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find out morePlease contactInformation CentreNSW Department of Planning23 - 33 Bridge Street Sydneyt. 1300 305 695 or 02 9228 6333e. planningreform@planning.nsw.gov.au www.planning.nsw.gov.au/housingcodewhere does
the Code apply?The complying development code for new houses generally
only applies in residential zones, while for alterations and additions to existing dwellings and ancillary development
it applies in both residential and rural zones. There are some areas where the Code cannot be used,
including some environmentally-sensitive and bush
fire prone areas as well as heritage conservation areas
or heritage items.As well, the NSW Government will be considering submissions from local councils for potential local exclusions and variations to the Code, as well as updating the Code over time. covers single and
double-storey dwellingscharacter of local neighbourhoods preservedHome owners are often proud of their street
or neighourhood’s special characteristics, which
can be heritage, geographical or culturally-based. The Code, incorporating specific exemptions and local variations, ensures that local character will be protected. Four lot sizes have been created under the Code,
with varying criteria, to help guide the protection
of special neighbourhood characters.
Effective 27 February 2009www.planning.nsw.gov.au/housingcodeSizeWhile respecting privacy controls, a new house should complement the overall character of its
street and general neighbourhood. NeighboursA new house should be an adequate distance
from its neighbours to avoid the street feeling overcrowded.HeightA new house should be an appropriate height
and make minimal impact on its close neighbours and street.LandscapingAdequate landscaping is an important contributor
to complementing the character of the street.Car ParkingA new house’s presentation to the street should
be dominant, while the impact of a garage should
be minimised.key considerationswhen planning a new house or renovation:Lots 450m² up to 600m² Lots 900m² up to 1500m²Lots 600m² up to 900m²Lots 1500m² and above
introduction
to the CodeThe NSW Housing Code comes into effect on
27 February 2009. It simplifies the planning process
for new houses and alterations and additions
to existing homes.It allows general home developments to be approved in 10 days or less and is an alternative to the traditional, development application (DA) process. At the same time,
it preserves local character and protects neighbours’ rights. The Code is based on existing council codes and will
be kept under regular review.Cost savings averaging $6,500 in the metropolitan area
and $2,500 in regional areas are expected in house construction as a result of the Code, due to faster approvals and reduced paperwork. new home approvals
in 10 days or lessThe Code outlines types of development that can proceed
as either complying or exempt development.Complying development types include new houses, swimming pools and alterations and extensions,
on lots 450 square metres and greater.If your proposed development meets the Code’s standards,
then it will be approved by an accredited certifier or
a council, within 10 days.The Code also specifies 40 types of minor development, such as garden sheds, which can proceed as exempt development. Exempt development does not require planning or construction approval but is subject to other restrictions.what is
exempt development?The NSW Housing Code specifies 40 types of minor developments that can proceed as exempt development. Exempt development typically covers small-scale structures associated with a dwelling such as:garden sheds and carportsbalconies, decks and verandahspergolas and fencesrainwater tanks fixed barbecuesExempt development means that, subject to satisfying
pre-specified standards, there is no need for planning
or construction approval to be obtained. However, for some exempt development types, approval may be required under other legislation, such as the Roads Act. Furthermore, other factors, such as the land-use zone in which your property is located and heritage and environmental considerations, may affect what can proceed as exempt development.While these developments may be considered relatively minor, if not properly controlled they do have the potential
to impact on neighbours or streetscapes. The standards within the NSW Housing Code ensure these developments are limited by size and location to prevent adverse impacts
to neighbouring properties. If the exempt development section of the NSW Housing Code covers the same development type listed in a council exempt development code, then the NSW Housing Code prevails and homeowners must use this code.what is
complying development?The Code outlines how developments including detached single and two-storey dwellings, home extensions and other ancillary development,
such as swimming pools, can proceed as complying development. Proposals which satisfy the Code will receive approval
from an accredited certifier within 10 days.Complying development is a quick, simple alternative
to the DA process. Under the DA process each application is subject to a ‘merit-based’ assessment. Under the Housing Code, any complying development proposal which satisfies the standards in the Code must be approved.
STEPS To ComPLyINgRELATIoNSHIP WITH ExISTINg CouNCIL CoDESWhat if the proposed development is covered by both
a local council’s complying development code and the
NSW Housing Code (eg. a two-storey house)?During a transition period of 12 months from 27 February 2009, homeowners can progress their proposal using either process. However from 27 February 2010, the Housing Code only will apply.During the transition period, the two processes cannot
be ‘mixed and matched’. Applicants must choose and
follow one code or the other. The application for a complying development certificate asks the applicant which code
will be used. on lots 450 square
metres and overI want to build:a new housean extensiona swimming pool, etcNeighbours
notified Some conditions are:• size of lot > 450 m²• not in excluded area(eg. flood control lot, heritage)eg. height, setbacks from boundaries. See your architect, designer or builder. [If not compliant, use Development Application (DA) process]See your local council
or an accredited certifier.Does theHousing Code apply?Satisfy the standardsin the Housing Codeobtain a complying development certificateApproval given
within 10 daysI want to build:a sheda carporta barbecue, etcSTART
BuILDINg!Some special factors are:• land use zone of the property• heritage• environmental requirementsIf not compliant, use Development Application
(DA) process.Do any specialfactors apply?Satisfy the standardsin the Housing CodeSTEPS To ExEmPTIoNNoTE: This guide does not constitute legal advice.
Users should rely on the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008,
(which is the legal instrument) and the NSW Housing Code.START
BuILDINg!