Part 1 General

Part 1 General

Division 1 Preliminary

Division 1 Preliminary

1 Name of Policy

1.1 Name of Policy

This Policy is State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Division 2 Exempt and complying development

Division 2 Exempt and complying development

Part 2 Exempt Development Codes

Part 2 Exempt Development Codes

Note 1.

Schedule 2 contains the variations to this code.

Note 2.

A person may carry out development specified in this code without obtaining development consent from a consent authority if the person complies with the development standards that apply to the development (which includes the deemed-to-satisfy provisions of the Building Code of Australia).

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 2, note 2: Am 2009 (387), Sch 1 [15].

pt.2-div.1-sdiv.1 Access ramps

Subdivision 1 Access ramps

2 Specified development

2.1 Specified development

The construction or installation of an access ramp is development specified for this code.

pt.2-div.1-sdiv.2 Aerials, antennae and communication dishes

Subdivision 2 Aerials, antennae and communication dishes

pt 2, div 1, sdiv 2: Subst 2013 (706), Sch 1 [34].

pt.2-div.1-sdiv.3 Air-conditioning units

Subdivision 3 Air-conditioning units

pt.2-div.1-sdiv.3AA Ancillary take away food and drink outlets

Subdivision 3AA Ancillary take away food and drink outlets

pt 2, div 1, sdiv 3AA: Ins 2022 (47), Sch 1[3].

pt.2-div.1-sdiv.3A Animal shelters

Subdivision 3A Animal shelters

pt 2, div 1, sdiv 3A: Ins 2009 (387), Sch 1 [23].

pt.2-div.1-sdiv.3B Automatic teller machines

Subdivision 3B Automatic teller machines

pt 2, div 1, sdiv 3B: Ins 2009 (387), Sch 1 [23].

pt.2-div.1-sdiv.4 Aviaries

Subdivision 4 Aviaries

pt.2-div.1-sdiv.5 Awnings, blinds and canopies

Subdivision 5 Awnings, blinds and canopies

pt.2-div.1-sdiv.6 Balconies, decks, patios, pergolas, terraces and verandahs

Subdivision 6 Balconies, decks, patios, pergolas, terraces and verandahs

pt.2-div.1-sdiv.7 Barbecues and other outdoor cooking structures

Subdivision 7 Barbecues and other outdoor cooking structures

pt 2, div 1, sdiv 7, hdg: Am 2010 (656), Sch 1 [43].

pt.2-div.1-sdiv.8

Subdivision 8

2.15, 2.16 (Repealed)

pt 2, div 1, sdiv 8 (cll 2.15, 2.16): Rep 2010 (656), Sch 1 [45].

pt.2-div.1-sdiv.8A Bollards

Subdivision 8A Bollards

pt 2, div 1, sdiv 8A: Ins 2009 (387), Sch 1 [30].

pt.2-div.1-sdiv.9 Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses

Subdivision 9 Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses

pt.2-div.1-sdiv.10 Carports

Subdivision 10 Carports

pt.2-div.1-sdiv.10A Change of use of premises

Subdivision 10A Change of use of premises

pt 2, div 1, sdiv 10A: Ins 2009 (387), Sch 1 [36].

pt.2-div.1-sdiv.10B Change of use of places of public worship

Subdivision 10B Change of use of places of public worship

pt 2, div 1, sdiv 10B: Ins 2013 (706), Sch 1 [55].

pt.2-div.1-sdiv.10C Charity bins and recycling bins

Subdivision 10C Charity bins and recycling bins

pt 2, div 1, sdiv 10C (cll 2.20E, 2.20F): Ins 2013 (706), Sch 1 [55].

pt.2-div.1-sdiv.11 Clothes hoists and clothes lines

Subdivision 11 Clothes hoists and clothes lines

pt.2-div.1-sdiv.12 Container recycling equipment

Subdivision 12 Container recycling equipment

pt 2, div 1, sdiv 12: Rep 2013 (706), Sch 1 [56]. Ins 2017 (359), Sch 1 [6].

pt.2-div.1-sdiv.13 Demolition

Subdivision 13 Demolition

pt.2-div.1-sdiv.14 Driveways and hard stand spaces

Subdivision 14 Driveways and hard stand spaces

pt 2, div 1, sdiv 14: Subst 2013 (706), Sch 1 [57].

pt.2-div.1-sdiv.15 Earthworks, retaining walls and structural support

Subdivision 15 Earthworks, retaining walls and structural support

pt 2, div 1, sdiv 15: Subst 2013 (706), Sch 1 [58].

pt.2-div.1-sdiv.15AA Emergency work and repairs

Subdivision 15AA Emergency work and repairs

pt 2, div 1, sdiv 15AA, hdg: Ins 2010 (656), Sch 1 [54]. Am 2020 (30), Sch 1[2].

pt 2, div 1, sdiv 15AA: Ins 2010 (656), Sch 1 [54].

pt.2-div.1-sdiv.15AB Entertainment associated with existing premises

Subdivision 15AB Entertainment associated with existing premises

pt 2, div 1, sdiv 15AB, hdg: Am 2020 (724), Sch 4.

pt 2, div 1, sdiv 15AB: Ins 2020 No 40, Sch 4.5.

pt.2-div.1-sdiv.15A Evaporative cooling units (roof mounted)

Subdivision 15A Evaporative cooling units (roof mounted)

pt 2, div 1, sdiv 15A: Ins 2009 (387), Sch 1 [40].

pt.2-div.1-sdiv.15B Farm buildings damaged by natural disasters

Subdivision 15B Farm buildings damaged by natural disasters

pt 2, div 1, sdiv 15B: Ins 2022 (593), Sch 1[9].

pt.2-div.1-sdiv.16 Farm buildings (other than stock holding yards, grain silos and grain bunkers)

Subdivision 16 Farm buildings (other than stock holding yards, grain silos and grain bunkers)

pt 2, div 1, sdiv 16, hdg: Am 2013 (706), Sch 1 [59]. Subst 2018 (569), Sch 1 [9].

pt 2, div 1, sdiv 16: Subst 2018 (569), Sch 1 [9].

pt.2-div.1-sdiv.16A Stock holding yards not used for sale of stock

Subdivision 16A Stock holding yards not used for sale of stock

pt 2, div 1, sdiv 16A: Ins 2018 (569), Sch 1 [9].

pt.2-div.1-sdiv.16B Grain silos and grain bunkers

Subdivision 16B Grain silos and grain bunkers

pt 2, div 1, sdiv 16B: Ins 2018 (569), Sch 1 [9].

pt.2-div.1-sdiv.16C Farm experience premises

Subdivision 16C Farm experience premises

pt 2, div 1, sdiv 16C: Ins 2022 (593), Sch 1[10].

pt.2-div.1-sdiv.16D Farm gate premises

Subdivision 16D Farm gate premises

pt 2, div 1, sdiv 16D: Ins 2022 (593), Sch 1[10].

pt.2-div.1-sdiv.16E Farm stay accommodation

Subdivision 16E Farm stay accommodation

pt 2, div 1, sdiv 16E: Ins 2022 (593), Sch 1[10].

pt.2-div.1-sdiv.17 Fences (certain residential zones and Zone RU5)

Subdivision 17 Fences (certain residential zones and Zone RU5)

pt 2, div 1, sdiv 17, hdg: Subst 2017 (270), Sch 1 [12].

pt 2, div 1, sdiv 17: Subst 2013 (706), Sch 1 [62].

pt.2-div.1-sdiv.17A Fences for swimming pools (certain residential zones and Zone RU5)

Subdivision 17A Fences for swimming pools (certain residential zones and Zone RU5)

pt 2, div 1, sdiv 17A (cll 2.34A, 2.34B): Ins 2017 (270), Sch 1 [15].

pt.2-div.1-sdiv.18 Fences (certain rural zones, environment protection zones and Zone R5)

Subdivision 18 Fences (certain rural zones, environment protection zones and Zone R5)

pt 2, div 1, sdiv 18, hdg: Subst 2017 (270), Sch 1 [16].

pt 2, div 1, sdiv 18: Subst 2013 (706), Sch 1 [62].

pt.2-div.1-sdiv.19 Fences (business, employment, mixed use and industrial zones and Zones SP5 and W4)

Subdivision 19 Fences (business, employment, mixed use and industrial zones and Zones SP5 and W4)

pt 2, div 1, sdiv 19, hdg: Subst 2013 (706), Sch 1 [62]. Am 2024 (42), Sch 1.39[4].

pt 2, div 1, sdiv 19: Subst 2013 (706), Sch 1 [62].

pt.2-div.1-sdiv.19A

Subdivision 19A

2.38A, 2.38B (Repealed)

pt 2, div 1, sdiv 19A (cll 2.38A, 2.38B): Ins 2010 (656), Sch 1 [67]. Rep 2013 (706), Sch 1 [62].

pt.2-div.1-sdiv.20 Flagpoles

Subdivision 20 Flagpoles

pt.2-div.1-sdiv.20A Footpaths—outdoor dining

Subdivision 20A Footpaths—outdoor dining

pt 2, div 1, sdiv 20A: Ins 2013 (706), Sch 1 [63].

pt.2-div.1-sdiv.20B Outdoor dining—general

Subdivision 20B Outdoor dining—general

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.20C Outdoor dining—registered clubs

Subdivision 20C Outdoor dining—registered clubs

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.21 Fowl and poultry houses

Subdivision 21 Fowl and poultry houses

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.21AA Fuel tanks and gas storage

Subdivision 21AA Fuel tanks and gas storage

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 21AA: Ins 2010 (656), Sch 1 [70].

pt.2-div.1-sdiv.21A Garbage bin storage enclosure

Subdivision 21A Garbage bin storage enclosure

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 21A: Ins 2009 (387), Sch 1 [48].

pt.2-div.1-sdiv.21B

Subdivision 21B

2.42C, 2.42D (Repealed)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 21B: Ins 2009 (387), Sch 1 [48]. Rep 2013 (706), Sch 1 [69].

cl 2.42C: Ins 2009 (387), Sch 1 [48]. Am 2010 (656), Sch 1 [25]. Rep 2013 (706), Sch 1 [69].

cl 2.42D: Ins 2009 (387), Sch 1 [48]. Am 2010 (656), Sch 1 [52]; 2013 (706), Sch 1 [35]. Rep 2013 (706), Sch 1 [69].

pt.2-div.1-sdiv.22 Home businesses, home industries and home occupations

Subdivision 22 Home businesses, home industries and home occupations

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.23

Subdivision 23

2.45, 2.46 (Repealed)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 23 (cll 2.45, 2.46): Rep 2017 (494), Sch 6.1 [1].

pt.2-div.1-sdiv.23A Hot water systems

Subdivision 23A Hot water systems

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 23A: Ins 2009 (387), Sch 1 [49].

Note 1.

See note relating to Solar Hot Water Systems.

Note 2.

