{"id":"nsw:epi-2022-0521","name":"State Environmental Planning Policy (Sustainable Buildings) 2022","slug":"state-environmental-planning-policy-sustainable-buildings-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"521 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181090,"registerId":"nsw-nsw:epi-2022-0521-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Policy","content":"#### 1 Name of Policy\n\n1.1 Name of Policy\n\n> This Policy is [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Standards for BASIX development and BASIX optional development","content":"#### 2 Standards for BASIX development and BASIX optional development\n\n2.1 Standards for BASIX development and BASIX optional development\n\n> > (1) Schedule 1 sets out the standards that apply to BASIX development referred to in paragraphs (a) and (b) of the definition of BASIX development in the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759).\n> \n> > (2) Schedule 2 sets out the standards that apply to—\n> > \n> > > (a) BASIX development referred to in paragraph (c) or (d) of the definition of BASIX development in the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), and\n> > \n> > > (b) BASIX optional development if the development application or the application for a complying development certificate was accompanied by a BASIX certificate.\n> \n> > (2A) The standards that apply to BASIX development the subject of an amended BASIX certificate are—\n> > \n> > > (a) if the BASIX development is the subject of a development application or application for a complying development certificate that has been lodged—the standards that applied to the development when the original BASIX certificate was issued, or\n> > \n> > > (b) otherwise—the standards specified in subsections (1) or (2).\n> \n> > (3) The standard specified in Schedule 2, section 4 extends to a swimming pool or spa that has a capacity of less than 40,000L if the swimming pool or spa is part of development referred to in paragraph (c) of the definition of BASIX development in the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759).\n> \n> > (4) A standard specified in Schedule 1 or 2 does not apply to development involving a heritage item or in a heritage conservation area to the extent that the Planning Secretary is satisfied that the development is not capable of achieving a standard because of other development controls that apply.\n> \n> > (5) Development consent must not be granted to development to which the standards specified in Schedule 1 apply unless the consent authority is satisfied the embodied emissions attributable to the development have been quantified using an approved BASIX system.\n> \n> **s 2.1:** Am 2025 (599), Sch 1\\[1\\]–\\[3\\].","sortOrder":7},{"sectionNumber":"3","sectionType":"section","heading":"Application of Chapter","content":"#### 3 Application of Chapter\n\n3.1 Application of Chapter\n\n> > (1) This Chapter applies to development, other than development for the purposes of residential accommodation, that involves—\n> > \n> > > (a) the erection of a new building, if the development has an estimated development cost of $5 million or more, or\n> > \n> > > (b) alterations, enlargement or extension of an existing building, if the development has an estimated development cost of $10 million or more.\n> \n> > (2) This Chapter does not apply to the following development—\n> > \n> > > (a) development that is permitted with or without consent or that is exempt or complying development under—\n> > > \n> > > > (i) [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), or\n> > > \n> > > > (ii) [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2, or\n> > > \n> > > > (iii) [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 5,\n> > \n> > > (b) development on land wholly in any of the following zones—\n> > > \n> > > > (i) Zones RU1, RU2 or RU3,\n> > > \n> > > > (ii) Zone E5,\n> > > \n> > > > (iii) Zone IN3,\n> > > \n> > > > (iv) Zones C1, C2 or C3,\n> > > \n> > > > (v) Zones W1, W2, W3 or W4,\n> > \n> > > (c) development for the purposes of residential care facilities.\n> \n> > (3) To avoid doubt, this Chapter does not apply to development to which Chapter 2 applies.\n> \n> **s 3.1:** Am 2023 (523), Sch 2.7\\[1\\]; 2023 (537), Sch 1\\[1\\].","sortOrder":9},{"sectionNumber":"4","sectionType":"section","heading":"Repeal","content":"#### 4 Repeal\n\n4.1 Repeal\n\n> [State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004](/view/html/repealed/current/epi-2004-0396) is repealed.","sortOrder":13},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Standards for erection of BASIX buildings and change of use to BASIX buildings","content":"# Schedule 1 Standards for erection of BASIX buildings and change of use to BASIX buildings\n\nSchedule 1 Standards for erection of BASIX buildings and change of use to BASIX buildings\n\nsection 2.1","sortOrder":15},{"sectionNumber":"Part 1","sectionType":"part","heading":"Energy and water use","content":"# Part 1 Energy and water use\n\nPart 1 Energy and water use","sortOrder":16},{"sectionNumber":"Part 2","sectionType":"part","heading":"Thermal performance","content":"# Part 2 Thermal performance\n\nPart 2 Thermal performance","sortOrder":20},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed residential accommodation","content":"#### 5 Prescribed residential accommodation\n\n5 Prescribed residential accommodation\n\n> > (1) This section applies to dwellings in prescribed residential accommodation.