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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 8 February 2019 to date (accessed 20 June 2019 at 03:05)
Part 3 Division 1
Division 1 Requirements for complying development under this code
3.1   Development that is complying development under this code
(1)  The following development is complying development under this code:
(a)  the erection of a new 1 or 2 storey dwelling house and any attached development,
(b)  the alteration of, or an addition to, a 1 or 2 storey dwelling house (including any addition that results in a 2 storey dwelling house) and any attached development,
(c)  the erection of detached development and the alteration of, or an addition to, any detached development.
(2)  For the purposes of calculating the number of storeys in a dwelling house under this code, any basement (including a garage) is to be counted as a storey.
Note 1.
 Although a basement is to be counted as a storey for the purposes of calculating the number of storeys in a dwelling house, a basement is a type of attached development for the purposes of complying development under this code.
Note 2.
 Storey is defined in the Standard Instrument as a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
 
(3) Lot requirements Complying development specified for this code may only be carried out on a lot that meets the following requirements:
(a)  the lot must be in Zone R1, R2, R3, R4 or RU5,
(b)  the area of the lot must not be less than 200m2,
(c)  the width of the lot must be at least 6m measured at the building line,
(d)  there must only be 1 dwelling house on the lot at the completion of the development,
(e)  the lot must have lawful access to a public road at the completion of the development,
(f)  if the development is on a battle-axe lot—the lot must be at least 12m by 12m (not including the access laneway) and must have an access laneway that is at least 3m wide,
(g)  if the development is on a corner lot—the width of the primary road boundary of the lot must be at least 6m.
(4)  A secondary dwelling with development consent or a complying development certificate is not a dwelling house for the purpose of subclause (3) (d).
(5) Erection of attached development and detached development Complying development specified for this code that is attached development or detached development may be carried out on a lot:
(a)  if a dwelling house exists on the lot—at any time, or
(b)  if there is a current development consent or complying development certificate for the construction of a dwelling house on the lot—before the construction of the dwelling house.
Note 1.
 Attached development, battle-axe lot, building line, detached development, development consent and dwelling house are defined in clause 1.5.
Note 2.
 Basement and secondary dwelling have the same meanings as they have in the Standard Instrument.
Note 3.
 Complying development certificate has the same meaning as it has in the Act.
Note 4.
 Clauses 1.17A, 1.18 and 1.19 (1) and Schedules 3 and 5 of this Policy contain additional requirements for complying development.
3.2   Development that is not complying development under this code
The following development is not complying development under this code:
(a)  the erection or alteration of, or an addition to, a roof terrace on the top most roof of a building,
(b)  development that is complying development under the Housing Alterations Code,
(c)  development that is attached to a secondary dwelling or group home,
(d)  the erection of a building over a registered easement,
(e)  the construction of a basement that will have an area that exceeds the limits shown in the following table:
Lot width measured at the building line
Maximum area of basement
6–10m
25m2
>10m
45m2
(f)  the erection of a common wall,
(g)  the alteration of, or an addition to, a garage or carport that is located forward of the building line.
Note 1.
 Attached, building line, common wall and Housing Alterations Code are defined in clause 1.5.
Note 2.
 Basement, building, group home and secondary dwelling have the same meanings as they have in the Standard Instrument.
3.3   Determining lot type
(1)  In this code, a reference to a lot is a reference to any of the following lots:
(a)  standard lot,
(b)  corner lot,
(c)  parallel road lot,
(d)  battle-axe lot.
Note 1.
 Battle-axe lot, corner lot, lane, parallel road lot, setback and standard lot are defined in clause 1.5.
Note 2.
 A lot that adjoins a lane is not a parallel road lot or a corner lot. The lot type depends on which other roads it fronts (if any).
 
 
(2)  A battle-axe lot has 3 side boundaries and a rear boundary. The rear boundary is opposite the boundary to which the front of the dwelling house faces.