For further information about noise control in relation to heat pump water heaters, see the NSW Government’s Noise Guide for Local Government published in 2010 (ISBN 978 1 74232 942 0).

pt.2-div.1-sdiv.23B Hours of operation and trading

Subdivision 23B Hours of operation and trading

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 23B: Ins 2021 (777), Sch 1[9].

pt.2-div.1-sdiv.24 Landscaping structures

Subdivision 24 Landscaping structures

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.25 Letterboxes

Subdivision 25 Letterboxes

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.25A Maintenance of buildings in draft heritage conservation areas

Subdivision 25A Maintenance of buildings in draft heritage conservation areas

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 25A: Ins 2011 (99), Sch 1 [8].

pt.2-div.1-sdiv.26 Minor building alterations (internal)

Subdivision 26 Minor building alterations (internal)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.27 Minor building alterations (external)

Subdivision 27 Minor building alterations (external)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.27A Mobile food and drink outlets

Subdivision 27A Mobile food and drink outlets

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 27A: Ins 2013 (706), Sch 1 [71].

pt.2-div.1-sdiv.28 Pathways and paving

Subdivision 28 Pathways and paving

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 28: Subst 2013 (706), Sch 1 [72].

pt.2-div.1-sdiv.29 Playground equipment

Subdivision 29 Playground equipment

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.30 Portable swimming pools and spas and child-resistant barriers

Subdivision 30 Portable swimming pools and spas and child-resistant barriers

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.31 Privacy screens

Subdivision 31 Privacy screens

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.32 Rainwater tanks (above ground)

Subdivision 32 Rainwater tanks (above ground)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.33 Rainwater tanks (below ground)

Subdivision 33 Rainwater tanks (below ground)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.33AA Roadside stalls

Subdivision 33AA Roadside stalls

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 33AA: Ins 2022 (593), Sch 1[11].

pt.2-div.1-sdiv.33A Roller shutter doors adjoining lanes

Subdivision 33A Roller shutter doors adjoining lanes

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 33A: Ins 2013 (706), Sch 1 [82].

pt.2-div.1-sdiv.34

Subdivision 34

2.67, 2.68 (Repealed)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 34, hdg: Subst 2009 (387), Sch 1 [64]. Rep 2013 (706), Sch 1 [83].

cl 2.67: Subst 2009 (387), Sch 1 [65]. Rep 2013 (706), Sch 1 [83].

cl 2.68: Am 2009 (387), Sch 1 [66] [67]. Rep 2013 (706), Sch 1 [83].

pt.2-div.1-sdiv.35 Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs)

Subdivision 35 Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.35A Security measures for places of public worship

Subdivision 35A Security measures for places of public worship

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 35A: Ins 2024 (662), Sch 1.

pt.2-div.1-sdiv.36 Shade structures of canvas, fabric, mesh or the like

Subdivision 36 Shade structures of canvas, fabric, mesh or the like

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.36A Shipping containers (temporary installation and use for storage purposes following a natural disaster)

Subdivision 36A Shipping containers (temporary installation and use for storage purposes following a natural disaster)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 36A, hdg: Ins 2009 (387), Sch 1 [70]. Rep 2013 (706), Sch 1 [87]. Ins 2020 (30), Sch 1[6]. Am 2022 (153), Sch 2[5].

pt 2, div 1, sdiv 36A: Ins 2009 (387), Sch 1 [70]. Rep 2013 (706), Sch 1 [87]. Ins 2020 (30), Sch 1[6].

pt.2-div.1-sdiv.36B Shipping containers and portable offices (temporary installation and use for existing commercial and industrial purposes)

Subdivision 36B Shipping containers and portable offices (temporary installation and use for existing commercial and industrial purposes)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 36B: Ins 2020 (70), Sch 1.

pt.2-div.1-sdiv.37 Skylights, roof windows and ventilators

Subdivision 37 Skylights, roof windows and ventilators

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 37, note: Ins 2010 (754), Sch 2. Am 2022 (72), Sch 1.52[12].

Note.

Development for the purposes of small wind turbine systems or solar energy systems (ie a photovoltaic electricity generating system, solar hot water system or solar air heating system) is specified as exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021, Part 2.3, Division 5.

pt.2-div.1-sdiv.37A Stairway

Subdivision 37A Stairway

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 37A: Ins 2019 (621), Sch 6[10].

pt.2-div.1-sdiv.37B Street library

Subdivision 37B Street library

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 37B (cll 2.74C, 2.74D): Ins 2019 (621), Sch 6[10].

pt.2-div.1-sdiv.38 Subdivision of land

Subdivision 38 Subdivision of land

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 38, hdg: Subst 2025 (528), Sch 1[12].

pt 2, div 1, sdiv 38: Rep 2009 (74), Sch 1 [25]. Ins 2010 (656), Sch 1 [86] (am 2010 (754), Sch 3).

pt.2-div.1-sdiv.39 Sculptures and artworks

Subdivision 39 Sculptures and artworks

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 39: Subst 2013 (706), Sch 1 [89].

pt.2-div.1-sdiv.39A

Subdivision 39A

2.78A, 2.78B (Repealed)

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 39A (cll 2.78A, 2.78B): Ins 2010 (656), Sch 1 [87]. Rep 2013 (706), Sch 1 [90].

pt.2-div.1-sdiv.39B Tennis courts

Subdivision 39B Tennis courts

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 39B: Ins 2010 (656), Sch 1 [87].

pt.2-div.1-sdiv.39C Waste storage containers

Subdivision 39C Waste storage containers

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 39C (cll 2.78E, 2.78F): Ins 2010 (656), Sch 1 [87]. Subst 2013 (706), Sch 1 [93].

pt.2-div.1-sdiv.40 Water features and ponds

Subdivision 40 Water features and ponds

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.40A Waterways structures—minor alterations

Subdivision 40A Waterways structures—minor alterations

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt 2, div 1, sdiv 40A: Ins 2013 (706), Sch 1 [94].

pt.2-div.1-sdiv.41 Windmills

Subdivision 41 Windmills

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.1-sdiv.42 Bicycle storage

Subdivision 42 Bicycle storage

pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1.

pt.2-div.2-sdiv.1 General requirements for advertising and signage

Subdivision 1 General requirements for advertising and signage

pt 2, div 2, sdiv 1: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.2 Building identification signs

Subdivision 2 Building identification signs

pt 2, div 2, sdiv 2: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.3 Wall signs

Subdivision 3 Wall signs

pt 2, div 2, sdiv 3: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.4 Fascia signs

Subdivision 4 Fascia signs

pt 2, div 2, sdiv 4: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.5 Under awning signs

Subdivision 5 Under awning signs

pt 2, div 2, sdiv 5: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.6 Top hamper signs

Subdivision 6 Top hamper signs

pt 2, div 2, sdiv 6: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.7 Window signs

Subdivision 7 Window signs

pt 2, div 2, sdiv 7: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.8 Replacement of identification signs

Subdivision 8 Replacement of identification signs

pt 2, div 2, sdiv 8: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.9 Internal signs

Subdivision 9 Internal signs

pt 2, div 2, sdiv 9: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.10 Community notice and public information signs

Subdivision 10 Community notice and public information signs

pt 2, div 2, sdiv 10: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.11 Temporary event signs

Subdivision 11 Temporary event signs

pt 2, div 2, sdiv 11: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.12 Real estate signs

Subdivision 12 Real estate signs

pt 2, div 2, sdiv 12: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.13 Election signs

Subdivision 13 Election signs

pt 2, div 2, sdiv 13: Ins 2013 (706), Sch 1 [97].

pt.2-div.2-sdiv.14 Agritourism signs

Subdivision 14 Agritourism signs

pt 2, div 2, sdiv 14: Ins 2022 (593), Sch 1[12].

Division 3 Temporary Uses and Structures Exempt Development Code

Division 3 Temporary Uses and Structures Exempt Development Code

pt.2-div.3-sdiv.1 General requirements for temporary uses and structures

Subdivision 1 General requirements for temporary uses and structures

pt 2, div 3, sdiv 1 (cl 2.108): Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.2 Scaffolding, hoardings and temporary construction site fences

Subdivision 2 Scaffolding, hoardings and temporary construction site fences

pt 2, div 3, sdiv 2: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.3 Temporary builders’ structures

Subdivision 3 Temporary builders’ structures

pt 2, div 3, sdiv 3 (cll 2.111, 2.112): Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.4 Filming

Subdivision 4 Filming

pt 2, div 3, sdiv 4: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.5 Temporary structures and alterations or additions to buildings for filming purposes

Subdivision 5 Temporary structures and alterations or additions to buildings for filming purposes

pt 2, div 3, sdiv 5: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.6 Tents or marquees used for filming purposes and private functions

Subdivision 6 Tents or marquees used for filming purposes and private functions

pt 2, div 3, sdiv 6: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.7 Tents, marquees or booths for community events

Subdivision 7 Tents, marquees or booths for community events

pt 2, div 3, sdiv 7: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.8 Stages or platforms for private functions

Subdivision 8 Stages or platforms for private functions

pt 2, div 3, sdiv 8: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.9 Stages or platforms for community events

Subdivision 9 Stages or platforms for community events

pt 2, div 3, sdiv 9: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.10 Public land and major events sites—additional temporary development

Subdivision 10 Public land and major events sites—additional temporary development

pt 2, div 3, sdiv 10, hdg: Am 2025 (528), Sch 1[16].

pt 2, div 3, sdiv 10: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.11 Sydney Cricket Ground—additional temporary development

Subdivision 11 Sydney Cricket Ground—additional temporary development

pt 2, div 3, sdiv 11: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.12 Trading hours—temporary extensions for Christmas

Subdivision 12 Trading hours—temporary extensions for Christmas

pt 2, div 3, sdiv 12: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.13 Trading hours—temporary extension for licensed premises

Subdivision 13 Trading hours—temporary extension for licensed premises

pt 2, div 3, sdiv 13: Ins 2013 (706), Sch 1 [97].

pt.2-div.3-sdiv.14 Trading hours—temporary extension for unlicensed premises

Subdivision 14 Trading hours—temporary extension for unlicensed premises

pt 2, div 3, sdiv 14: Ins 2020 (776), Sch 1. Rep 2008 (572), cl 2.132C. Ins 2025 (528), Sch 1[23].

Division 4

Division 4

2.133–2.135 (Repealed)

pt 2, div 4: Ins 2020 (108), Sch 1. Rep 2008 (572), cl 2.135.

cl 2.133: Ins 2020 (108), Sch 1. Rep 2008 (572), cl 2.135.

cl 2.134: Ins 2020 (108), Sch 1. Rep 2008 (572), cl 2.135.

cl 2.135: Ins 2020 (108), Sch 1. Am 2020 (565), cl 4. Rep 2008 (572), cl 2.135.

Part 2A

Part 2A

2A.1–2A.3 (Repealed)

pt 2A: Ins 2017 (542), Sch 1 [4]. Rep 2024 (609), Sch 1[32].

cl 2A.1: Ins 2017 (542), Sch 1 [4]. Rep 2024 (609), Sch 1[32].

cl 2A.2: Ins 2017 (542), Sch 1 [4]. Rep 2024 (609), Sch 1[32].

cl 2A.3: Ins 2017 (542), Sch 1 [4]. Rep 2024 (609), Sch 1[32].

Part 3 Housing Code

Part 3 Housing Code

Note 1.

Clause 1.18(1)(b) states that to be complying development for the purposes of this Policy the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out.

Note 2.

Schedule 3 contains variations to this code.