\n> \n> > (2) Column 1 of Table 2 specifies the standard for the total heating and cooling of a dwelling.\n> \n> > (3) Column 2 of Table 2 specifies the standard for heating a dwelling without a suspended floor.\n> \n> > (4) Column 3 of Table 2 specifies the standard for cooling a dwelling without a suspended floor.\n> \n> > (5) Column 4 of Table 2 specifies the standard for heating a dwelling with a suspended floor.\n> \n> > (6) Column 5 of Table 2 specifies the standard for cooling a dwelling with a suspended floor.\n> \n> > (7) This section does not apply to a dwelling that has a suspended floor above a garage.\n> \n> > (8) If a dwelling has a suspended floor and another type of floor, the applicable standard is the floor area weighted average of the standards for a dwelling with and without a suspended floor.\n> \n> > (9) If more than 50% of the external walls of a dwelling are mud brick or rammed earth, the applicable standard is the standard for a suspended floor.\n> \n> **Table 2**\n> \n> | Climate zone | Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |\n> | 8 | 75 | 58.5 | 51.7 | 57.3 | 56.1 |\n> | 9 | — | 39.5 | 50 | 38.3 | 55 |\n> | 10 | — | 12 | 55.5 | 15.2 | 54.5 |\n> | 11 | — | 27.8 | 26.6 | 32.5 | 24 |\n> | 14 | 120 | 119 | 22.1 | 116.5 | 32.7 |\n> | 15 | 51 | 47.1 | 30.1 | 39.3 | 33.3 |\n> | 17 | 30 | 26 | 17.5 | 27 | 19.7 |\n> | 18 | 61 | 56.2 | 29.8 | 53.4 | 35.1 |\n> | 20 | 96 | 90.1 | 32.6 | 85.1 | 41.1 |\n> | 24 | 122 | 117 | 30 | 114 | 35 |\n> | 25 | 298 | — | — | — | — |\n> | 27 | 79 | 75.9 | 49 | 70.8 | 58.6 |\n> | 28 | 60 | 56 | 37.5 | 53.6 | 43.4 |\n> | 46 | 75 | 56.4 | 58.3 | 51 | 56.5 |\n> | 48 | 79 | 72.6 | 31.6 | 67.1 | 32.3 |\n> | 56 | 30 | 25 | 18 | 25.6 | 18.9 |\n> | 65 | 156 | 150 | 17.9 | 149.8 | 38.5 |\n> | 69 | 277 | — | — | — | — |","sortOrder":22},{"sectionNumber":"6","sectionType":"section","heading":"Residential flat buildings and shop-top housing with up to and including 5 storeys","content":"#### 6 Residential flat buildings and shop-top housing with up to and including 5 storeys\n\n6 Residential flat buildings and shop-top housing with up to and including 5 storeys\n\n> > (1) This section applies to dwellings in residential flat buildings and shop-top housing with up to and including 5 storeys above ground level (existing).\n> \n> > (2) Column 1 of Table 3 specifies the standard for heating a dwelling in the residential flat building or shop-top housing.\n> \n> > (3) Column 2 of Table 3 specifies the standard for cooling a dwelling in the residential flat building or shop-top housing.\n> \n> > (4) Column 3 of Table 3 specifies the standard for heating all dwellings in the residential flat building or shop-top housing, calculated as a weighted average according to the conditioned floor area of a dwelling.\n> \n> > (5) Column 4 of Table 3 specifies the standard for cooling all dwellings in the residential flat building or shop-top housing, calculated as a weighted average according to the conditioned floor area of a dwelling.\n> \n> **Table 3**\n> \n> | Climate zone | Column 1 | Column 2 | Column 3 | Column 4 |\n> | 8 | 59.8 | 62.9 | 56.3 | 60.6 |\n> | 9 | 41.9 | 53.1 | 39.5 | 50 |\n> | 10 | 12.6 | 58.2 | 12 | 55.5 |\n> | 11 | 29.2 | 28.1 | 27.7 | 26.7 |\n> | 14 | 208.2 | 18.4 | 194.4 | 16.5 |\n> | 15 | 53.5 | 35.3 | 49.2 | 35.7 |\n> | 17 | 33.9 | 18.8 | 31 | 19.8 |\n> | 18 | 72.4 | 39.4 | 65.4 | 39.6 |\n> | 20 | 132.2 | 53.4 | 118.2 | 53.7 |\n> | 24 | 200.1 | 40.6 | 175.8 | 47.1 |\n> | 25 | 503 | — | 475 | — |\n> | 27 | 87.4 | 58.5 | 81.2 | 54.7 |\n> | 28 | 69.7 | 54.2 | 63.6 | 49.3 |\n> | 46 | 61.5 | 57.8 | 57.3 | 57.6 |\n> | 48 | 107.4 | 35.1 | 98.5 | 35.4 |\n> | 56 | 32.9 | 20.4 | 29.7 | 21.2 |\n> | 65 | 250.5 | 28.1 | 215.5 | 46.5 |\n> | 69 | 492.1 | — | 455 | — |","sortOrder":23},{"sectionNumber":"7","sectionType":"section","heading":"Residential flat buildings and shop-top housing with 6 or more storeys","content":"#### 7 Residential flat buildings and shop-top housing with 6 or more storeys\n\n7 Residential flat buildings and shop-top housing with 6 or more storeys\n\n> > (1) This section applies to dwellings in residential flat buildings and shop-top housing with 6 or more storeys above ground level (existing).\n> \n> > (2) Column 1 of Table 4 specifies the standard for the total heating and cooling of a dwelling in the residential flat building or shop-top housing.\n> \n> > (3) Column 2 of Table 4 specifies the standard for heating a dwelling in the residential flat building or shop-top housing.\n> \n> > (4) Column 3 of Table 4 specifies the standard for cooling a dwelling in the residential flat building or shop-top housing.