State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 19 November 2014 to date (accessed 23 December 2014 at 04:44)
Part 4

Part 4 Housing Alterations Code

Note 1. Schedule 3 contains variations to this code.
Note 2. In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

Division 1 Specified development and development standards under this code

Subdivision 1 Internal alterations

4.1   Specified complying development

Internal alterations to existing residential accommodation, including alterations to common property or existing ancillary development that is associated with residential accommodation (but not including development that is the erection or conversion of a basement to existing residential accommodation), is development specified for this code.
Note. See the entry for minor building alterations (internal) in the General Exempt Development Code.

4.2   Development standards

The standards specified for that development are that the development:
(a)  must not result in a change of classification of the building under the Act or the Building Code of Australia, and
(b)  must not result in any additional separate dwelling, and
(c)  must not result in the creation of an additional floor within a dwelling.

Subdivision 2 External alterations to dwelling houses

4.3   Specified complying development

The following development is specified for this code:
(a)  if the development is on land that is not within a heritage conservation area or a draft heritage conservation area—external alterations to an existing dwelling house,
(b)  if the development is on land that is within a heritage conservation area or a draft heritage conservation area—external alterations to that part of the dwelling house that is a single storey,
(c)  external alterations to existing ancillary development that is associated with a dwelling house.

4.4   Development standards

(1)  The standards specified for that development are that the development:
(a)  must not result in a change of classification of the building under the Act or the Building Code of Australia, and
(b)  must not result in a change to the floor area of the dwelling house, and
(c)  must not result in a change to the footprint of the dwelling house, and
(d)  if it is a new window in an alteration or addition to an existing dwelling house—must comply with subclause (2), and
(e)  if it is located in a heritage conservation area or a draft heritage conservation area—must not be to a wall facing the primary road or any wall that connects to a wall facing the primary road.
(f)  (Repealed)
(2)  A new window in any alteration or addition to an existing dwelling house must have a privacy screen for any part of the window that is less than 1.5m above finished floor level if:
(a)  the window:
(i)  is in a habitable room that has a floor level of more than 1m above ground level (existing), and
(ii)  has a sill height of less than 1.5m above that floor level, and
(iii)  faces a side or rear boundary and is less than 3m from that boundary, or
(b)  the window:
(i)  is in a habitable room that has a floor level of more than 3m above ground level (existing), and
(ii)  has a sill height of less than 1.5m above that floor level, and
(iii)  faces a side or rear boundary and is at least 3m, but not more than 6m, from that boundary.
(3)  Subclause (2) does not apply to a window located in a bedroom where the window has an area of not more than 2m2.

Subdivision 2A External alterations to residential accommodation other than dwelling houses

4.4A   Specified complying development

External alterations to existing residential accommodation (other than a dwelling house) or existing ancillary development to residential accommodation (other than a dwelling house) is development specified for this code if the development is:
(a)  on land that is not within a heritage conservation area or a draft heritage conservation area, and
(b)  on land that is not identified as being within a flood control lot, and
(c)  not the erection of a new balcony, deck, patio, terrace or verandah.

4.4B   Development standards

(1)  The standards specified for that development are that the development:
(a)  must not result in a change of classification of the building under the Act or the Building Code of Australia, and
(b)  must not result in an increase to the gross floor area of the existing residential accommodation or ancillary development, and
(c)  must only use materials and finishes of a similar colour palette and substance to the existing building, and
(d)  must not affect any existing fire resisting components of the building, and
(e)  must not affect the means of egress from the building in an emergency, and
(f)  must comply with any height limits contained in an environmental planning instrument applying to the land or, if there are no such limits, the external works must not be higher than the uppermost habitable floor level, and
(g)  must be located at least 3m from any side or rear boundary, and
(h)  must be located behind the building line of any primary or secondary road frontage.
(2)  Subclause (1) (g) and (h) do not apply if the development is for the purpose of providing pedestrian access in the form of an access ramp or stair lift to the ground floor level, including any balustrade, handrail or other device relating to safety.
(3)  If the development is for the purposes of external works to an existing building, the development must only be to the first 3 storeys of the building, not including any basement or parking level, unless the development is for:
(a)  the installation of services and utilities, or
(b)  the alteration of existing services and utilities.
(4)  If the development is for the purpose of an alteration to an existing balcony, deck, patio, terrace or verandah, the development must not increase the floor area or the floor level above ground level (existing) of the development.

Subdivision 3 Attic conversions

4.5   Specified complying development

An attic conversion in respect of a dwelling house that existed at the commencement of this clause is development specified for this code.

4.6   Development standards

(1)  The standards specified for that development are that the development:
(a)  must be contained entirely within the roof space, and
(b)  must not result in a change in the roof pitch, and
(c)  must have one dormer window if the building is less than 6m wide or 2 dormer windows if the building is 6m wide or more, and
(d)  the flashing or waterproofing for a dormer window must not span the roof ridge, and
(e)  if it is constructed in a heritage conservation area or a draft heritage conservation area:
(i)  must not contain a dormer window or extend the roof in any way, and
(ii)  must only have windows that are flush with the existing roof plane, and
(iii)  must only have windows that are located in the existing rear roof plane, and
(iv)  must only have windows that do not exceed 1.5m2 in total.
(2)  A dormer window referred to in subclause (1):
(a)  must not have a width of more than 1.3m, and
(b)  must not exceed the height of the existing roof ridge height, and
(c)  must be set in at least 500mm from the edge of the roof, and
(d)  must be at least 200mm below the existing roof ridge height, and
(e)  facing to the rear of the building, must not have a total area of more than 4m2.

Subdivision 3A Development standards for particular land

4.6A   Development standards for bush fire prone land

(1)  This clause applies:
(a)  to development specified in Subdivision 2, 2A or 3 that is to be carried out on a lot that is wholly or partly bush fire prone land, and
(b)  in addition to all other development standards specified for this code.
(2)  The development may be carried out on the lot only if the development conforms to the specifications and requirements of the following documents that are relevant to the development:
(a)  Planning for Bush Fire Protection (ISBN 0 9751033 2 6), published by the NSW Rural Fire Service in December 2006,
(b)  Planning for Bush Fire Protection, Addendum: Appendix 3 (ISBN 0 9751033 2 6), published by NSW Rural Fire Service in 2010,
(c)  if another document is prescribed by the regulations for the purposes of section 79BA of the Environmental Planning and Assessment Act 1979—that document.
Note. The requirements of AS 3959—2009, Construction of buildings in bushfire-prone areas set out in the Building Code of Australia also apply.

Division 1A

(Repealed)

Division 2 Conditions applying to complying development certificates under this code

4.7   Conditions specified in Schedule 7 apply

A complying development certificate for development specified under this code must be issued subject to the conditions specified in Schedule 7.

4.8–4.11   (Repealed)

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