Note 3.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 3: Subst 2017 (269), Sch 1 [14].

pt 3, notes: Subst 2009 (387), Sch 1 [74]; 2017 (269), Sch 1 [14].

3 Development that is complying development under this code

3.1 Development that is complying development under this code

(1) The following development is complying development under this code—

(a) the erection of a new 1 or 2 storey dwelling house and any attached development,

(b) the alteration of, or an addition to, a 1 or 2 storey dwelling house (including any addition that results in a 2 storey dwelling house) and any attached development,

(c) the erection of detached development and the alteration of, or an addition to, any detached development.

(2) For the purposes of calculating the number of storeys in a dwelling house under this code, any basement (including a garage) is to be counted as a storey.

Note 1.

Although a basement is to be counted as a storey for the purposes of calculating the number of storeys in a dwelling house, a basement is a type of attached development for the purposes of complying development under this code.

Note 2.

Storey is defined in the Standard Instrument as a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—

(a) a space that contains only a lift shaft, stairway or meter room, or

(b) a mezzanine, or

(c) an attic.

(3) Lot requirements Complying development specified for this code may only be carried out on a lot that meets the following requirements—

(a) the lot must be in Zone R1, R2, R3, R4 or RU5,

(b) the area of the lot must not be less than 200m2,

(c) the width of the lot must be at least 6m measured at the building line,

(d) there must only be 1 dwelling house on the lot at the completion of the development,

(e) the lot must have lawful access to a public road at the completion of the development,

(f) if the development is on a battle-axe lot—the lot must be at least 12m by 12m (not including the access laneway) and must have an access laneway that is at least 3m wide,

(g) if the development is on a corner lot—the width of the primary road boundary of the lot must be at least 6m.

(4) A secondary dwelling with development consent or a complying development certificate is not a dwelling house for the purpose of subclause (3)(d).

(5) Erection of attached development and detached development Complying development specified for this code that is attached development or detached development may be carried out on a lot—

(a) if a dwelling house exists on the lot—at any time, or

(b) if there is a current development consent or complying development certificate for the construction of a dwelling house on the lot—before the construction of the dwelling house.

Note 1.

Attached development, battle-axe lot, building line, detached development, development consent and dwelling house are defined in clause 1.5.

Note 2.

Basement and secondary dwelling have the same meanings as they have in the Standard Instrument.

Note 3.

Complying development certificate has the same meaning as it has in the Act.

Note 4.

Clauses 1.17A, 1.18 and 1.19(1) and Schedules 3 and 5 of this Policy contain additional requirements for complying development.

cl 3.1: Subst 2010 (656), Sch 1 [93]; 2017 (269), Sch 1 [14].

pt.3-div.3-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt 3, div 3, sdiv 1: Rep 2013 (706), Sch 1 [129]. Ins 2017 (269), Sch 1 [14].

pt.3-div.3-sdiv.2 Built form development standards for dwelling houses and attached development

Subdivision 2 Built form development standards for dwelling houses and attached development

pt 3, div 3, sdiv 2: Rep 2013 (706), Sch 1 [129]. Ins 2017 (269), Sch 1 [14].

pt.3-div.3-sdiv.3 Landscape development standards for dwelling houses and attached development

Subdivision 3 Landscape development standards for dwelling houses and attached development

pt 3, div 3, sdiv 3: Rep 2013 (706), Sch 1 [129]. Ins 2017 (269), Sch 1 [14].

pt.3-div.3-sdiv.4 Amenity development standards for dwelling houses and attached development

Subdivision 4 Amenity development standards for dwelling houses and attached development

pt 3, div 3, sdiv 4: Ins 2017 (269), Sch 1 [14].

pt.3-div.4-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt 3, div 4, sdiv 1, hdg: Ins 2017 (269), Sch 1 [14].

pt.3-div.4-sdiv.2 Built form development standards for detached development (other than swimming pools and fences)

Subdivision 2 Built form development standards for detached development (other than swimming pools and fences)

pt 3, div 4, sdiv 2, hdg: Ins 2017 (269), Sch 1 [14].

pt.3-div.4-sdiv.3 Landscape development standards for detached development (other than fences and child-resistant barriers)

Subdivision 3 Landscape development standards for detached development (other than fences and child-resistant barriers)

pt 3, div 4, sdiv 3, hdg: Ins 2017 (269), Sch 1 [14].

pt.3-div.4-sdiv.4 Built form development standards for swimming pools, fences and child-resistant barriers

Subdivision 4 Built form development standards for swimming pools, fences and child-resistant barriers

pt 3, div 4, sdiv 4, hdg: Ins 2017 (269), Sch 1 [14].

Division 5 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls, protection of trees and conditions under complying development certificates

Division 5 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls, protection of trees and conditions under complying development certificates

Part 3A Rural Housing Code

Part 3A Rural Housing Code

Note 1.

Clause 1.18(1)(b) states that to be complying development for the purposes of this Policy the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out.

Note 2.

Schedule 3 contains variations to this code.

Note 3.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 3A: Ins 2010 (656), Sch 1 [120].

pt 3A, notes: Am 2017 (270), Sch 1 [23].

3A Land to which code applies

3A.1 Land to which code applies

This code applies to development that is specified in clauses 3A.2–3A.5 on lots in Zones RU1, RU2, RU3, RU4, RU6 and R5.

cl 3A.1: Ins 2010 (656), Sch 1 [120]. Am 2013 (706), Sch 1 [130].

pt.3A-div.3-sdiv.1 Application

Subdivision 1 Application

pt 3A, div 3, sdiv 1 (cl 3A.8): Ins 2010 (656), Sch 1 [120].

pt.3A-div.3-sdiv.2 Site requirements

Subdivision 2 Site requirements

pt 3A, div 3, sdiv 2: Ins 2010 (656), Sch 1 [120].

pt.3A-div.3-sdiv.3 Building heights and setbacks

Subdivision 3 Building heights and setbacks

pt 3A, div 3, sdiv 3: Ins 2010 (656), Sch 1 [120].

pt.3A-div.3-sdiv.4 Landscaping

Subdivision 4 Landscaping

pt 3A, div 3, sdiv 4: Ins 2010 (656), Sch 1 [120].

pt.3A-div.3-sdiv.5 Car parking and access

Subdivision 5 Car parking and access

pt 3A, div 3, sdiv 5: Ins 2010 (656), Sch 1 [120].

pt.3A-div.3-sdiv.6 Earthworks and drainage

Subdivision 6 Earthworks and drainage

pt 3A, div 3, sdiv 6: Ins 2010 (656), Sch 1 [120].

pt.3A-div.3-sdiv.7 Ancillary development

Subdivision 7 Ancillary development

pt 3A, div 3, sdiv 7: Ins 2010 (656), Sch 1 [120].

pt.3A-div.3-sdiv.8 Outbuildings

Subdivision 8 Outbuildings

pt 3A, div 3, sdiv 8 (cl 3A.36): Ins 2010 (656), Sch 1 [120].

pt.3A-div.3-sdiv.9 Development standards for particular land

Subdivision 9 Development standards for particular land

pt 3A, div 3, sdiv 9: Ins 2010 (656), Sch 1 [120].

Part 3B Low Rise Housing Diversity Code

Part 3B Low Rise Housing Diversity Code

pt 3B, hdg: Ins 2018 (132), Sch 1 [18]. Am 2020 (331), Sch 1[1].

Note 1.

Clause 1.18(1)(b) states that to be complying development for the purposes of this Policy the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out.

Note 2.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 3B: Ins 2018 (132), Sch 1 [18].

Division 1A Manor houses permitted in certain land use zones

Division 1A Manor houses permitted in certain land use zones

pt 3B, div 1A (cl 3B.1A): Ins 2018 (132), Sch 1 [18] (am 2018 (210), cl 4 (1)).

3B Development for the purposes of manor houses

3B.1A Development for the purposes of manor houses

Manor houses are, despite any other environmental planning instrument, permitted with consent on land in any of the following land use zones if multi dwelling housing or residential flat buildings (or both) are permitted in the zone—

(a) Zone RU5 Village,

(b) Zone R1 General Residential,

(c) Zone R2 Low Density Residential,

(d) Zone R3 Medium Density Residential.

pt 3B, div 1A (cl 3B.1A): Ins 2018 (132), Sch 1 [18] (am 2018 (210), cl 4 (1)).

pt.3B-div.2-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt.3B-div.2-sdiv.2 Built form development standards

Subdivision 2 Built form development standards

pt.3B-div.2-sdiv.3 Landscape development standards

Subdivision 3 Landscape development standards

pt.3B-div.2-sdiv.4 Amenity development standards

Subdivision 4 Amenity development standards

pt.3B-div.3-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt.3B-div.3-sdiv.2 Built form development standards

Subdivision 2 Built form development standards

pt.3B-div.3-sdiv.3 Landscape development standards

Subdivision 3 Landscape development standards

pt.3B-div.3-sdiv.4 Amenity development standards

Subdivision 4 Amenity development standards

pt.3B-div.4-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt.3B-div.4-sdiv.2 Built form development standards

Subdivision 2 Built form development standards

pt.3B-div.4-sdiv.3 Landscape development standards

Subdivision 3 Landscape development standards

pt.3B-div.4-sdiv.4 Amenity development standards

Subdivision 4 Amenity development standards

pt.3B-div.5-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt.3B-div.5-sdiv.2 Built form development standards for detached development (other than swimming pools and fences)

Subdivision 2 Built form development standards for detached development (other than swimming pools and fences)

pt.3B-div.5-sdiv.3 Landscape development standards for detached development (other than fences and child-resistant barriers)

Subdivision 3 Landscape development standards for detached development (other than fences and child-resistant barriers)

pt.3B-div.5-sdiv.4 Built form development standards for swimming pools and fences

Subdivision 4 Built form development standards for swimming pools and fences

Division 6 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls, protection of trees and conditions under complying development certificates

Division 6 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls, protection of trees and conditions under complying development certificates

pt 3B, div 6: Ins 2018 (132), Sch 1 [18].

Division 7 Miscellaneous

Division 7 Miscellaneous

pt 3B, div 7, hdg: Ins 2018 (132), Sch 1 [18] (am 2018 (370), Sch 1 [3]).

Part 3BA Pattern Book Development Code

3BA Pattern Book Development Code

pt 3BA: Ins 2025 (355), Sch 1[6].

3BA Interpretation

3BA.1 Interpretation

(1) A word or expression used in this part has the same meaning as in the Standard Instrument unless it is otherwise defined in this part.

(2) In this part—

pattern means a pattern published by the Department in July 2025.

cl 3BA.1: Ins 2025 (355), Sch 1[6].

Part 3C Greenfield Housing Code

Part 3C Greenfield Housing Code

Note 1.

Clause 1.18(1)(b) states that to be complying development for the purposes of this Policy the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out.

Note 2.

Clause 1.18(1)(c) states that to be complying development for the purposes of this Policy the development must meet the relevant provisions of the Building Code of Australia. Clause 136A of the Environmental Planning and Assessment Regulation 2000 requires a complying development certificate to be issued subject to the conditions specified in that clause, including a condition that building work must be carried out in accordance with the requirements of that Code.

