a house and is either within the house, or attached to the house, or separate from the house; and
2. Is on the same lot of land as the principal house and is not on a separate lot, in a strata plan or in a community title scheme.

Granny flats (secondary dwellings) are now permitted in all residential zones subject to meeting the criteria set out in the SEPP. A granny flat (secondary dwelling) may occur either with DA consent, or as complying development.

• Granny Flats Fact Sheet

Boarding Houses

The Affordable Rental Housing SEPP also provides for boarding house development which is now permissible in all residential and appropriate business zones. The SEPP sets standards in relation to height, floor space and car parking.

• Boarding Houses Fact Sheet

For further information on the other accommodation permitted under the SEPP refer to the Affordable Rental Housing SEPP.