\n> \n> > (5) Column 4 of Table 4 specifies the standard for the total heating and cooling of all dwellings in the residential flat building or shop-top housing, calculated as a weighted average according to the conditioned floor area of a dwelling.\n> \n> > (6) Column 5 of Table 4 specifies the standard for heating all dwellings in the residential flat building or shop-top housing, calculated as a weighted average according to the conditioned floor area of a dwelling.\n> \n> > (7) Column 6 of Table 4 specifies the standard for cooling all dwellings in the residential flat building or shop-top housing, calculated as a weighted average according to the conditioned floor area of a dwelling.\n> \n> **Table 4**\n> \n> | Climate zone | Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |\n> | 8 | 95 | 68.3 | 71.9 | 75 | 62.2 | 66.9 |\n> | 9 | — | 41.9 | 53.1 | — | 39.5 | 50 |\n> | 10 | — | 12.6 | 58.2 | — | 12 | 55.5 |\n> | 11 | — | 29.2 | 28.1 | — | 27.7 | 26.7 |\n> | 14 | 158 | 155 | 13.7 | 120 | 118 | 10 |\n> | 15 | 66 | 53 | 35 | 51 | 45.4 | 33 |\n> | 17 | 39 | 36.9 | 20.4 | 30 | 29.1 | 18.6 |\n> | 18 | 81 | 65.5 | 35.6 | 61 | 56.2 | 34 |\n> | 20 | 127 | 117.2 | 47.3 | 96 | 90 | 40.9 |\n> | 24 | 161 | 157.2 | 31.9 | 122 | 118 | 31.6 |\n> | 25 | 366 | — | — | 298 | — | — |\n> | 27 | 103 | 81.3 | 54.4 | 79 | 75 | 50.6 |\n> | 28 | 79 | 65.1 | 50.6 | 60 | 58 | 45 |\n> | 46 | 94 | 75.3 | 70.8 | 75 | 56.8 | 57.1 |\n> | 48 | 104 | 94.2 | 30.8 | 79 | 75.9 | 27.3 |\n> | 56 | 38 | 34.4 | 21.4 | 30 | 28.1 | 20 |\n> | 65 | 200 | 183.5 | 20.6 | 156 | 153.3 | 33.1 |\n> | 69 | 339 | — | — | 277 | — | — |","sortOrder":24},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Standards for alterations of BASIX buildings and BASIX swimming pools and spas","content":"# Schedule 2 Standards for alterations of BASIX buildings and BASIX swimming pools and spas\n\nSchedule 2 Standards for alterations of BASIX buildings and BASIX swimming pools and spas\n\nsection 2.1","sortOrder":25},{"sectionNumber":"8","sectionType":"section","heading":"Windows and glass doors","content":"#### 8 Windows and glass doors\n\n8 Windows and glass doors\n\n> > (1) A new window or glass door in climate zone 8 must be—\n> > \n> > > (a) double-glazed, or\n> > \n> > > (b) timber-framed and made of pyrolytic low-e glass.\n> \n> > (2) A new window or glass door in climate zone 2, 4, 5, 6 or 7 must—\n> > \n> > > (a) during winter—\n> > > \n> > > > (i) reduce heat loss from the building, and\n> > > \n> > > > (ii) increase heat gain from the radiant energy of the sun, and\n> > \n> > > (b) during summer—reduce heat gain from the radiant energy of the sun.\n> \n> > (3) Subsection (2) does not apply to the smallest new window or glass door with an area of less than 1m2.","sortOrder":35},{"sectionNumber":"9","sectionType":"section","heading":"Skylights and glazed roofs","content":"#### 9 Skylights and glazed roofs\n\n9 Skylights and glazed roofs\n\n> > (1) A new skylight in climate zone 8 must be—\n> > \n> > > (a) timber framed, and\n> > \n> > > (b) double-glazed and filled with argon gas.\n> \n> > (2) A new glazed roof in climate zone 8 must be—\n> > \n> > > (a) double-glazed, or\n> > \n> > > (b) timber-framed and made of pyrolytic low-e glass.\n> \n> > (3) A new skylight, glazed roof or external shading structure in climate zone 2, 4, 5, 6 or 7 must—\n> > \n> > > (a) during winter—\n> > > \n> > > > (i) reduce heat loss from the building, and\n> > > \n> > > > (ii) increase heat gain from the radiant energy of the sun, and\n> > \n> > > (b) during summer—reduce heat gain from the radiant energy of the sun.\n> \n> > (4) Subsection (3) does not apply to the smallest new skylight or glazed roof with an area of less than 1m2.","sortOrder":36},{"sectionNumber":"10","sectionType":"section","heading":"Polycarbonate roofs above enclosed spaces","content":"#### 10 Polycarbonate roofs above enclosed spaces\n\n10 Polycarbonate roofs above enclosed spaces\n\n> > (1) A new polycarbonate roof above an enclosed space in climate zone 8 must be double-layered.\n> \n> > (2) If the total area of all new polycarbonate roofs above an enclosed space is at least 2m2, a new polycarbonate roof above an enclosed space must—\n> > \n> > > (a) for climate zone 2, 4, 5 or 6—have a shading coefficient of less than 0.4 or external shading, and\n> > \n> > > (b) for climate zone 7—be double-layered.\n> \n> > (3) Subsection (2) does not apply to the smallest new polycarbonate roof with an area of less than 1m2.","sortOrder":37},{"sectionNumber":"11","sectionType":"section","heading":"Glass rooms","content":"#### 11 Glass rooms\n\n11 Glass rooms\n\n> > (1) This section applies to a glass room that involves—\n> > \n> > > (a) a total new floor area of up to 15m2, or\n> > \n> > > (b) a total new glass area of up to 20m2.\n> \n> > (2) Sections 8(1), 9(1) and (2) and 10(1) do not apply to a glass room in climate zone 8.\n> \n> > (3) Section 10(2)(b) does not apply to a glass room in climate zone 7.