Note 3.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 3C: Ins 2018 (190), Sch 1 [6].

3C Land to which this code applies

3C.1 Land to which this code applies

This code applies to land within the Greenfield Housing Code Area.

Note—

Land in the Greenfield Housing Code Area may still be subject to general exclusions from complying development provided for in this code.

cl 3C.1: Ins 2018 (190), Sch 1 [6]. Am 2019 (621), Sch 6[13]–[15]. Subst 2024 (609), Sch 1[73].

pt.3C-div.3-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt 3C, div 3, sdiv 1: Ins 2018 (190), Sch 1 [6].

pt.3C-div.3-sdiv.2 Built form development standards for dwelling houses and attached development

Subdivision 2 Built form development standards for dwelling houses and attached development

pt 3C, div 3, sdiv 2: Ins 2018 (190), Sch 1 [6].

pt.3C-div.3-sdiv.3 Landscape development standards for dwelling houses and attached development

Subdivision 3 Landscape development standards for dwelling houses and attached development

pt 3C, div 3, sdiv 3: Ins 2018 (190), Sch 1 [6].

pt.3C-div.3-sdiv.4 Amenity development standards for dwelling houses and attached development

Subdivision 4 Amenity development standards for dwelling houses and attached development

pt 3C, div 3, sdiv 4: Ins 2018 (190), Sch 1 [6].

pt.3C-div.4-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt 3C, div 4, sdiv 1: Ins 2018 (190), Sch 1 [6].

pt.3C-div.4-sdiv.2 Built form development standards for detached development (other than swimming pools and fences)

Subdivision 2 Built form development standards for detached development (other than swimming pools and fences)

pt 3C, div 4, sdiv 2: Ins 2018 (190), Sch 1 [6].

pt.3C-div.4-sdiv.3 Landscape development standards for detached development (other than fences and child-resistant barriers)

Subdivision 3 Landscape development standards for detached development (other than fences and child-resistant barriers)

pt 3C, div 4, sdiv 3: Ins 2018 (190), Sch 1 [6].

pt.3C-div.4-sdiv.4 Built form development standards for swimming pools, fences and child-resistant barriers

Subdivision 4 Built form development standards for swimming pools, fences and child-resistant barriers

pt 3C, div 4, sdiv 4: Ins 2018 (190), Sch 1 [6].

Part 3D Inland Code

Part 3D Inland Code

Note 1.

Clause 1.18(1)(b) states that to be complying development for the purposes of this Policy, the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out.

Note 2.

Schedule 3 contains variations to this code.

Note 3.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 3D: Ins 2018 (569), Sch 1 [13].

3D Land to which code applies

3D.1 Land to which code applies

(1) Subject to subclause (2), this code applies to the development that is specified in clauses 3D.3–3D.66 on land in Zones RU1, RU2, RU3, RU4, RU5, RU6, R1, R2, R3, R4 and R5 in inland local government areas.

(2) This code does not apply to land to which the Greenfield Housing Code applies.

(3) Except as provided by clause 3D.2, the Housing Code and Rural Housing Code do not apply to land to which this code applies.

(4) In this clause, inland local government areas means the local government areas of Albury City, Armidale Regional, Balranald, Bathurst Regional, Berrigan, Bland, Blayney, Bogan, Bourke, Brewarrina, Broken Hill, Cabonne, Carrathool, Central Darling, Cobar, Coolamon, Coonamble, Cootamundra–Gundagai Regional, Cowra, Dubbo Regional, Dungog, Edward River, Federation, Forbes, Gilgandra, Glen Innes Severn Shire, Goulburn Mulwaree, Greater Hume Shire, Griffith, Gunnedah, Gwydir, Hay, Hilltops, lnverell, Junee, Lachlan, Leeton, Lithgow, Liverpool Plains, Lockhart, Mid-Western Regional, Moree Plains, Murray River, Murrumbidgee, Muswellbrook, Narrabri, Narrandera, Narromine, Oberon, Orange, Parkes, Queanbeyan-Palerang Regional, Singleton, Snowy Monaro Regional, Snowy Valleys, Tamworth Regional, Temora, Tenterfield, Upper Hunter Shire, Upper Lachlan Shire, Uralla, Wagga Wagga, Walcha, Walgett, Warren, Warrumbungle Shire, Weddin, Wentworth and Yass Valley.

cl 3D.1: Ins 2018 (569), Sch 1 [13].

pt.3D-div.3-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt 3D, div 3, sdiv 1 (cl 3D.9): Ins 2018 (569), Sch 1 [13].

pt.3D-div.3-sdiv.2 Built form development standards for dwelling houses and attached development

Subdivision 2 Built form development standards for dwelling houses and attached development

pt 3D, div 3, sdiv 2: Ins 2018 (569), Sch 1 [13].

pt.3D-div.4-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt 3D, div 4, sdiv 1 (cl 3D.17): Ins 2018 (569), Sch 1 [13].

pt.3D-div.4-sdiv.2 Built form development standards for dwelling houses and attached development

Subdivision 2 Built form development standards for dwelling houses and attached development

pt 3D, div 4, sdiv 2 (cl 3D.18–3D.23): Ins 2018 (569), Sch 1 [13].

pt.3D-div.4-sdiv.3 Landscape development standards for dwelling houses and attached development

Subdivision 3 Landscape development standards for dwelling houses and attached development

pt 3D, div 4, sdiv 3 (cl 3D.24): Ins 2018 (569), Sch 1 [13].

pt.3D-div.4-sdiv.4 Amenity development standards for dwelling houses and attached development

Subdivision 4 Amenity development standards for dwelling houses and attached development

pt 3D, div 4, sdiv 4: Ins 2018 (569), Sch 1 [13].

pt.3D-div.5-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt.3D-div.5-sdiv.2 Built form development standards for dwelling houses and attached development

Subdivision 2 Built form development standards for dwelling houses and attached development

pt.3D-div.5-sdiv.3 Landscape development standards for dwelling houses and attached development

Subdivision 3 Landscape development standards for dwelling houses and attached development

pt.3D-div.5-sdiv.4 Amenity development standards for dwelling houses and attached development

Subdivision 4 Amenity development standards for dwelling houses and attached development

pt.3D-div.5-sdiv.5 Car parking and access

Subdivision 5 Car parking and access

pt.3D-div.6-sdiv.1 Application of Division

Subdivision 1 Application of Division

pt 3D, div 6, sdiv 1 (cl 3D.39): Ins 2018 (569), Sch 1 [13].

pt.3D-div.6-sdiv.2 Built form development standards for detached development (other than farm buildings, swimming pools and fences)

Subdivision 2 Built form development standards for detached development (other than farm buildings, swimming pools and fences)

pt 3D, div 6, sdiv 2: Ins 2018 (569), Sch 1 [13].

pt.3D-div.6-sdiv.3 Landscape development standards for detached development (other than fences and child-resistant barriers) in Zones R1, R2, R3, R4, R5 and RU5

Subdivision 3 Landscape development standards for detached development (other than fences and child-resistant barriers) in Zones R1, R2, R3, R4, R5 and RU5

pt 3D, div 6, sdiv 3 (cll 3D.50, 3D.51): Ins 2018 (569), Sch 1 [13].

pt.3D-div.6-sdiv.4 Built form development standards for swimming pools and fences

Subdivision 4 Built form development standards for swimming pools and fences

pt 3D, div 6, sdiv 4: Ins 2018 (569), Sch 1 [13].

pt.3D-div.7-sdiv.1 Preliminary

Subdivision 1 Preliminary

pt.3D-div.7-sdiv.2 Built form development standards

Subdivision 2 Built form development standards

Division 8 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls and protection of trees

Division 8 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls and protection of trees

pt 3D, div 8: Ins 2018 (569), Sch 1 [13].

Division 9 Conditions applying to complying development certificates under this code

Division 9 Conditions applying to complying development certificates under this code

pt 3D, div 9 (Cl 3D.65): Ins 2018 (569), Sch 1 [13].

Part 4 Housing Alterations Code

Part 4 Housing Alterations Code

pt 4, hdg: Ins 2009 (387), Sch 1 [98]. Am 2010 (656), Sch 1 [121].

Note.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 4: Ins 2009 (387), Sch 1 [98].

pt 4, notes: Am 2017 (270), Sch 1 [34].

pt.4-div.1-sdiv.1 Internal alterations

Subdivision 1 Internal alterations

pt 4, div 1, sdiv 1: Ins 2010 (135), Sch 1 [21].

4 Specified development

4.1 Specified development

Internal alterations to existing residential accommodation, including alterations to common property or existing ancillary development that is associated with residential accommodation (but not including development that is the erection or conversion of a basement to existing residential accommodation), is development specified for this code.

Note.

See the entry for minor building alterations (internal) in the General Exempt Development Code.

cl 4.1: Ins 2009 (387), Sch 1 [98]. Subst 2010 (135), Sch 1 [21]; 2013 (706), Sch 1 [162]. Am 2021 (16), Sch 1[97].

pt.4-div.1-sdiv.2 External alterations to existing dwelling houses and ancillary development

Subdivision 2 External alterations to existing dwelling houses and ancillary development

pt 4, div 1, sdiv 2, hdg: Am 2013 (706), Sch 1 [164]. Subst 2017 (270), Sch 1 [35].

pt 4, div 1, sdiv 2: Ins 2010 (135), Sch 1 [21]. Subst 2010 (656), Sch 1 [124].

cl 4.1B: Ins 2010 (135), Sch 1 [21]. Rep 2010 (656), Sch 1 [124].

cl 4.1C: Ins 2010 (135), Sch 1 [21]. Am 2010 No 59, Sch 2.87 [2]. Rep 2010 (656), Sch 1 [124].

pt.4-div.1-sdiv.2A External alterations to residential accommodation other than dwelling houses and ancillary development

Subdivision 2A External alterations to residential accommodation other than dwelling houses and ancillary development

pt 4, div 1, sdiv 2A, hdg: Subst 2017 (270), Sch 1 [39].

pt 4, div 1, sdiv 2A: Ins 2013 (706), Sch 1 [168].

pt.4-div.1-sdiv.3 Attic conversions

Subdivision 3 Attic conversions

pt 4, div 1, sdiv 3: Ins 2010 (656), Sch 1 [124].

pt.4-div.1-sdiv.3A Development standards for particular land

Subdivision 3A Development standards for particular land

pt 4, div 1, sdiv 3A: Ins 2013 (706), Sch 1 [169].

Part 4A General Development Code

Part 4A General Development Code

Note.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992, the Disability (Access to Premises—Buildings) Standards 2010 of the Commonwealth and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 4A: Ins 2010 (656), Sch 1 [127].

pt 4A, note 1: Rep 2017 (270), Sch 1 [34].

pt 4A, note 2: Ins 2009 (387), Sch 1 [98]. Am 2013 (706), Sch 1 [171]. Renumbered as note, 2017 (270), Sch 1 [34].

pt.4A-div.1-sdiv.1 Bed and breakfast accommodation

Subdivision 1 Bed and breakfast accommodation

pt 4A, div 1, sdiv 1: Ins 2010 (656), Sch 1 [127].

