NSW Housing Code A guide to ... - Building Certifiers

1 NSW Housing CodeA guide to complying developmentA guide to Complying Development: Housing CodeState of New South Wales through the NSW Department of PlanningApril 2011 Disclaimer: While every reasonable effort has been made to ensure that this document is correct at the time of publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person in respect to anything or the consequence of anything done or omitted to be done in reliance upon the whole or any part of this FURTHER INFORMATION CONTACTNSW Government Department of PlanningInformation Centre GPO Box 39 Sydney, NSW Australia 1300 305 695 For a copy of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Housing Code1 Back to contents page.

2 ContentsIntroduction 2 Purpose of this user guide 2 The Codes SEPP 3 Getting started 5 Five steps to exempt development 6 Six steps to complying development 7Is the proposed development exempt under the Codes SEPP? 8 The General Exempt Development Code 8 Does the proposed development meet the general land based requirements under the Codes SEPP? 9 Excluded land and exemptions Bush fire prone land Flood control lots Heritage conservation areas 19Is the development specified under the Codes SEPP? 20 Specified development Other approvals 22 Does it meet the complying development standards under the Codes SEPP? 24 Principles for complying development Choosing which codes Summary of key development standards Site requirements Building heights Setbacks Privacy Landscaping Car parking and access Earthworks and drainage Detached studios adjoining lanes Swimming pools Fences Alterations and additions Demolition 45 Conditions and other requirements for complying development 46 Conditions Neighbour notification Implementation of the code 47 Appendix A Exempt Development Code 48 Appendix B Glossary 51 STEP1 STEP2 STEP3 STEP4 STEP5 NSW Housing Code2 Back to contents of this user guideIt is now possible to build a new or carry out alterations and additions to a dwelling house

3 Without having to lodge a development application (DA), using a State wide complying development user guide explains how the State Environmental Planning Policy (Exempt and Complying Codes) 2008 ( Codes SEPP ) applies to different types of residential development on residential zoned guide provides information on development that can be carried out using the General Housing Code, the Housing Alterations Code and the Demolition Code. There is also a Rural Housing Code, for residential development on rural zoned the Codes SEPP, development may be carried out as exempt or complying development. This guide will explain the difference between the working through a series of logical steps, this guide will help the reader navigate the Codes SEPP for development on residential zoned land to determine whether.

4 The Codes SEPP can be used the Codes SEPP applies to the proposed development (and, if not why) if the Codes SEPP does apply, whether the proposed development is categorised as exempt or complying development the relevant development standards that apply to the proposed development, and any other conditions, standards, approvals or legislation that must be considered or requirements user guide does not replace the Codes SEPP and should be read in conjunction with the Codes SEPP (there are references throughout the guide to clauses contained in the Codes SEPP). It may also be necessary to consider other legislation that regulates exempt and complying development including: Environmental Planning and Assessment Act 1979 (EP&A Act 1979) Environmental Planning and Assessment Regulation 2000 (EP&A Regulation 2000) Local Government Act 1993 Building Code of Australia (BCA) relevant Australian Standards (AS) Standard Instrument Principal Local Environmental Plan Roads Act 1993 Swimming Pools Act 1992 National Park and Wildlife Act 1974 Conveyancing Act 1919 Protection of the Environment Operations Act 1991 Occupation Health & Safety Regulation 2001 Threatened Species Act 1995 The Codes SEPP does not override existing legislation that may apply to the proposed development.

5 Current versions of all environmental planning instruments (EPIs) and legislation, including the above, is arranged in alphabetical order on Throughout this document you will see an icon with a clause number under the headings. These direct you to the specific clauses in the Codes SEPP that relate to the user guide does not cover all types of complying development permissible under the NSW planning system. Some complying development is permissible or enabled under other environmental planning instruments for example the State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy (Affordable Rental IntroductionNSW Housing Code3 Back to contents page. Housing ) 2009, councils local environmental plans (LEP) and development control plans (DCP).

6 Anyone undertaking complying development should ensure they are familiar with the particular requirements of the environmental planning instrument they are relying upon to assess their development. Note: The scenarios and pictures used in this guide are used for illustrative purposes only. The Codes SEPPO verview The Codes SEPP incorporates: the General Exempt Development Code (exempt development for Housing , commercial and industrial uses) the General Housing Code (complying development) the Housing Alterations Code (complying development) the Rural Housing Code (complying development) the General Commercial and Industrial Code (complying development) the Subdivisions Code (complying development) the General Development Code (complying development), and the Demolition Code (complying development).

7 The Codes SEPP does not repeat all of the technical requirements for buildings that are contained in other legislation, including the BCA and relevant Australian Standards. BackgroundThe NSW Government is streamlining the development approval processes for low impact and routine development proposals, freeing up the merit based system for more complex and sensitive developments. Under the NSW planning system, a development consent is required in most instances. There are generally three pathways for development: exempt development, covers certain types of minor work where no application for planning or construction approval is required, however there are standards which must be met complying development, covers work that meets certain pre-determined development standards and can be assessed and approved by a certifying authority (council or private accredited certifier), in 10 days or merit based assessment which requires a DA to be submitted to a consent authority (usually council) for assessment and results in a development consent, if approved.

8 The principal aim of the Codes SEPP is to remove unnecessary complexity and red tape for home owners constructing single or two storey dwelling houses or embarking on low impact renovations or improvements to their Housing Code4 Back to contents Planning and Assessment Regulation 2000 The EP&A Regulation plays an important role in implementing the planning provisions of the EP&A Act 1979. The EP&A Regulation 2000 sets a number of administrative and process requirements, including mandatory conditions of a complying development requirements can be found in Part 7 Procedures relating to complying development certificates of the EP&A Regulation requirements include, but are not limited to: how an application must be made the ability for a certifying authority to require additional information requiring a site inspection to be undertaken time limit for determining a complying development certificate compliance with the Building Code of Australia the requirements for certification undertaken on bush fire prone land, as well as outlining what information is required home Building Act requirements, fulfilment of BASIX requirements, development involving asbestos and other conditions.

9 In addition, the EP&A Regulation enables a complying development certificate to be lodged for two or more new dwelling houses being erected concurrently on adjoining lots. This is discussed further in the user guide under the General Housing Code is important that both council and private accredited Certifiers are familiar with all relevant requirements of the EP&A Regulation is exempt development?Exempt development has minimal environmental impact and can be carried out under the NSW planning system, without the need to gain planning approval. It is important to remember that development undertaken as exempt development must be carried out in accordance with the development standards contained within the General Exempt Development Code as well as any other relevant legislation, codes and standards.

10 For example, a general requirement for exempt development is that it must meet the relevant provisions of the BCA. Advice from an appropriate professional may be required to ensure that a proposed development meets the exempt development requirements under the Codes is important to recognise that if an exempt development type does not satisfy any of the applicable development standards it is no longer exempt development and development consent may be required. For more information on exempt development click is complying development?Complying development is a combined planning and construction approval for development that meets pre-determined development standards. Determination of a complying development certificate (CDC) relies on a code-based assessment.