\n> \n> > (4) If the total area of all new skylights in a glass room in climate zone 2, 4, 5 or 6 is at least 1m2, a new skylight must—\n> > \n> > > (a) be timber framed and double glazed, or\n> > \n> > > (b) have external shading.\n> \n> > (5) Subsection (4) does not apply to the smallest new skylight with an area of less than 1m2.\n> \n> > (6) In this section—\n> > \n> > glass room means a room, also known as a conservatory or sun room, comprised mainly of glass or polycarbonate that—\n> > \n> > > (a) is separated from an existing dwelling by walls, floors or ceilings, and\n> > \n> > > (b) can be closed off by doors and windows.","sortOrder":38},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Standards for energy and water use for large commercial development","content":"# Schedule 3 Standards for energy and water use for large commercial development\n\nSchedule 3 Standards for energy and water use for large commercial development\n\nsection 3.3(2)","sortOrder":39},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 4 Dictionary\n\nSchedule 4 Dictionary\n\nsection 1.4\n\nBASIX development has the same meaning as in the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759).\n\nBASIX optional development has the same meaning as in the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759).\n\nclimate zone means the climate zone shown on—\n\n> (a) for Schedule 1—the [State Environmental Planning Policy (Sustainable Buildings) 2022 Climate Zones for BASIX Buildings Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-sustainable-buildings-2022), and\n\n> (b) for Schedule 2—the [State Environmental Planning Policy (Sustainable Buildings) 2022 Climate Zones for BASIX Alterations Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-sustainable-buildings-2022).\n\nconditioned floor area of a dwelling means the floor area of conditioned areas of the dwelling, determined in accordance with the Nationwide House Energy Rating Scheme or NatHERS.\n\nembodied emissions, attributable to development, means the greenhouse gas emissions resulting from the materials used to construct a building that forms part of the development, including emissions from the following—\n\n> (a) the extraction of raw materials that are used to construct the building,\n\n> (b) transporting materials to be manufactured,\n\n> (c) the manufacture of the materials used to construct the building.\n\nenclosed suspended floor means a suspended floor that is not open.\n\nestimated development cost has the same meaning as in the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759).\n\nlarge commercial development means non-residential development that involves—\n\n> (a) the erection of new prescribed office premises, prescribed hotel or motel accommodation or prescribed serviced apartments, or\n\n> (b) alterations, enlargement or extension of prescribed office premises, prescribed hotel or motel accommodation or prescribed serviced apartments, if the development has an estimated development cost of $10 million or more.\n\nNABERS means the National Australian Built Environment Rating System.\n\nnon-residential development means development to which Chapter 3 applies.\n\nopen suspended floor means a suspended floor that is—\n\n> (a) not enclosed by walls, or\n\n> (b) enclosed by walls and with ventilation that exceeds the minimum requirements in the Building Code of Australia.\n\nprescribed hotel or motel accommodation means hotel or motel accommodation with at least 100 rooms.\n\nprescribed office premises means office premises with a net lettable area of at least 1,000m2.\n\nprescribed residential accommodation means the following—\n\n> (a) attached dwellings,\n\n> (b) dual occupancies,\n\n> (c) dwelling houses,\n\n> (d) group homes,\n\n> (e) multi dwelling housing,\n\n> (f) secondary dwellings,\n\n> (g) semi-detached dwellings,\n\n> (h) seniors housing that is a group of independent living units.\n\nprescribed serviced apartments means a building with at least 100 serviced apartments.\n\nR-value of building material means the thermal resistance of the material, measured by dividing the thickness of the material by its thermal conductivity.\n\nsuspended floor means a floor that has a void underneath the floor.\n\nthe Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nWater Use Map means the [State Environmental Planning Policy (Sustainable Buildings) 2022 Water Use Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-sustainable-buildings-2022).\n\n**sch 4:** Am 2023 (523), Sch 2.7\\[2\\] \\[3\\].","sortOrder":42}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond the original 2004 BASIX policy which focused primarily on residential water and energy efficiency. The 2022 version adds: (1) embodied emissions reporting for construction materials — a major new scope covering the carbon footprint of building materials themselves, not just operational energy; (2) mandatory thermal performance standards with detailed climate-zone specific requirements; (3) a new Chapter 3 extending coverage to large commercial developments (offices, hotels, serviced apartments) with NABERS rating requirements; (4) specific standards for swimming pools and spas; (5) on-site fossil fuel minimisation requirements for commercial development aligned with net-zero 2050 targets. The policy has evolved from a residential sustainability tool to a comprehensive building decarbonisation framework covering both operational and embodied carbon across residential and commercial sectors."