45Definitions

#### 45 Definitions 45 Definitions > In this Part— > > comparable accommodation means accommodation comparable with accommodation provided within an existing low-rental residential building the subject of a development application to which this Part applies (Part 3 accommodation) because— > > > (a) it is in the same or a neighbouring suburb, and > > > (b) it is let at the same rental level as, or not more than 5% higher than the rental level of, the Part 3 accommodation, and > > > (c) it is available for occupation on the day the development application is lodged, and > > > (d) for residential flat buildings—it comprises dwellings with the same number of bedrooms as the dwellings in the Part 3 accommodation. > > low-rental dwelling means a dwelling that was let at a rental level no greater than the median rental level during the relevant period in relation to a dwelling— > > > (a) of the same type, and > > > (b) with the same number of bedrooms, and > > > (c) in the same local government area. > > low-rental residential building means a building used, during the relevant period, as a residential flat building containing a low-rental dwelling or as a boarding house, and includes a building that— > > > (a) is lawfully used as a residential flat building containing a low-rental dwelling or as a boarding house, irrespective of the purpose for which the building may have been erected, or > > > (b) was used as a residential flat building containing a low-rental dwelling or as a boarding house, but the use has been changed unlawfully to another use, or > > > (c) is vacant, but the last significant use of which was as a residential flat building containing a low-rental dwelling or as a boarding house. > > median rental level, for a relevant period, means the average of all the median rental levels specified for the relevant period in the Rent and Sales Report. > > relevant period means the period commencing 5 years before the day on which the development application involving the building is lodged and ending on that day. > > Rent and Sales Report means the report comprised of rent tables and sales tables published by the Department of Communities and Justice in March, June, September and December each year. > > **s 45:** Am 2022 No 26, Sch 2.30; 2023 (664), Sch 1\[23\]–\[27\].