4A Specified development

4A.1 Specified development

Bed and breakfast accommodation is development specified for this code if it is—

(a) permissible with development consent under an environmental planning instrument applying to the land on which the development is carried out, and

(b) not constructed or installed on bush fire prone land.

cl 4A.1: Ins 2010 (656), Sch 1 [127]. Am 2013 (706), Sch 1 [172]; 2021 (16), Sch 1[97].

pt.4A-div.1-sdiv.2 Home businesses

Subdivision 2 Home businesses

pt 4A, div 1, sdiv 2: Ins 2012 (670), Sch 2 [2]. Subst 2013 (706), Sch 1 [173].

pt.4A-div.1-sdiv.3 Tents, marquees or booths for community events

Subdivision 3 Tents, marquees or booths for community events

pt 4A, div 1, sdiv 3: Ins 2013 (706), Sch 1 [173].

pt.4A-div.1-sdiv.4 Stages or platforms for community events

Subdivision 4 Stages or platforms for community events

pt 4A, div 1, sdiv 4: Ins 2013 (706), Sch 1 [173].

pt.4A-div.1-sdiv.5 Sydney Olympic Park—major events

Subdivision 5 Sydney Olympic Park—major events

pt 4A, div 1, sdiv 5 (cll 4A.9, 4A.10): Ins 2013 (706), Sch 1 [173].

pt.4A-div.1-sdiv.6 Waterways structures

Subdivision 6 Waterways structures

pt 4A, div 1, sdiv 6: Ins 2013 (706), Sch 1 [173].

Part 5 Industrial and Business Alterations Code

Part 5 Industrial and Business Alterations Code

pt 5, hdg: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176]. Subst 2021 (777), Sch 1[12].

Note 1.

Clause 1.18(1)(b) states that to be complying development for the purposes of this Policy the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out.

Note 2.

Schedule 3 contains variations to this code.

Note 3.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, theDisability (Access to Premises—Buildings) Standards 2010 of the Commonwealth and Acts applying to various infrastructure authorities. If the development is in the proximity of infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 5: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176].

pt 5, notes: Am 2017 (270), Sch 1 [23].

pt.5-div.1-sdiv.1 Building alterations (internal)

Subdivision 1 Building alterations (internal)

pt 5, div 1, sdiv 1: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176].

5 Specified development

5.1 Specified development

An internal alteration to a building that is used, or is the subject of a development consent for use, for any purpose (other than for the purpose of residential accommodation, sex services premises or restricted premises) is development specified for this code.

cl 5.1: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176]. Am 2018 (406), Sch 2.1 [2]; 2018 (488), Sch 2.1 [2]; 2021 (16), Sch 1[97]; 2021 (777), Sch 1[13].

pt.5-div.1-sdiv.2

Subdivisions 2, 3

5.3–5.6 (Repealed)

pt 5, div 1, sdiv 2: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176]. Rep 2021 (777), Sch 1[15].

cl 5.3: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176]. Am 2017 (359), Sch 1 [7]–[9]; 2017 (494), Sch 6.1 [7] [8]; 2018 (406), Sch 2.1 [3]; 2018 (488), Sch 2.1 [3] [4]; 2021 (16), Sch 1[97]. Rep 2021 (777), Sch 1[15].

cl 5.4: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176]. Am 2014 (453), Sch 1 [4]; 2017 (359), Sch 1 [10]; 2017 (494), Sch 6.1 [5]; 2018 (68), Sch 2 [1]; 2019 (621), Sch 6[36] [37]; 2021 (16), Sch 1[100]. Rep 2021 (777), Sch 1[15].

pt 5, div 1, sdiv 3: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176]. Rep 2021 (777), Sch 1[15].

cl 5.5: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176]. Am 2017 (494), Sch 6.1 [9]; 2018 (406), Sch 2.1 [4]; 2018 (488), Sch 2.1 [5]; 2021 (16), Sch 1[101]. Rep 2021 (777), Sch 1[15].

cl 5.6: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176]. Am 2014 (453), Sch 1 [5]; 2018 (68), Sch 2 [1]; 2019 (621), Sch 6[38] [39]. Rep 2021 (777), Sch 1[15].

pt.5-div.1-sdiv.4 Mechanical ventilation systems

Subdivision 4 Mechanical ventilation systems

pt 5, div 1, sdiv 4: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176].

pt.5-div.1-sdiv.5 Shop fronts and awnings

Subdivision 5 Shop fronts and awnings

pt 5, div 1, sdiv 5: Ins 2009 (387), Sch 1 [98]. Subst 2013 (706), Sch 1 [176].

pt.5-div.1-sdiv.6 Skylights and roof windows

Subdivision 6 Skylights and roof windows

pt 5, div 1, sdiv 6: Ins 2013 (706), Sch 1 [176].

pt.5-div.1-sdiv.7 Projecting wall signs

Subdivision 7 Projecting wall signs

pt 5, div 1, sdiv 7: Ins 2013 (706), Sch 1 [176].

pt.5-div.1-sdiv.8 Freestanding pylon and directory board signs

Subdivision 8 Freestanding pylon and directory board signs

pt 5, div 1, sdiv 8: Ins 2013 (706), Sch 1 [176].

pt.5-div.1-sdiv.9 Ancillary development

Subdivision 9 Ancillary development

pt 5, div 1, sdiv 9, hdg: Subst 2017 (270), Sch 1 [44].

pt 5, div 1, sdiv 9: Ins 2013 (706), Sch 1 [176].

pt.5-div.1-sdiv.10 Earthworks, retaining walls and structural support

Subdivision 10 Earthworks, retaining walls and structural support

pt 5, div 1, sdiv 10: Ins 2013 (706), Sch 1 [176].

pt.5-div.1-sdiv.11 Driveways, hard stand spaces, pathways and paving

Subdivision 11 Driveways, hard stand spaces, pathways and paving

pt 5, div 1, sdiv 11: Ins 2013 (706), Sch 1 [176].

pt.5-div.1-sdiv.11A Click and collect bays, drive through facilities and goods collection lockers

Subdivision 11A Click and collect bays, drive through facilities and goods collection lockers

pt 5, div 1, sdiv 11A: Ins 2021 (777), Sch 1[17].

pt.5-div.1-sdiv.12 Fences

Subdivision 12 Fences

pt 5, div 1, sdiv 12: Ins 2013 (706), Sch 1 [176].

pt.5-div.1-sdiv.13 Development standards for land near Siding Spring Observatory

Subdivision 13 Development standards for land near Siding Spring Observatory

pt 5, div 1, sdiv 13: Ins 2017 (270), Sch 1 [46].

Part 5A Industrial and Business Buildings Code

Part 5A Industrial and Business Buildings Code

pt 5A, hdg: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[1].

Note 1.

Clause 1.18(1)(b) states that to be complying development for the purposes of this Policy the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out.

Note 2.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 5A: Ins 2013 (706), Sch 1 [177].

pt 5A, note 1: Ins 2017 (270), Sch 1 [47].

pt 5A, note 2 (previously Part 5A, note): Ins 2013 (706), Sch 1 [177]. Renumbered as note 2, 2017 (270), Sch 1 [47].

5A Interpretation

5A.1 Interpretation

(1) In this Part—

business zone means—

(a) Zone E1, E2, E3, MU1, B1, B2, B3, B4, B5, B6, B7, B8, IN4, SP1, SP2, SP3, SP5 or W4, or

(b) for land other than in the Albury local government area—Zone SP4 for Divisions 1 and 1A only.

industrial zone means Zone E4, E5, IN1, IN2 or IN3.

specified purpose—see clause 5A.2.

(2) In this Part, a requirement in relation to a building is a development standard that must be met for development in relation to the building to be complying development under this code.

cl 5A.1: Ins 2013 (706), Sch 1 [177]. Am 2017 (494), Sch 6.1 [14]. Subst 2021 (777), Sch 2[2]. Am 2022 (47), Sch 1[12]; 2022 (768), Sch 1[34] [35]; 2025 (528), Sch 1[24].

pt.5A-div.2-sdiv.1 Site requirements

Subdivision 1 Site requirements

pt 5A, div 2, sdiv 1: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[4].

pt.5A-div.2-sdiv.2

Subdivisions 2, 3

(Repealed)

pt 5A, div 2, sdiv 2: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[4].

pt 5A, div 2, sdiv 3: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[4].

pt.5A-div.2-sdiv.4 Building heights and setbacks

Subdivision 4 Building heights and setbacks

pt 5A, div 2, sdiv 4: Ins 2013 (706), Sch 1 [177].

pt.5A-div.2-sdiv.5 Building and site design requirements

Subdivision 5 Building and site design requirements

pt 5A, div 2, sdiv 5: Ins 2013 (706), Sch 1 [177].

pt.5A-div.3-sdiv.1

Subdivision 1

5A.17 (Repealed)

pt 5A, div 3, sdiv 1: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[12].

cl 5A.17: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[12].

pt.5A-div.3-sdiv.2 General

Subdivision 2 General

pt 5A, div 3, sdiv 2: Ins 2013 (706), Sch 1 [177].

pt.5A-div.3-sdiv.3 Site requirements

Subdivision 3 Site requirements

pt 5A, div 3, sdiv 3: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[15].

pt.5A-div.3-sdiv.4 Building heights and setbacks

Subdivision 4 Building heights and setbacks

pt 5A, div 3, sdiv 4: Ins 2013 (706), Sch 1 [177].

Part 5B Container Recycling Facilities Code

Part 5B Container Recycling Facilities Code

Note.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

5B Definitions

5B.1 Definitions

In this Division—

automated counting and sorting centre means a building or place—

(a) that is used in connection with the container deposit scheme, and

(b) that contains a machine or other device designed for large-scale and high-speed counting, sorting and verification of beverage containers, and

(c) that may contain or be attached to any other type of container recycling facility.

container recycling facility means any of the following—

(a) an automated counting and sorting centre,

(b) a drop-off collection point,

(c) an encased automatic machine,

(d) a large reverse vending machine,

(e) a manual collection point,

(f) an outdoor express centre.

drop-off collection point means a building or place—

(a) that is used in connection with the container deposit scheme, and

(b) that consists of a collection point at which beverage containers are counted, and refund amounts issued, by staff, and

(c) that contains a structure or facility for the storage of beverage containers, and

(d) that may contain a machine or other device for the counting and sorting, or counting, sorting and verification, of beverage containers.

encased automatic machine means a structure—

(a) that is used in connection with the container deposit scheme, and

(b) that contains a reverse vending machine, and

(c) that contains a machine or other device, located within or attached to the reverse vending machine, that is designed to count and sort beverage containers.

large reverse vending machine means a reverse vending machine—

(a) that is used in connection with the container deposit scheme, and

(b) that has a floor area of more than 50m2 or is more than 3m in height, 10m in width or 5m in depth.

manual collection point means a building or place—

(a) that is used in connection with the container deposit scheme, and

(b) that consists of a collection point at which beverage containers are manually counted, and refund amounts issued, by staff, and

(c) that may include a drive-through area enabling a person to drive a vehicle into the collection point for the purpose of exchanging beverage containers contained in the vehicle for the issue of a refund amount.

outdoor express centre means a structure—

(a) that is used in connection with the container deposit scheme, and

(b) that consists of a collection point at which beverage containers are counted, and refund amounts issued, by staff, and

(c) that may be constructed from a shipping container adapted for use as a collection point, and

(d) that contains a structure or facility for the storage of beverage containers, and

(e) that may contain or be attached to an encased automatic machine, and

(f) that does not include a drive-through area.

cl 5B.1: Ins 2017 (359), Sch 1 [11].