},"complexity_factors":["Multiple overlapping application triggers based on development type, cost thresholds ($5m/$10m), and building use categories","Extensive cross-referencing to external documents: BASIX certificates, NABERS ratings, Water Use Map, Climate Zones Maps, the Standard Instrument for local environmental plans, and the EP&A Regulation 2021","Numerous defined terms (27+ in Schedule 4 alone) including technical concepts like 'conditioned floor area', 'embodied emissions', 'R-value', and 'NABERS'","Complex conditional logic with multiple exceptions: heritage exemptions (s 2.1(4)), Sydney LEP exemptions for commercial energy standards (s 3.3(4)) with a carve-back for serviced apartments (s 3.3(5)), and various grandfathering provisions in savings clauses","Detailed tabular data with 18 climate zones and multiple building typologies requiring specific percentage reductions or R-values (Tables 1-4 across Schedules 1-2)","Nested definitions and cascading application rules — for example, 'large commercial development' depends on 'prescribed office premises' which depends on 'net lettable area', and application depends on 'estimated development cost' defined in another regulation","Temporal complexity in transitional provisions (s 4.2) with multiple cut-off dates and certificate issuance dates affecting which standards apply","Interaction between three distinct regulatory streams: BASIX residential (Chapter 2), non-residential development (Chapter 3), and the specific 'large commercial' and 'State significant' overlays"],"plain_english_summary":"**What this law does:**\n\nThis is a New South Wales planning policy that sets mandatory sustainability standards for buildings. It replaces the old BASIX (Building Sustainability Index) policy from 2004 and expands the rules to cover more types of development.\n\n**Who it affects:**\n\n*   **Homeowners and developers building or renovating residential properties** (houses, apartments, units) — these are called \"BASIX development\" and \"BASIX optional development\"\n*   **Developers of large commercial buildings** — specifically offices over 1,000m², hotels/motels with 100+ rooms, and serviced apartments with 100+ units, where the project costs $5 million or more (for new buildings) or $10 million or more (for alterations)\n*   **Local councils and consent authorities** — they must check that developments meet these standards before approving them\n\n**Key requirements:**\n\n*   **Residential buildings** must meet strict limits on:\n    *   **Energy use** — reducing greenhouse gas emissions from electricity and gas use (targets vary by climate zone and building type, ranging from roughly 50-72% below baseline)\n    *   **Water use** — reducing consumption of mains drinking water (targets vary by location shown on a Water Use Map)\n    *   **Thermal performance** — how well the building maintains comfortable temperatures without excessive heating or cooling (measured in megajoules per square metre)\n    *   **Embodied emissions** — for new dwellings, developers must calculate the carbon footprint of construction materials\n\n*   **Alterations and additions** must meet specific standards for:\n    *   Water-efficient toilets, showers and taps (4-star WELS rating or better, or specific flow rates)\n    *   Efficient hot water systems (solar, heat pump, gas, or wood — basic electric resistance is banned)\n    *   Energy-efficient lighting (at least 40% LED/fluorescent)\n    *   Swimming pools and spas (covers, timers, rainwater tanks depending on size and location)\n    *   Insulation standards for walls, floors and ceilings (R-values vary by climate zone)\n    *   Window and glazing standards (double-glazing required in cold climates, specific thermal performance in others)\n\n*   **Large commercial developments** must:\n    *   Achieve NABERS energy ratings (5.5 stars for offices, 4 stars for hotels and serviced apartments)\n    *   Achieve 3-star NABERS water rating\n    *   Minimise use of on-site fossil fuels (coal, gas, oil) to help reach net-zero emissions by 2050\n    *   Quantify embodied emissions\n\n**Why it matters:**\n\nThis policy is a major tool for reducing NSW's carbon footprint from buildings, which account for a significant portion of the state's emissions. It forces developers to build more energy-efficient, water-efficient homes and commercial buildings. The \"embodied emissions\" tracking is particularly significant — it's one of the first mandatory requirements in Australia to account for the carbon cost of construction materials themselves, not just the energy used to run the building.\n\nThe policy also **overrides** any weaker standards in local council planning rules — if a council's rules are less strict on energy, water or thermal performance, this policy wins."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The policy has been amended at least five times since its original commencement in August 2022, suggesting the scope has expanded or been refined from its original form. The frequency of amendments (including updates in July 2023, September 2023, March 2024, April 2024, and October 2025) indicates the government has progressively broadened or adjusted the sustainability requirements beyond what was initially enacted, consistent with a staged rollout approach to stronger building sustainability obligations."},"complexity_factors":["Multiple amendments since 2022 creating different versions with different obligations depending on when a project commenced","Interaction with other planning instruments — overrides local council Environmental Planning Instruments (LEPs and DCPs) in complex ways","Technical building standards (NatHERS ratings, BASIX, NABERS) referenced by the policy require specialist expertise to interpret","Different requirements apply to different building classes (residential vs commercial vs mixed-use)","Transitional provisions determining which version of the rules applies to in-progress developments add a layer of complexity","The policy sits within a broader regulatory ecosystem (Environmental Planning and Assessment Act 1979, Building Code of Australia) requiring understanding of multiple instruments simultaneously","EV charging and embodied carbon provisions are relatively novel areas of law with limited interpretive precedent"],"plain_english_summary":"## NSW Sustainable Buildings Planning Policy 2022\n\n**What is this?**\nThis is a NSW Government planning rule (called a State Environmental Planning Policy, or SEPP — essentially a statewide law that overrides local council rules on certain planning matters) that sets minimum sustainability standards for new and significantly renovated buildings across New South Wales.\n\n**Who does it affect?**\n- **Homeowners and property developers** building new homes, apartments, or commercial buildings in NSW\n- **Builders and architects** who must design to meet the new standards\n- **Local councils**, whose own planning rules must give way to this statewide policy where they conflict\n\n**What does it require?**\nThe policy sets mandatory benchmarks for things like:\n- **Energy efficiency** — how well a building is insulated and how much energy it uses\n- **Water efficiency** — how much water a building consumes\n- **Thermal comfort** — keeping buildings at liveable temperatures without excessive heating or cooling\n- **Electric vehicle (EV) charging infrastructure** — wiring or spaces for EV chargers in new builds\n- **Whole-of-life carbon** — accounting for the environmental cost of building materials themselves\n\n**Why does it matter to you?**\n- If you're **building or significantly renovating**, your plans must meet these standards before you can get approval\n- **Higher upfront building costs** are likely, but the intent is to lower your long-term energy and water bills\n- The rules have been **updated multiple times** since 2022, so the requirements have evolved — what applied when you first checked may have changed\n- There is **no opt-out** — this is a statewide requirement that applies regardless of what your local council's rules say\n\n**Note:** This document as provided contains only the metadata and navigation structure of the legislation — the actual detailed provisions are not fully reproduced here, so the full technical requirements cannot be comprehensively summarised."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Policy expressly repeals the earlier BASIX instrument (s 4.1) and replaces it with a broader State Environmental Planning Policy that consolidates numeric energy, water and thermal standards, adds an explicit embodied‑emissions quantification requirement as a consent precondition for applicable developments (s 2.1(5); s 3.2(2)), expands mandatory administrative outputs (Planning Secretary baselines and scheduled reviews (Schedule 1, s 1; s 1.7)), and establishes statewide precedence over inconsistent local provisions for specified sustainability matters (s 2.2). It also applies new thresholds and definitions for non‑residential and large commercial development (s 3.1; Schedule 4), so the Policy’s operational scope and technical requirements differ from the repealed BASIX framework as reflected in the instrument text."