5Requirements for affordable dwellings

5 Requirements for affordable dwellings

(1) Under subsection 43‑153(3) of the Act, each of the following requirements for a dwelling to be an affordable dwelling are determined: (a) the dwelling is either: (i) a moderate-income dwelling; or (ii) a lower-income dwelling; (b) the dwelling is part of a build to rent development in which the number of dwellings that are lower-income dwellings is equal to or greater than: (i) 2% of the number of the dwellings; or (ii) if the number of dwellings worked out under subparagraph (i) is not a whole number—that number rounded down to the nearest whole number of dwellings; (c) the dwelling is part of a build to rent development that satisfies subsection (2); (d) if the dwelling is tenanted—each tenant of the dwelling was identified by an eligible community housing provider as a prospective tenant for the dwelling (having regard only to the requirements for dwellings in this instrument and any matter expressly advised to the provider by the BTR owner). (2) For the purposes of paragraph (1)(c) a build to rent development satisfies this subsection if the BTR owner engages an eligible community housing provider to assist the BTR owner to: (a) identify prospective tenants for each affordable dwelling in the development; and (b) ascertain, for each assessing event in relation to each affordable dwelling in the development, whether the dwelling satisfies the criteria in subsection 6(2) or 7(2) (whichever applies). (3) The requirements in paragraphs (1)(c) and (d) do not apply to a dwelling if special circumstances exist in relation to the dwelling.