- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
- Status information
- Part 1 General
- Division 1 Preliminary
- 1.1 Name of Policy
- 1.2 Commencement
- 1.3 Aims of Policy
- 1.4 Land to which Policy applies
- 1.4A Development to which Policy does not apply
- 1.5 Interpretation—general
- 1.6 Interpretation—references to land use zones
- 1.7 Maps
- 1.8 Relationship with other State environmental planning policies
- 1.9 Relationship with local environmental plans and development control plans
- 1.10 Same development
- 1.11 (Repealed)
- 1.12 Variations to certain codes
- 1.13 Savings provisions
- 1.14 Review of Policy
- Division 2 Exempt and complying development
- 1.15 What development is exempt development?
- 1.16 General requirements for exempt development
- 1.16A Exempt development on land within 18 kilometres of Siding Spring Observatory
- 1.17 What development is complying development?
- 1.17A Requirements for complying development for all environmental planning instruments
- 1.18 General requirements for complying development under this Policy
- 1.19 Land on which complying development may not be carried out
- 1.20 Suspension of covenants, agreements and instruments
- Part 2 Exempt Development Codes
- Note 1
- Note 2
- Division 1 General Exempt Development Code
- Subdivision 1 Access ramps
- Subdivision 2 Aerials, antennae and communication dishes
- Subdivision 3 Air-conditioning units
- Subdivision 3A Animal shelters
- Subdivision 3B Automatic teller machines
- Subdivision 4 Aviaries
- Subdivision 5 Awnings, blinds and canopies
- Subdivision 6 Balconies, decks, patios, pergolas, terraces and verandahs
- Subdivision 7 Barbecues and other outdoor cooking structures
- Subdivision 8
- Subdivision 8A Bollards
- Subdivision 9 Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses
- Subdivision 10 Carports
- Subdivision 10A Change of use of premises
- Subdivision 10B Change of use of places of public worship
- Subdivision 10C Charity bins and recycling bins
- Subdivision 11 Clothes hoists and clothes lines
- Subdivision 12 Container recycling equipment
- Subdivision 13 Demolition
- Subdivision 14 Driveways and hard stand spaces
- Subdivision 15 Earthworks, retaining walls and structural support
- Subdivision 15AA Emergency work and temporary repairs
- Subdivision 15A Evaporative cooling units (roof mounted)
- Subdivision 16 Farm buildings (other than stock holding yards, grain silos and grain bunkers)
- Subdivision 16A Stock holding yards not used for sale of stock
- Subdivision 16B Grain silos and grain bunkers
- Subdivision 17 Fences (certain residential zones and Zone RU5)
- Subdivision 17A Fences for swimming pools (certain residential zones and Zone RU5)
- Subdivision 18 Fences (certain rural zones, environment protection zones and Zone R5)
- Subdivision 19 Fences (business and industrial zones)
- Subdivision 19A
- Subdivision 20 Flagpoles
- Subdivision 20A Footpaths—outdoor dining
- Subdivision 21 Fowl and poultry houses
- Subdivision 21AA Fuel tanks and gas storage
- Subdivision 21A Garbage bin storage enclosure
- Subdivision 21B
- Subdivision 22 Home businesses, home industries and home occupations
- Subdivision 23
- Subdivision 23A Hot water systems
- Subdivision 24 Landscaping structures
- Subdivision 25 Letterboxes
- Subdivision 25A Maintenance of buildings in draft heritage conservation areas
- Subdivision 26 Minor building alterations (internal)
- Subdivision 27 Minor building alterations (external)
- Subdivision 27A Mobile food and drink outlets
- Subdivision 28 Pathways and paving
- Subdivision 29 Playground equipment
- Subdivision 30 Portable swimming pools and spas and child-resistant barriers
- Subdivision 31 Privacy screens
- Subdivision 32 Rainwater tanks (above ground)
- Subdivision 33 Rainwater tanks (below ground)
- Subdivision 33A Roller shutter doors adjoining lanes
- Subdivision 34
- Subdivision 35 Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs)
- Subdivision 36 Shade structures of canvas, fabric, mesh or the like
- Subdivision 36A
- Subdivision 37 Skylights, roof windows and ventilators
- Subdivision 38 Subdivision
- Subdivision 39 Sculptures and artworks
- Subdivision 39A
- Subdivision 39B Tennis courts
- Subdivision 39C Waste storage containers
- Subdivision 40 Water features and ponds
- Subdivision 40A Waterways structures—minor alterations
- Subdivision 41 Windmills
- Division 2 Advertising and Signage Exempt Development Code
- Subdivision 1 General requirements for advertising and signage
- Subdivision 2 Building identification signs
- Subdivision 3 Wall signs
- Subdivision 4 Fascia signs
- Subdivision 5 Under awning signs
- Subdivision 6 Top hamper signs
- Subdivision 7 Window signs
- Subdivision 8 Replacement of identification signs
- Subdivision 9 Internal signs
- Subdivision 10 Community notice and public information signs
- Subdivision 11 Temporary event signs
- Subdivision 12 Real estate signs
- Subdivision 13 Election signs
- Division 3 Temporary Uses and Structures Exempt Development Code
- Subdivision 1 General requirements for temporary uses and structures
- Subdivision 2 Scaffolding, hoardings and temporary construction site fences
- Subdivision 3 Temporary builders’ structures
- Subdivision 4 Filming
- Subdivision 5 Temporary structures and alterations or additions to buildings for filming purposes
- Subdivision 6 Tents or marquees used for filming purposes and private functions
- Subdivision 7 Tents, marquees or booths for community events