Part 6 Subdivisions Code

Part 6 Subdivisions Code

Note.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 6: Ins 2010 (135), Sch 1 [22]. Subst 2018 (132), Sch 1 [20].

pt 6, notes: Am 2017 (270), Sch 1 [34]. Subst 2018 (132), Sch 1 [20].

6 Specified development

6.1 Specified development

(1) The strata subdivision of a building for which development consent or a complying development certificate was granted or issued is, for 5 years from the date the consent or certificate was granted or issued, development specified for this code.

(2) The strata subdivision of a dual occupancy, manor house or multi dwelling housing (terraces), for which a complying development certificate has been issued under the Low Rise Housing Diversity Code, is development specified for this code.

(3) If a single complying development certificate application proposes both the strata subdivision of land and the erection of a dual occupancy, manor house or multi dwelling housing (terraces) on the land, the subdivision of that land is development specified for this code.

(4) This clause does not include the strata subdivision of the following—

(a) a secondary dwelling,

(b) a boarding house,

(c) a group home,

(d) a dual occupancy (except as provided by subclause (2) or (3)).

cl 6.1: Ins 2010 (135), Sch 1 [22]. Am 2013 (706), Sch 1 [178]. Subst 2017 (270), Sch 1 [50]; 2018 (132), Sch 1 [20]. Am 2020 (331), Sch 1[1]; 2021 (16), Sch 1[97].

Part 7 Demolition Code

Part 7 Demolition Code

Note.

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 7: Ins 2010 (656), Sch 1 [138].

pt 7, notes: Am 2017 (270), Sch 1 [34].

7 Specified development

7.1 Specified development

(1) The demolition or removal of the following development, is development specified for this code—

(a) a dwelling house,

(a1) a secondary dwelling,

(b) ancillary development under Part 2, 3A, 4, 5 or 5A,

(b1) a swimming pool,

(c) an industrial building,

(d) a building that would be complying development under the Industrial and Business Alterations Code and the Industrial and Business Buildings Code if it were being constructed,

(e) attached development or detached development.

(2) If development specified under subclause (1) is within a heritage conservation area or a draft heritage conservation area, the development may only relate to—

(a) an outbuilding that may be constructed under clause 3.22, 3A.36 or 3C.25, or

(b) an alteration under clause 4.1, or

(c) an external alteration that may be constructed under clause 4.3(b) or (c), or

(d) an attic conversion that may be constructed under clause 4.5, or

(e) a swimming pool.

(3) This part does not extend to demolition carried out as part of complying development under Part 3 or 4.

cl 7.1: Ins 2010 (656), Sch 1 [138]. Am 2011 (99), Sch 1 [36]; 2013 (706), Sch 1 [179]; 2017 (269), Sch 1 [15]; 2017 (270), Sch 1 [51]; 2018 (190), Sch 1 [7]; 2021 (16), Sch 1[97] [120]; 2021 (777), Sch 1[20]; 2024 (609), Sch 1[96] [97].

Part 8 Fire Safety Code

Part 8 Fire Safety Code

pt 8: Ins 2013 (706), Sch 1 [181].

8 Definitions

8.1 Definitions

In this code—

alteration to a hydraulic fire safety system has the same meaning as in clause 165 of the Environmental Planning and Assessment Regulation 2000.

fire alarm communication link work has the same meaning as in clause 3 of the Environmental Planning and Assessment Regulation 2000.

hydraulic fire safety system has the same meaning as in clause 165 of the Environmental Planning and Assessment Regulation 2000.

private service provider has the same meaning as in clause 3 of the Environmental Planning and Assessment Regulation 2000.

cl 8.1: Ins 2013 (706), Sch 1 [181].

pt.8-div.2-sdiv.1 General development standards

Subdivision 1 General development standards

pt.8-div.2-sdiv.2 Water storage tanks

Subdivision 2 Water storage tanks

pt.8-div.2-sdiv.3 Fixed on-site fire pump sets and associated external pump houses or enclosures

Subdivision 3 Fixed on-site fire pump sets and associated external pump houses or enclosures

pt.8-div.2-sdiv.4 Fire mains, pipes and booster connections

Subdivision 4 Fire mains, pipes and booster connections

pt.8-div.2-sdiv.5 Fire alarm communication link works

Subdivision 5 Fire alarm communication link works

Part 9 Agritourism and Farm Stay Accommodation Code

Part 9 Agritourism and Farm Stay Accommodation Code

pt 9: Ins 2022 (593), Sch 1[13].

9 Definition

9.1 Definition

In this Part—

footprint means the area of the ground surface occupied by a building, including the walls, verandahs, balconies, footings, and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, excluding the area of access ramps, eaves and sunshade devices.

neighbouring land means—

(a) adjacent land outside the landholding, or

(b) land outside the landholding that is separated from the landholding by a road.

cl 9.1: Ins 2022 (593), Sch 1[13].

Schedule 1

Schedule 1 (Repealed)

sch 1: Am 2009 (74), Sch 1 [37]. Rep 2010 (656), Sch 1 [139].

Schedule 2 Exempt development codes—variations

Schedule 2 Exempt development codes—variations

(Clause 1.12(1))

| Column 1 | Column 2 | | Land to which variation applies | Variation | | State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Randwick Exempt Development Land Map (SEPP_ECD_6550_LED_001_20101022) | The General Exempt Development Code is varied in its application by omitting Subdivisions 3A, 4, 6, 8A, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 21A, 21B, 24, 28, 29, 30, 32, 33, 35, 40 and 41 | | Part of Lot 121, DP 876962 and part of Lot 101, DP 1043160, 5 Viscount Place, Warwick Farm, as shown coloured light purple on the Liverpool Local Environmental Plan 2008 Key Sites Map | The General Exempt Development Code is varied in its application by omitting Subdivision 10A | | Land at Penrith, being Lot 1021, DP 812335, 63 Mulgoa Road; Lot 1, DP 1043008, 73 Mulgoa Road; Lots 151 and 152, DP 863625, 83 and 109 Mulgoa Road; Lot 12 and part of Lot 13, DP 710086, 123–135 Mulgoa Road; Lot 1, DP 1064526, 1 Retreat Road | The General Exempt Development Code is varied in its application by omitting Subdivision 10A | | Shoalhaven Local Environmental Plan (Jerberra Estate) 2014 Land Application Map (6950_PCT_LAP_001_040_20140116) | The General Exempt Development Code is varied in its application by omitting Subdivisions 3A, 4, 6, 7, 9, 10, 14, 15, 18, 21, 32, 33, 38 and 39B | | Land in Zone RU2 under Bathurst Regional Local Environmental Plan 2014 | The General Exempt Development Code is varied in its application by omitting Subdivisions 16C, 16D, 16E and 33AA | | Sydney Local Environmental Plan 2012 Land Application Map | The General Exempt Development Code is varied in its application by omitting clause 2.46C(2)(b) and inserting the following instead—(b) in Zone B4—(i) for business premises, kiosks and shops, other than licensed premises—6am–10pm, but only if trade occurs indoors, or(ii) otherwise—6am–7pm, | | All of the land in the local government area of Randwick | The General Exempt Development Code is varied in its application by omitting clause 2.46C(2)(a) and inserting the following instead—(a) in Zones E1 and E2—(i) for business premises, kiosks and shops—6am–11pm,(ii) for all other premises—6am–10pm,(aa) in Zone E3, B1, B2, B3, B5, B6, B7, B8, IN4, SP1, SP2, SP3, SP5 or W4—6am–10pm, |

sch 2: Subst 2010 (639), Sch 1 [3]. Am 2013 (316), Sch 2 [3]; 2013 (318), Sch 2 [1]; 2014 (51), Sch 6; 2022 (768), Sch 1[55]; 2022 (771), Sch 2; 2023 (461), Sch 2.

Schedule 3 Complying development codes—variations

Schedule 3 Complying development codes—variations

(Clause 1.12(2))

sch 3: Subst 2010 (639), Sch 1 [3]; 2011 (99), Sch 1 [38]. Am 2011 (600), Sch 1 [6]; 2012 (30), Sch 2; 2013 (316), Sch 2 [4]; 2013 (318), Sch 2 [2]; 2013 (706), Sch 1 [182]; 2015 (140), cl 1.8B; 2017 (269), Sch 1 [2]; 2017 (270), Sch 1 [52]; 2017 (350), Sch 1.4 [1]–[8]; 2018 (506), Sch 2; 2018 (569), Sch 1 [14]–[20]; 2020 (331), Sch 1[1]; 2021 (366), Sch 1[4]; 2021 (777), Sch 1[22] [23]; 2022 (72), Sch 1.52[16]–[18]; 2022 (741), Sch 1[2] [3]; 2022 (768), Sch 1[56] [57]; 2022 (840), Sch 1[1]–[4]; 2023 (555), Sch 1; 2023 (696), Sch 2; 2024 (294), Sch 1; 2024 (609), Sch 1[104]; 2025 (237), Sch 2[1].

Schedule 4 Land excluded from the General Exempt Development Code

Schedule 4 Land excluded from the General Exempt Development Code

(Clause 1.16(1)(d))

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Botany Bay Exempt Development Land Map (SEPP_ECD_1100_LED_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Botany Bay Exempt Development Land Map (SEPP_ECD_1100_LED_002_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Botany Bay Exempt Development Land Map (SEPP_ECD_1100_LED_003_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Botany Bay Exempt Development Land Map (SEPP_ECD_1100_LED_004_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Exempt Development Land Map (SEPP_ECD_8550_LED_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Exempt Development Land Map (SEPP_ECD_8550_LED_002_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Exempt Development Land Map (SEPP_ECD_8550_LED_003_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Exempt Development Land Map (SEPP_ECD_8550_LED_004_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Exempt Development Land Map (SEPP_ECD_8550_LED_005_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Exempt Development Land Map (SEPP_ECD_8550_LED_006_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Exempt Development Land Map (SEPP_ECD_8550_LED_007_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Exempt Development Land Map (SEPP_ECD_8550_LED_008_20101022)

sch 4: Ins 2010 (639), Sch 1 [3]. Am 2017 (270), Sch 1 [53].

Schedule 5 Land excluded from the Housing Code, Inland Code or Low Rise Housing Diversity Code

Schedule 5 Land excluded from the Housing Code, Inland Code or Low Rise Housing Diversity Code

clause 1.19(2)

sch 5, hdg: Am 2018 (190), Sch 1 [9]; 2018 No 68, Sch 2.33; 2020 (331), Sch 1[74].

