The Code allows a certifier with appropriate subdivision accreditation to approve the subdivision of a dual occupancy or multi dwelling housing (terraces and manor homes) that have been approved as Complying Development under the Code.
The Code allows for the Torrens title or strata subdivision of dual occupancies (side by side), either attached or detached, and terraces.
The Code also allows for the strata subdivision of manor houses and dual occupancies (one above the other). Subdivision is only permitted under the Code where Torrens title or strata subdivision is allowable under the Council’s LEP. The abovementioned summary guide can help navigate where subdivision is permissible.
If you need more information on subdividing, including the different types of subdivision, visit our 'Subdivision' page by clicking on the link on the top of the page or the link below.
The Design Guide has been prepared to:
The Code applies across all of NSW, in the R1, R2, R3 and RU5 zones, where dual occupancies, manor houses and multi-dwelling housing are permitted under a Council’s LEP. A dual occupancy, manor house or terraces may only be carried out if the development is permitted within the zone under the relevant council LEP.
Each new dual occupancy or terrace house must have a frontage to a public road. A Local Character Statement is not a mechanism to exclude local areas from the application of the Code.
There are exclusions for where complying development cannot be carried out under the Codes SEPP. For example, complying development cannot be carried out in:
There are also requirements for complying development on bushfire prone land and flood control lots under the Code. Land within the Sydney Drinking Water Catchment is also considered. Development under the Code and the Design Guide does not include development on battle-axe lots or the creation of new battle-axe lots.
The Design Guide is referenced in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). The Low-Rise Housing Diversity Code in Part 3B of the Codes SEPP contains the development standards for manor houses, multi dwelling housing (terraces) and dual occupancies. The Design Guide contains the Design Criteria that must be met in order to obtain a complying development certificate (CDC) under Part 3B of the Codes SEPP. The Environmental Planning and Assessment Regulation 2000 requires that a qualified designer, or a building designer accredited by the Building Designers Association of Australia, must:
You will be notified if you are the occupier of a dwelling that is located on a lot that has a boundary within 20 metres of the boundary of the lot on which the development is proposed to be carried out.
If you are located within a Greater Sydney Metropolitan council area or Wingecarribee Council (other than within a residential release area), you will be notified of the details of the development and what exactly is proposed to be built at least 14 days before the complying development certificate is issued.
If you are located within a Greater Sydney Metropolitan council area or Wingecarribee Council, you will also receive notification of the intended work commencement date at least 7 days before works are due to commence. However, if you are located outside the Greater Sydney metropolitan council area or within a residential release area, you will receive notification at least 2 days before works are due to commence.
The above notification requirements apply to work that involves a new building, or an addition to an existing building, or the demolition of a building.
(See clause 130AB of the Environmental Planning & Assessment Regulations for the definition of residential release area)
Are other recommendations of the Independent Review being implemented?
Several recommendations have been implemented such as: