NSWIn ForceRegulation
Environmental Planning and Assessment Regulation 2021
127Complying development involving house-raising
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#### 127 Complying development involving house-raising
127 Complying development involving house-raising
> > (1) An application for a complying development certificate for development specified in [Lismore Local Environmental Plan 2012](/view/html/inforce/current/epi-2013-0066), Schedule 3, Part 1, matter relating to Raising of dwelling houses above flood planning level must be accompanied by—
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> > > (a) a certificate issued by either of the following certifying the dwelling house to which the development relates is suitable for the development—
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> > > > (i) the Northern Rivers Reconstruction Corporation,
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> > > > (ii) the NSW Reconstruction Authority, and
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> > > (b) a certificate issued by a registered professional engineer certifying the following—
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> > > > (i) the top of the floor surface of each habitable room in the dwelling house will be above the flood planning level,
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> > > > (ii) each part of the dwelling house erected at or below the flood planning level will be constructed of flood compatible material,
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> > > > (iii) each part of the dwelling house erected as part of the development will be able to withstand the forces exerted by water, debris and buoyancy during a flood up to the flood planning level,
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> > > > (iv) the flow of floodwater will not be restricted as a result of the development.
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> > (2) In this section—
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> > flood compatible material has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).
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> > flood planning level has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).
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> > habitable room has the same meaning as in the Building Code of Australia.
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> > Northern Rivers Reconstruction Corporation means the Northern Rivers Reconstruction Corporation constituted under the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049), section 4.
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> > NSW Reconstruction Authority means the NSW Reconstruction Authority established under the [NSW Reconstruction Authority Act 2022](/view/html/inforce/current/act-2022-080), section 7.
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> > registered professional engineer has the same meaning as in the [Design and Building Practitioners Act 2020](/view/html/inforce/current/act-2020-007).
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> **s 127:** Am 2022 (40), Sch 1\[22\] \[26\]. Rep 2022 (244), Sch 1\[1\]. Ins 2022 (791), Sch 1\[1\].