- Subdivision 8 Stages or platforms for private functions
- Subdivision 9 Stages or platforms for community events
- Subdivision 10 Major events sites—additional temporary development
- Subdivision 11 Sydney Cricket Ground—additional temporary development
- Subdivision 12 Trading hours—temporary extensions for Christmas
- Subdivision 13 Trading hours—temporary extension for licensed premises
- Part 2A Transitional development under former General Housing Code and related provisions
- 2A.1 Housing that would have been complying development under repealed General Housing Code continues to be complying development
- 2A.2 Housing that would have been complying development under certain other repealed provisions continues to be complying development
- 2A.3 Part ceases to have effect on 13 July 2019
- Part 3 Housing Code
- Note 1
- Note 2
- Note 3
- Division 1 Requirements for complying development under this code
- Division 2 General standards relating to land type
- Division 3 Development standards for dwelling houses and attached development
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards for dwelling houses and attached development
- 3.8 Maximum building height
- 3.9 Maximum gross floor area of all buildings
- 3.10 Minimum setbacks and maximum height and length of boundary walls
- 3.11 Exceptions to setbacks
- 3.12 Other development standards for balconies, decks, patios, terraces and verandahs attached to side or rear of dwelling house
- Subdivision 3 Landscape development standards for dwelling houses and attached development
- Subdivision 4 Amenity development standards for dwelling houses and attached development
- Division 4 Development standards for detached development
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards for detached development (other than swimming pools and fences)
- 3.18 Maximum height
- 3.19 Maximum gross floor area of all buildings on lot
- 3.20 Maximum gross floor area of certain detached development
- 3.21 Minimum setbacks and maximum height and length of built to boundary walls
- 3.22 Heritage conservation areas
- 3.23 Other development standards for detached garages and carports
- 3.24 Other development standards for detached decks, patios, pergolas, terraces and verandahs
- 3.25 Other development standards for detached studios
- 3.26 Exceptions to setbacks
- Subdivision 3 Landscape development standards for detached development (other than fences and child-resistant barriers)
- Subdivision 4 Built form development standards for swimming pools, fences and child-resistant barriers
- Division 5 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls, protection of trees and conditions under complying development certificates
- Part 3A Rural Housing Code
- Note 1
- Note 2
- Note 3
- Division 1 Development that is complying development under this code
- Division 2 Removal or pruning of trees
- Division 3 Development standards for this code
- Subdivision 1 Application
- Subdivision 2 Site requirements
- Subdivision 3 Building heights and setbacks
- 3A.14 Maximum heights of dwelling houses and outbuildings
- 3A.15 Setbacks of dwelling houses and ancillary development from roads
- 3A.16 Setbacks of dwelling houses from side boundaries
- 3A.17 Setbacks of dwelling houses from rear boundaries
- 3A.18 Setbacks of outbuildings from side and rear boundaries
- 3A.19 Exceptions to setbacks
- 3A.20 Calculating setbacks
- 3A.21 Building articulation
- 3A.22 Building elements within the articulation zone to a primary road
- 3A.23 Privacy
- Subdivision 4 Landscaping
- Subdivision 5 Car parking and access
- Subdivision 6 Earthworks and drainage
- Subdivision 7 Ancillary development
- Subdivision 8 Outbuildings
- Subdivision 9 Development standards for particular land
- Division 4 Conditions applying to complying development certificates under this code
- Part 3B Low Rise Medium Density Housing Code
- Note 1
- Note 2
- Division 1A Manor houses permitted in certain land use zones
- Division 1 Requirements for complying development under this code
- 3B.1 Development that can be complying development under this code
- 3B.2 Development that is not complying development under this code
- 3B.3 Determining lot type
- 3B.4 Complying development on bush fire prone land
- 3B.5 Complying development on flood control lots
- 3B.6 Development standards for land near Siding Spring Observatory
- Division 2 Development standards for certain dual occupancies and attached development
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards
- 3B.8 Lot requirements
- 3B.9 Maximum building height
- 3B.10 Maximum gross floor area of all buildings
- 3B.11 Minimum setbacks and maximum height and length of boundary walls
- 3B.12 Exceptions to setbacks
- 3B.13 Dwelling configuration on lot
- 3B.14 Other development standards for new balconies, decks, patios, terraces and verandahs attached to side or rear of dual occupancy
- Subdivision 3 Landscape development standards
- Subdivision 4 Amenity development standards
- Division 3 Development standards for manor houses, certain dual occupancies and attached development
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards
- 3B.21 Lot requirements
- 3B.22 Maximum building height
- 3B.23 Maximum gross floor area of all buildings
- 3B.24 Minimum setbacks and maximum height and length of boundary walls
- 3B.25 Exceptions to setbacks
- 3B.26 Other development standards for new balconies, decks, patios, terraces and verandahs attached to side or rear of dual occupancy or manor house
