72Development for the purposes of build-to-rent housing permitted with consent

#### 72 Development for the purposes of build-to-rent housing permitted with consent 72 Development for the purposes of build-to-rent housing permitted with consent > > (1) The objective of this section is to enable certain residential accommodation to be used as build-to-rent housing. > > > (2) This Part applies to development for the purposes of multi dwelling housing, residential flat buildings or shop top housing on land— > > > > > (a) in the following zones— > > > > > > > (i) a zone in which development for the purposes of residential flat buildings is permissible under another environmental planning instrument, > > > > > > > (ia) Zone E2 Commercial Centre, > > > > > > > (ib) Zone MU1 Mixed Use, > > > > > > > (ii) Zone B3 Commercial Core, > > > > > > > (iii) Zone B4 Mixed Use, > > > > > > > (iv) Zone B8 Metropolitan Centre, > > > > > > > (v) Zone SP5 Metropolitan Centre, or > > > > > (a1) in a Transport Oriented Development Area under Chapter 5 in which development for the purposes of residential flat buildings is permissible, or > > > > > (a2) on which development for the purposes of multi dwelling housing, residential flat buildings or shop top housing is permissible under Chapter 6, or > > > > > (b) for which a site compatibility certificate has been issued under section 39, or > > > > > (c) identified as “WestConnex Dive Site” on the [State Significant Development Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021), within the meaning of [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Chapter 2. > > > (3) Development consent may be granted for development to which this Part applies if— > > > > > (a) the development will result in at least 50 dwellings occupied, or intended to be occupied, by individuals under residential tenancy agreements, and > > > > > (b) all buildings containing the dwellings are located on the same lot of land. > > > (4) Part 7 does not apply to development permitted under this Part. > > **s 72:** Am 2022 (99), Sch 1\[7\]; 2022 (727), Sch 2\[6\] \[7\]; 2024 (135), Sch 1\[7\]; 2024 (334), Sch 1\[3\]; 2025 (81), Sch 1\[1\]; 2025 (171), Sch 1\[1\] \[2\].