},"complexity_factors":["Multiple interlocking technical schedules (Schedules 1–3) with many climate zones and numeric tables for different building types and storey counts (Schedule 1 and Part 2 tables).","Different treatment for new builds vs alterations and for residential vs non‑residential development (Schedules 1 and 2; s 3.1).","Threshold‑based application tied to estimated development cost and building size, creating complex applicability rules (s 3.1; Schedule 4 definitions).","Mandatory embodied‑emissions quantification and reliance on externally maintained baselines and occupancy figures published by the Planning Secretary (s 2.1(5); Schedule 1, s 1).","Administrative discretion points (consent authority satisfaction, Planning Secretary exceptions for heritage, Minister‑approved maps) that affect implementation (s 2.1(4); s 1.6; s 3.2).","Preemption of inconsistent local environmental planning instruments and development control plans for specified matters (s 2.2), requiring cross‑instrument analysis.","Linkage to external rating schemes and technical standards (NatHERS, NABERS, WELS), adding layering of compliance regimes (Schedule 4; Schedule 3).","Transitional and savings provisions with staged application and exclusions, adding temporal complexity (s 4.2)."],"plain_english_summary":"What this instrument changes, mechanically\n\n- Replaces the older BASIX policy and establishes a single, detailed State Environmental Planning Policy for sustainable buildings (s 4.1). It sets mandatory technical standards, reporting requirements and administrative procedures for specified types of new and altered buildings (Schedules 1–3; s 2.1; s 3.1).\n\n- Requires developers to quantify embodied emissions for applicable developments and makes that quantification a precondition for consent in certain cases (s 2.1(5); s 3.2(2)).\n\n- Imposes energy, water and thermal‑performance standards in numeric form (percent reductions from baselines; R‑values; megajoules per square metre; NABERS star targets), mapped to climate zones and water‑use areas. The detailed technical requirements are set out in Schedules 1–3 and depend on climate zone, building type, storeys and whether the work is new build or alteration (Schedule 1, Parts 1–2; Schedule 2; Schedule 3).\n\n- Gives the Policy priority over inconsistent environmental planning instruments to the extent of the inconsistency (s 1.5) and renders competing local development provisions ineffective where they aim to reduce potable water consumption, greenhouse gas emissions tied to building use, improve thermal performance, or require embodied‑emissions reporting (s 2.2).\n\n- Assigns administrative tasks to planning officials: the Planning Secretary must publish baselines and standard occupancy rates (Schedule 1, s 1) and must review the Policy’s development standards from 2025 and then at least every three years (s 1.7). Maps adopted under the Policy are approved by the Minister and kept electronically (s 1.6).\n\nThe Policy’s stated aims (as authoritatively recorded)\n\n- The Policy lists its aims as encouraging sustainable building design and delivery; ensuring consistent assessment and accurate data collection on building sustainability; monitoring embodied emissions; and minimising energy and mains potable water use, greenhouse gas emissions and poor thermal performance (s 1.3). Those aims are explicit policy claims in the instrument (s 1.3).\n\nHow it works in practice — who pays, who decides, and what must change\n\n- Who pays: the development proponent (developer, builder or owner) carries the upfront compliance costs for design, materials and installations necessary to meet numeric standards and to prepare any required quantifications (embodied emissions) and certificates (s 2.1(5); Schedule 2 requirements for fixtures, hot water systems, pool tanks and rainwater connections). Occupants are the reference unit for several standards (baselines are expressed per occupant, Schedule 1, s 1(1)(a)–(c); s 2(2)–(3)).\n\n- Who decides: consent authorities must be satisfied before granting consent that embodied emissions have been quantified (s 2.1(5); s 3.2(2)) and, for large commercial development, that the development is capable of achieving specified NABERS energy and water standards (s 3.3(2)–(3)). The Planning Secretary publishes baselines and occupancy rates (Schedule 1, s 1) and may be asked to accept that heritage constraints make a standard unattainable (s 2.1(4)). The Minister approves maps used to determine climate zones and water use areas (s 1.6).\n\n- Required behaviour changes: applicants must design to meet numeric energy reduction percentages against published baselines (Schedule 1, s 2); meet water‑use percentage reductions by water‑use area (Schedule 1, s 3); achieve thermal performance limits (Schedule 1, Part 2); install specific fittings and systems on alterations (Schedule 2, Part 1); and meet insulation, glazing and other building‑fabric standards (Schedule 2, Part 2). Large commercial projects must meet NABERS targets or show a NABERS commitment agreement (s 3.3(2)–(3); Schedule 3).\n\nCompliance burden and administrative discretion\n\n- Measurement and reporting burden: the Policy requires quantified embodied emissions (s 2.1(5)) and references recognized measurement frameworks for conditioned floor area and ratings (NatHERS, NABERS, WELS) (Schedule 4). The Planning Secretary must publish baselines and occupancy figures that underlie many standards (Schedule 1, s 1), so implementers rely on those official figures.