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Ballina Complying Development Land Map (SEPP_ECD_0250_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Ballina Complying Development Land Map (SEPP_ECD_0250_LCD_002_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Botany Bay Complying Development Land Map (SEPP_ECD_1100_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Botany Bay Complying Development Land Map (SEPP_ECD_1100_LCD_002_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Botany Bay Complying Development Land Map (SEPP_ECD_1100_LCD_003_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Botany Bay Complying Development Land Map (SEPP_ECD_1100_LCD_004_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Clarence Valley Complying Development Land Map (SEPP_ECD_1730_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Holroyd Complying Development Land Map (SEPP_ECD_3950_LCD_001_20131016)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Kiama Complying Development Land Map (SEPP_ECD_4400_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Lake Macquarie City Council Complying Development Land Map(SEPP_ECD_4650_LCD_001_20120626)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Marrickville Complying Development Land Map (SEPP_ECD_5200_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Marrickville Complying Development Land Map (SEPP_ECD_5200_LCD_002_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Marrickville Complying Development Land Map (SEPP_ECD_5200_LCD_003_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Marrickville Complying Development Land Map (SEPP_ECD_5200_LCD_004_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Mosman Complying Development Land Map (SEPP_ECD_5350_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Mosman Complying Development Land Map (SEPP_ECD_5350_LCD_002_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Mosman Complying Development Land Map (SEPP_ECD_5350_LCD_003_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Mosman Complying Development Land Map (SEPP_ECD_5350_LCD_004_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Nambucca Complying Development Land Map (SEPP_ECD_5700_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Pittwater Complying Development Land Map (SEPP_ECD_6370_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Pittwater Complying Development Land Map (SEPP_ECD_6370_LCD_002_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Pittwater Complying Development Land Map (SEPP_ECD_6370_LCD_003_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Pittwater Complying Development Land Map (SEPP_ECD_6370_LCD_004_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Queanbeyan Complying Development Land Map (SEPP_ECD_1520_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Randwick Complying Development Land Map (SEPP_ECD_6550_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Tweed Complying Development Land Map (SEPP_ECD_7550_LCD_001_20171101)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wingecarribee Complying Development Land Map (SEPP_ECD_8350_LCD_001_20110211)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wingecarribee Complying Development Land Map (SEPP_ECD_8350_LCD_002_20110211)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Complying Development Land Map (SEPP_ECD_8550_LCD_001_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Complying Development Land Map (SEPP_ECD_8550_LCD_002_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Complying Development Land Map (SEPP_ECD_8550_LCD_003_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Complying Development Land Map (SEPP_ECD_8550_LCD_004_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Complying Development Land Map (SEPP_ECD_8550_LCD_005_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Complying Development Land Map (SEPP_ECD_8550_LCD_006_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Complying Development Land Map (SEPP_ECD_8550_LCD_007_20101022)

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Wyong Complying Development Land Map (SEPP_ECD_8550_LCD_008_20101022)

sch 5: Ins 2010 (639), Sch 1 [3]. Am 2011 (99), Sch 1 [39]; 2012 (349), cl 3; 2013 (706), Sch 1 [183]; 2017 (269), Sch 1 [2]; 2017 (753), cl 5; 2020 (544), cl 5; 2021 (224), cl 4(2) (3); 2022 (439), Sch 1; 2024 (609), Sch 1[105].

Schedule 6 Conditions applying to complying development certificates under certain complying development codes

Schedule 6 Conditions applying to complying development certificates under certain complying development codes

(Clauses 3.34, 3A.39, 3C.37 and 3D.65)

sch 6, hdg: Am 2018 (569), Sch 1 [21].

Note 1.

Complying development under the Housing Code, the Rural Housing Code, the Greenfield Housing Code and the Inland Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.

Note 2.

Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.

Note 3.

In addition to the requirements specified for development under this Policy, adjoining owners’ property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.

Note 4.

If the development is in the proximity of infrastructure (including water, stormwater or sewer mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development.

Note 5.

Under section 4.29 of the Environmental Planning and Assessment Act 1979, a complying development certificate lapses 5 years after the date endorsed on the certificate, unless the development has physically commenced on the land during that period.

sch 6: Ins 2013 (706), Sch 1 [184]. Am 2017 (269), Sch 1 [2]; 2017 (270), Sch 1 [54]–[56]; 2018 (68), Sch 2 [1]; 2018 (190), Sch 1 [10] [11]; 2018 (569), Sch 1 [21]; 2021 (16), Sch 1[122]–[124]; 2023 (458), Sch 3.1[6]; 2024 (609), Sch 1[106]; 2024 (659), Sch 1[2].

10 Earthworks, retaining walls and structural support

10 Earthworks, retaining walls and structural support

(1) Any earthworks (including any structural support or other related structure for the purposes of the development)—

(a) must not cause a danger to life or property or damage to any adjoining building or structure on the lot or to any building or structure on any adjoining lot, and

(b) must not redirect the flow of any surface or ground water or cause sediment to be transported onto an adjoining property, and

(c) that is fill brought to the site—must contain only virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997, and

(d) that is excavated soil to be removed from the site—must be disposed of in accordance with any requirements under the Protection of the Environment Operations (Waste) Regulation 2005.

(2) Any excavation must be carried out in accordance with Excavation Work: Code of Practice (ISBN 978-0-642-785442), published in July 2012 by Safe Work Australia.

11 Drainage connections

11 Drainage connections

(1) If the work is the erection of, or an alteration or addition to, a dwelling house, the roof stormwater drainage system must be installed and connected to the drainage system before the roof is installed.

(2) Any approval that is required for connection to the drainage system under the Local Government Act 1993 must be held before the connection is carried out.

11A Swimming pool safety

11A Swimming pool safety

If the work involves the construction of a swimming pool, a child-resistant barrier that complies with the requirements of the Building Code of Australia and AS 1926.1—2012, Swimming pool safety, Part 1: Safety barriers for swimming pools must be erected around that work during the construction.

11B Contamination discovered during works

11B Contamination discovered during works

(1) If during works on the land comprising the lot, the land is found to be contaminated, within the meaning of the Contaminated Land Management Act 1997—

(a) all works must stop immediately, and

(b) the Environment Protection Authority and the council must be notified of the contamination.

(2) Land is found to be contaminated for the purposes of this clause if the person having the benefit of the complying development certificate or the principal certifying authority knows or should reasonably suspect the land is contaminated.

Note—

Depending on the nature and level of the contamination, remediation of the land may be required before further work can continue.

12 Archaeology discovered during works

12 Archaeology discovered during works

If any object having interest due to its age or association with the past is uncovered during the course of the work—

(a) all work must stop immediately in that area, and

(b) the Office of Environment and Heritage must be advised of the discovery.

Note.

Depending on the significance of the object uncovered, an archaeological assessment and excavation permit under the Heritage Act 1977 may be required before further the work can continue.

13 Aboriginal objects discovered during works

13 Aboriginal objects discovered during works

If an Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work—

(a) all excavation or disturbance of the area must stop immediately, and

(b) the person making the discovery must advise the Chief Executive (within the meaning of the National Parks and Wildlife Act 1974) of the discovery in accordance with section 89A of that Act.

Note.

If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.

14 Vehicular access

14 Vehicular access

If the work involves the construction of a vehicular access point, the access point must be completed before the occupation certificate for the work on the site is obtained.

15 Utility services

15 Utility services

If the work requires alteration to, or the relocation of, utility services on, or adjacent to, the lot on which the work is carried out, the work is not complete until all such works are carried out.

Schedule 6A Conditions applying to complying development certificates under the Low Rise Housing Diversity Code

Schedule 6A Conditions applying to complying development certificates under the Low Rise Housing Diversity Code

(Clause 3B.62)

sch 6A, hdg: Ins 2018 (132), Sch 1 [21]. Am 2020 (331), Sch 1[1].

Note 1.

Complying development under the Low Rise Housing Diversity Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.

Note 2.

Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.

Note 3.

In addition to the requirements specified for development under this Policy, adjoining owners’ property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.

Note 4.

If the development is in the proximity of infrastructure (including water, stormwater or sewer mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development. Information in relation to underground assets can be obtained at www.1100.com.au or by phoning 1100.

Note 5.

Under section 86A of the Act, a complying development certificate lapses 5 years after the date endorsed on the certificate, unless the development has physically commenced on the land during that period.

Note 6.

Street numbering and letter box facilities should be provided in accordance with Australia Post guidelines and to the satisfaction of the council.

sch 6A: Ins 2018 (132), Sch 1 [21]. Am 2020 (331), Sch 1[1] [75]–[77]; 2021 (16), Sch 1[125]–[128]; 2024 (609), Sch 1[106]; 2024 (659), Sch 1[2].

16 Earthworks, retaining walls and structural support

16 Earthworks, retaining walls and structural support

(1) Any earthworks (including any structural support or other related structure for the purposes of the development)—

(a) must not cause a danger to life or property or damage to any adjoining building or structure on the lot or to any building or structure on any adjoining lot, and

(b) must not redirect the flow of any surface or ground water or cause sediment to be transported onto an adjoining property, and

(c) that is fill brought to the site—must contain only virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997, and

(d) that is excavated soil to be removed from the site—must be disposed of in accordance with any requirements under the Protection of the Environment Operations (Waste) Regulation 2014.

(2) Any excavation must be carried out in accordance with Excavation Work: Code of Practice (ISBN 978-0-642-78544-2), published in July 2012 by Safe Work Australia.

17 Drainage connections

17 Drainage connections

(1) If the work is the erection of, or an alteration or addition to, any dual occupancy, manor house or multi dwelling housing (terraces), the roof stormwater drainage system must be installed and connected to the drainage system before the roof is installed.

(2) Any approval that is required for connection to the drainage system under the Local Government Act 1993 must be held before the connection is carried out.

18 Swimming pool safety

18 Swimming pool safety

If the work involves the construction of a swimming pool, a child-resistant barrier that complies with the requirements of the Building Code of Australia and AS 1926.1—2012, Swimming pool safety, Part 1: Safety barriers for swimming pools must be erected around that work during the construction.

19 Contamination discovered during works

19 Contamination discovered during works

(1) If during works on the land comprising the lot, the land is found to be contaminated (within the meaning of the Contaminated Land Management Act 1997)—

(a) all works must stop immediately, and

(b) the Environment Protection Authority and the council must be notified of the contamination.

(2) Land is found to be contaminated for the purposes of this clause if the person having the benefit of the complying development certificate or the principal certifying authority knows or should reasonably suspect that the land is contaminated.

Note.

Depending on the nature and level of the contamination, remediation of the land may be required before further work can continue.

20 Archaeology discovered during works

20 Archaeology discovered during works

If any object having interest due to its age or association with the past is uncovered during the course of the work—

(a) all work must stop immediately in that area, and

(b) the Office of Environment and Heritage must be advised of the discovery.

Note.

Depending on the significance of the object uncovered, an archaeological assessment and excavation permit under the Heritage Act 1977 may be required before further work can continue.

21 Aboriginal objects discovered during works

21 Aboriginal objects discovered during works

If an Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work—

(a) all excavation or disturbance of the area must stop immediately, and

(b) the person making the discovery must advise the Chief Executive (within the meaning of the National Parks and Wildlife Act 1974) of the discovery in accordance with section 89A of that Act.

Note.

If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.

22 Vehicular access

22 Vehicular access

If the work involves the construction of a vehicular access point, the access point must be completed before the occupation certificate for the work on the site is obtained.

