27Build-to-rent housing

27 Build-to-rent housing

27 Build-to-rent housing

(1) Development permitted under the Housing SEPP, Chapter 3, Part 4 if—

(a) the proposed development has an estimated development cost of—

(i) for development on land in the Eastern Harbour City, Central River City or Western Parkland City in the Six Cities Region—more than $50 million, or

Note—

The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.

(ii) for development on other land—more than $30 million, and

(b) the tenanted component of the proposed development has a value of at least 60% of the estimated development cost of the proposed development, and

(c) for development on land in Zone B3 Commercial Core or Zone E2 Commercial Centre—the proposed development does not involve development that is prohibited under an environmental planning instrument applying to the land, other than development for the purposes of multi dwelling housing, residential flat buildings or shop top housing, and

(d) for development on other land—the proposed development does not involve development that is prohibited under an environmental planning instrument applying to the land.

(2) Subsection (1) does not apply to development on land within the area of the City of Sydney.

(2A) Subsection (1)(d) does not apply to development on land for which a site compatibility certificate has been issued—

(i) under the Housing SEPP, section 39, or

(ii) State Environmental Planning Policy (Affordable Rental Housing) 2009, clause 37, as in force immediately before its repeal.

(2B) This section, as in force immediately before the commencement of State Environmental Planning Policy Amendment (Housing) 2024, continues to apply to a development application made, but not finally determined, before the commencement.

(3) In this section—

Housing SEPP means State Environmental Planning Policy (Housing) 2021.

tenanted component has the same meaning as in the Housing SEPP.