\n\n- Discretion and exceptions: consent authorities exercise evaluative discretion when deciding whether to grant consent (multiple sections: s 3.2(1)–(2); s 3.3(1); s 3.4(2)). The Planning Secretary can permit deviation where heritage controls make a standard unattainable (Schedule 1, s 2(4)). Maps and baselines can be amended by the Minister or environmental planning instruments (s 1.6), creating administrative adjustment points.\n\nInteractions with other planning instruments and scope limits\n\n- Preemption of local rules: the Policy makes a class of local competing provisions ineffective if they attempt to do less than this Policy on water, greenhouse emissions tied to use, thermal performance, or embodied‑emissions reporting (s 2.2(1)). It does not displace local provisions that apply to non‑residential parts of BASIX development that won’t be used for residential purposes or provisions that incentivise measures beyond these requirements (s 2.2(2)).\n\n- Thresholds and exclusions: the non‑residential chapter applies only to projects meeting cost thresholds (new building $5m+; alterations $10m+), and excludes certain zones and types of development and those covered by other SEPP chapters (s 3.1). Transitional savings exclude certain applications and BASIX certificates issued before commencement (s 4.2).\n\nMechanisms that shape incentives and trade‑offs (policy testing)\n\n- Incentives created: by making consent contingent on quantified embodied emissions and on meeting energy/water/thermal standards, the Policy directly creates a design and material selection incentive for developers (s 2.1(5); s 3.2(2); Schedule 2; Schedule 3). Large commercial developers can demonstrate capability by using NABERS commitment agreements (s 3.3(3)).\n\n- Costs and opportunity costs: the Policy imposes upfront compliance costs (measurement, certifications, higher‑spec materials or systems such as higher R‑value insulation, double glazing in some zones, specified hot water systems, rainwater tanks for pools) as specified in Schedules 1–3 and Schedule 2. Those costs are concentrated on proponents of projects meeting the indicated thresholds (s 3.1; Schedule 4 definitions of large commercial development).\n\n- Substitution effects noted in the instrument: technical standards specify acceptable alternatives (e.g. allowable hot water systems include solar with boost, heat pumps, specific gas systems, or wood combustion) (Schedule 2, s 2), and NABERS or other measurement frameworks are used to establish compliance capability (s 3.3(3); Schedule 3). This channels choices into a bounded menu of compliant technologies.\n\nImplementation and monitoring signals\n\n- Data and review: the Policy requires baseline publication and data‑oriented baselines and occupancy figures (Schedule 1, s 1), and mandates periodic review of development standards (s 1.7), creating an administrative feedback loop for future adjustments.\n\nWhat the Policy claims to achieve and how that maps to the mechanics\n\n- The instrument explicitly states aims to reduce energy and potable water use, monitor embodied emissions, and improve thermal performance (s 1.3). Mechanically, those aims are pursued by: setting numeric performance targets and technical minimums (Schedules 1–3), requiring embodied‑emissions quantification as a consent condition in key cases (s 2.1(5); s 3.2(2)), and mandating publication of baselines and review (Schedule 1, s 1; s 1.7).\n\nKey practical consequences to watch (source‑grounded)\n\n- Developers of projects above the stated cost thresholds must budget for measurement, design changes and possibly higher‑spec materials/systems to secure consent (s 3.1; s 2.1(5); Schedule 2). Consent authorities and the Planning Secretary hold decision points where standards can be applied or excepted (s 2.1(4); s 3.2(1)–(2); s 3.3(2)–(3)).\n\n- Local environmental plans and development control plans cannot undercut the Policy’s minimums in the covered areas (s 2.2), making compliance requirements statewide for those matters.\n\nSources in the instrument: See sections 1.3 (policy aims); 1.6 (maps); 1.7 (review); 2.1 and Schedules 1–3 (standards and technical detail); 2.2 (preemption of competing provisions); 3.1–3.4 (application and consent requirements); 4.1–4.2 (repeal and transitional savings); Schedule 4 (definitions)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/state-environmental-planning-policy-sustainable-buildings-2022","history":"/api/acts/state-environmental-planning-policy-sustainable-buildings-2022/history","analysis":"/api/acts/state-environmental-planning-policy-sustainable-buildings-2022/analysis","conflicts":"/api/acts/state-environmental-planning-policy-sustainable-buildings-2022/conflicts","importantCases":"/api/acts/state-environmental-planning-policy-sustainable-buildings-2022/important-cases","documents":"/api/acts/state-environmental-planning-policy-sustainable-buildings-2022/documents"}}