23 Utility services

23 Utility services

If the work requires alteration to, or the relocation of, utility services on, or adjacent to, the lot on which the work is carried out, the work is not complete until all such works are carried out.

24 On-site stormwater detention system

24 On-site stormwater detention system

(1) If an on-site stormwater detention system is installed on the lot in relation to the development, the following must be registered before the occupation certificate for the work on the site is obtained—

(a) a public positive covenant enforceable by the council requiring the owner of the land to maintain and repair the system,

(b) a restriction as to user in favour of the council that is worded to the satisfaction of the council.

(2) A certificate issued by an engineer that certifies that the on-site stormwater detention system has been constructed in accordance with the approval of the council must be given to the principal certifying authority before the occupation certificate for the work on the site is obtained.

25 Evidence of certain matters

25 Evidence of certain matters

(1) Sufficient evidence must be provided to the principal certifying authority before the occupation certificate for the work on the site is obtained to reasonably satisfy the principal certifying authority that each new dwelling will be adequately serviced with water, sewerage, electricity, natural gas (where available) and telecommunications.

(2) The following must be provided to the principal certifying authority before the occupation certificate for the work on the site is obtained—

(a) a survey certificate prepared by a registered surveyor that certifies the location of any new buildings, or additions to existing buildings, in relation to the boundaries of the lot,

(b) if the development has resulted in the installation of a mechanical ventilation system—a certificate from a mechanical ventilation engineer that states that the system complies with the approved plans and specifications,

(c) if the council has design guidelines or constructions specifications for works to which the complying development certificate relates and those guidelines or specifications address the submission of compliance documentation to the council—that compliance documentation.

26 Easement in gross over rear lane

26 Easement in gross over rear lane

If the development results in the creation of a rear access lane, an easement in gross for public access in favour of the council must be created over the lane before the occupation certificate for the work on the site is obtained.

27 Adaptable housing notification

27 Adaptable housing notification

(1) If a dwelling has been constructed in a manner that permits it to be adapted for persons with a disability, a permanent notice should be attached in a visible location near the electricity meter that informs future occupants of this.

(2) Without limiting subclause (1), if the Secretary of the Department of Planning and Environment approves the form of a notice for the purposes of this clause, a notice in that form is taken to satisfy subclause (1).

28 Trees

28 Trees

(1) At least 1 tree (that will have a mature height of at least 8m) is to be in each rear yard for each dwelling house, dual occupancy or terrace on the site before the occupation certificate for the work on the site is obtained.

(2) At least 1 tree (that will have a mature height of at least 5m) is to be in the setback from the primary road for each dwelling house, dual occupancy or terrace on the site before the occupation certificate for the work on the site is obtained but only if that setback is more than 3m.

(2A) One tree (that will have a mature height of at least 8m) is to be in the rear yard for each manor house on the site before the occupation certificate for the work on the site is obtained.

(2B) One tree (that will have a mature height of at least 5m) is to be in the setback from the primary road for each manor house on the site before the occupation certificate for the work on the site is obtained but only if that setback is more than 3m.

(3) In this clause—

terrace means a single dwelling in multi dwelling housing (terraces).

29 Notification to council

29 Notification to council

The person having the benefit of a complying development certificate must, as soon as practicable after obtaining an occupation certificate from a principal certifying authority (other than the council), notify the council of issuing of the certificate.

Schedule 6B Conditions applying to complying development certificates under the Subdivisions Code

Schedule 6B Conditions applying to complying development certificates under the Subdivisions Code

(Clause 6.6)

Note 1.

Complying development under the Subdivisions Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.

Note 2.

Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.

sch 6B: Ins 2018 (132), Sch 1 [21]. Am 2020 (331), Sch 1[78] [79].

Schedule 7 Conditions applying to complying development certificates under Housing Alterations Code and General Development Code

Schedule 7 Conditions applying to complying development certificates under Housing Alterations Code and General Development Code

(Clauses 4.7 and 4A.13)

Note 1.

Complying development under the Housing Alterations Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.

Note 2.

Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.

Note 3.

In addition to the requirements specified for development under this Policy, adjoining owners’ property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.

Note 4.

If the development is in the proximity of infrastructure (including water, stormwater or sewer mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development.

Note 5.

Under section 4.29 of the Environmental Planning and Assessment Act 1979, a complying development certificate lapses 5 years after the date endorsed on the certificate, unless the development has physically commenced on the land during that period.

sch 7: Ins 2013 (706), Sch 1 [184]. Am 2018 (68), Sch 2 [1].

Schedule 8 Conditions applying to complying development certificates under the Industrial and Business Alterations Code, the Industrial and Business Buildings Code and the Container Recycling Facilities Code

Schedule 8 Conditions applying to complying development certificates under the Industrial and Business Alterations Code, the Industrial and Business Buildings Code and the Container Recycling Facilities Code

clauses 5.25 and 5A.5(a)

sch 8, hdg: Subst 2017 (359), Sch 1 [12].

Note 1.

Complying development under the Industrial and Business Alterations Code, the Industrial and Business Buildings Code and the Container Recycling Facilities Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.

Note 2.

Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.

Note 3.

In addition to the requirements specified for development under this Policy, adjoining owners’ property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.

Note 4.

If the development is in the proximity of infrastructure (including water, stormwater or sewer mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development.

Note 5.

Under section 4.29 of the Environmental Planning and Assessment Act 1979, a complying development certificate lapses 5 years after the date endorsed on the certificate, unless the development has physically commenced on the land during that period.

sch 8: Ins 2013 (706), Sch 1 [184]. Am 2014 (453), Sch 1 [12]; 2017 (270), Sch 1 [57] [58]; 2017 (359), Sch 1 [13]; 2018 (68), Sch 2 [1]; 2018 (488), Sch 2.1 [7]; 2021 (16), Sch 1[129]–[132]; 2021 (777), Sch 1[24]–[29]; 2022 (528), Sch 1[5]; 2022 (768), Sch 1[58] [59]; 2023 (458), Sch 3.1[6].

12A Contamination discovered during works

12A Contamination discovered during works

(1) If during works on the land comprising the lot, the land is found to be contaminated, within the meaning of the Contaminated Land Management Act 1997—

(a) all works must stop immediately, and

(b) the Environment Protection Authority and the council must be notified of the contamination.

(2) Land is found to be contaminated for the purposes of this clause if the person having the benefit of the complying development certificate or the principal certifying authority knows or should reasonably suspect the land is contaminated.

Note—

Depending on the nature and level of the contamination, remediation of the land may be required before further work can continue.

24A Loading and unloading of goods or materials

24A Loading and unloading of goods or materials

(1) Loading and unloading goods or materials must not be carried out on a public road.

(2) This condition does not apply to a complying development certificate for development involving a building with a gross floor area less than 500m2 in Zone E1, E2, MU1, B1, B2, B3, B4, B8 or SP5 that existed before 1 February 2022.

24B

24B (Repealed)

Schedule 9 Conditions applying to complying development certificates under the Demolition Code

Schedule 9 Conditions applying to complying development certificates under the Demolition Code

(Clause 7.3)

Note 1.

Complying development under the Demolition Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.

Note 2.

Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.

Note 3.

In addition to the requirements specified for development to be complying development under this Policy, adjoining owners’ property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.

Note 4.

If the development is in the proximity of infrastructure (including water, stormwater or sewer mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development.

Note 5.

Under section 4.29 of the Environmental Planning and Assessment Act 1979 a complying development certificate lapses 5 years after the date endorsed on the certificate, unless the development has physically commenced on the land during that period.

sch 9: Ins 2013 (706), Sch 1 [184]. Am 2017 (270), Sch 1 [59] [60]; 2018 (68), Sch 2 [1]; 2021 (16), Sch 1[133] [134].

9A Fill on work site

9A Fill on work site

Fill brought to the work site must contain only virgin excavated natural material as defined in Schedule 1, Part 3 of the Protection of the Environment Operations Act 1997.

9B Contamination discovered during works

9B Contamination discovered during works

(1) If during works on the land comprising the lot, the land is found to be contaminated, within the meaning of the Contaminated Land Management Act 1997—

(a) all works must stop immediately, and

(b) the Environment Protection Authority and the council must be notified of the contamination.

(2) Land is found to be contaminated for the purposes of this clause if the person having the benefit of the complying development certificate or the principal certifying authority knows or should reasonably suspect the land is contaminated.

Note—

Depending on the nature and level of the contamination, remediation of the land may be required before further work can continue.

Schedule 10 Conditions applying to complying development certificates under the Fire Safety Code

Schedule 10 Conditions applying to complying development certificates under the Fire Safety Code

(Clause 8.8)

Note 1.

Complying development under the Fire Safety Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.

Note 2.

Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.

Note 3.

In addition to the requirements specified for development under this Policy, adjoining owners’ property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.

Note 4.

If the development is in the proximity of infrastructure (including water, stormwater or sewer mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development.

Note 5.

Under section 4.29 of the Environmental Planning and Assessment Act 1979 a complying development certificate lapses 5 years after the date endorsed on the certificate, unless the development has physically commenced on the land during that period.

sch 10: Ins 2013 (706), Sch 1 [184]. Am 2018 (68), Sch 2 [1]; 2021 (16), Sch 1[135]: 2023 (458), Sch 3.1[6].

Schedule 11 Conditions applying to complying development certificates under the Agritourism and Farm Stay Accommodation Code

Schedule 11 Conditions applying to complying development certificates under the Agritourism and Farm Stay Accommodation Code

Note 1—

Complying development under the Agritourism and Farm Stay Accommodation Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2021 and the conditions listed in this Schedule.

Note 2—

The Environmental Planning and Assessment Regulation 2021, Part 6, Division 5 specifies conditions to which certain complying development certificates are subject.

Note 3—

In addition to the requirements specified for development under this Policy, adjoining owners’ property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.

Note 4—

If the development is in the proximity of infrastructure, including water, stormwater or sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

Note 5—

Under the Act, section 4.29, a complying development certificate lapses 5 years after the date specified on the certificate, unless the development has physically commenced on the land during the period.

sch 11: Ins 2022 (593), Sch 1[14]. Am 2023 (458), Sch 3.1[2] [3] [6]; 2023 No 35, Sch 4.39; 2024 (609), Sch 1[107].

16A Evacuation diagrams

16A Evacuation diagrams

An evacuation diagram displaying the following must be located in a prominent position at or near the farm gate premises, farm experience premises or farm stay accommodation—

(a) directions to facilitate the safe evacuation of people from the site,

(b) contact details for emergency services, including for a bush fire, flood or other natural disaster.

30 Compliance with Short-term Rental Accommodation Fire Safety Standard

30 Compliance with Short-term Rental Accommodation Fire Safety Standard

A building used for the purposes of farm stay accommodation must comply with the relevant requirements of the Short-term Rental Accommodation Fire Safety Standard approved by the Planning Secretary and published on the Department’s website, as in force from time to time.

31 Number of guests

31 Number of guests

The number of guests, not including guests under 12 years of age, accommodated in a building used for the purposes of farm stay accommodation at any one time must not be more than—

(i) if the building has no bedrooms—2, or

(ii) otherwise—2 times the number of bedrooms.

32 Length of stay

32 Length of stay

Each guest must not stay at the accommodation for more than 21 consecutive days.