NSW Housing Code SEPP

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP) provides the basis for exempt and complying development, and allows for the approval of detached one and two storey dwellings on lots greater than 450 square metres, provided pre-set development standards are complied with.  Furthermore, alterations and additions to an existing dwelling on a lot greater than 450 square metres can also be approved under the Codes SEPP.

What the SEPP Covers

Part 2 of the Codes SEPP comprises the General Exempt Development Code. It specifies 41 types of development of minor environmental impact that may be carried out as exempt development without the need for approval under the NSW planning system.

Part 3 of the Codes SEPP contains the General Housing Code and specifies how residential development, including detached single and two storey dwelling houses, alterations and additions, and other ancillary development, such as swimming pools, can proceed in certain zones on lots 450 square metres and greater as complying development.

Commencement and Relationship with Existing LEPs and DCPs

The Codes SEPP has state-wide application and commenced on 27 February 2009. Consequently, from that date, the exempt development provisions (for the development types covered by the Codes SEPP) in Liverpool Local Environmental Plan 2008 will no longer apply.  Notwithstanding, if the same development type is specified as complying development in the General Housing Code and in Liverpool Council’s LEP 2008, applicants can, until 27 February 2010, choose to use either the provisions in the General Housing Code or Liverpool Council’s existing complying development provisions as the basis on which to prepare an application for a complying development certificate.

The relationship between the Codes SEPP and councils’ existing exempt and complying development provisions in its LEP are dealt with under Clause 1.9 of the Codes SEPP, and further information can be found on the Department of Planning and Environment website.

Lodgement of a Complying Development Certificate with Council under the General Housing Code

In the event you wish to lodge an application with Council for a Complying Development Certificate under the General Housing Code, you will need to specify this (by ticking the appropriate box), in Council’s ‘application for development’ form.  You will also need to complete Council’s checklist for development specified under the General Housing Code, and provide all required documentation as outlined in Council’s submission matrix.

Download a copy of the relevant form here.

Once you have completed the necessary paperwork, you can lodge your application for a Complying Development Certificate with Council, along with the appropriate fee. 

Further information

A copy of the Codes SEPP and further information on the General Housing Code is available at on the Department of Planning and Environment website.

For further information please email planningreform@planning.nsw.gov.au or call the Department of Planning’s Information Centre on 9228 6333.