- Subdivision 3 Landscape development standards
- Subdivision 4 Amenity development standards
- Division 4 Development standards for multi dwelling housing (terraces) and attached development
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards
- 3B.33 Lot requirements
- 3B.34 Maximum building height
- 3B.35 Maximum gross floor area of all buildings
- 3B.36 Minimum setbacks and maximum height and length of boundary walls
- 3B.37 Exceptions to setbacks
- 3B.38 Dwelling configuration on lot
- 3B.39 Other development standards for new attached side or rear balconies, decks, patios, terraces or verandahs
- Subdivision 3 Landscape development standards
- Subdivision 4 Amenity development standards
- Division 5 Development standards for detached development
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards for detached development (other than swimming pools and fences)
- 3B.46 Lot requirements
- 3B.47 Maximum height
- 3B.48 Maximum gross floor area of certain detached development
- 3B.49 Minimum setbacks and maximum height and length of built to boundary walls
- 3B.50 Other development standards for detached garages and carports
- 3B.51 Other development standards for detached decks, patios, pergolas, terraces and verandahs
- 3B.52 Other development standards for detached studios
- 3B.53 Other development standards for detached cabanas, cubby houses, ferneries, garden sheds, gazebos, greenhouses, rainwater tanks, shade structures or sheds
- 3B.54 Exceptions to setbacks
- Subdivision 3 Landscape development standards for detached development (other than fences and child-resistant barriers)
- Subdivision 4 Built form development standards for swimming pools and fences
- Division 6 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls, protection of trees and conditions under complying development certificates
- Division 7 Miscellaneous
- Part 3C Greenfield Housing Code
- Note 1
- Note 2
- Note 3
- Division 1 Requirements for complying development under this code
- Division 2 General standards relating to land type
- Division 3 Development standards for dwelling houses and attached development
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards for dwelling houses and attached development
- 3C.9 Maximum building height
- 3C.10 Maximum gross floor area of all buildings
- 3C.11 Minimum setbacks and maximum height and length of boundary walls
- 3C.12 Exceptions to setbacks
- 3C.13 Other development standards for attached garages
- 3C.14 Other development standards for balconies, decks, patios, terraces and verandahs attached to side or rear of dwelling house
- Subdivision 3 Landscape development standards for dwelling houses and attached development
- Subdivision 4 Amenity development standards for dwelling houses and attached development
- Division 4 Development standards for detached development
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards for detached development (other than swimming pools and fences)
- 3C.21 Maximum height
- 3C.22 Maximum gross floor area of all buildings on lot
- 3C.23 Maximum gross floor area of certain detached development
- 3C.24 Minimum setbacks and maximum height and length of built to boundary walls
- 3C.25 Heritage conservation areas
- 3C.26 Other development standards for detached garages and carports
- 3C.27 Other development standards for detached decks, patios, pergolas, terraces and verandahs
- 3C.28 Other development standards for detached studios
- 3C.29 Exceptions to setbacks
- Subdivision 3 Landscape development standards for detached development (other than fences and child-resistant barriers)
- Subdivision 4 Built form development standards for swimming pools, fences and child-resistant barriers
- Division 5 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls, protection of trees and conditions under complying development certificates
- Division 6 Conditions applying to complying development certificates under this code
- Part 3D Inland Code
- Note 1
- Note 2
- Note 3
- Division 1 Application of code
- Division 2 Requirements for complying development under this code
- 3D.3 Development that is complying development under this code
- 3D.4 Development that is not complying development under this code
- 3D.5 Determining lot type
- 3D.6 Complying development on bush fire prone land
- 3D.7 Complying development on flood control lots
- 3D.8 Development standards for land near Siding Spring Observatory
- Division 3 Development standards—dwelling houses and attached development in Zones RU1, RU2, RU3, RU4 and RU6
- Division 4 Development standards—dwelling houses and attached development in Zones RU5, R1, R2, R3 and R4
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards for dwelling houses and attached development
- 3D.18 Lot requirements
- 3D.19 Maximum building height
- 3D.20 Maximum gross floor area of all buildings
- 3D.21 Minimum setbacks and maximum height and length of built to boundary walls
- 3D.22 Exceptions to setbacks
- 3D.23 Other development standards for balconies, decks, patios, pergolas terraces and verandahs attached to side or rear of dwelling house
- Subdivision 3 Landscape development standards for dwelling houses and attached development
- Subdivision 4 Amenity development standards for dwelling houses and attached development
- Division 5 Development standards—dwelling houses and attached development in Zone R5
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards for dwelling houses and attached development
- 3D.29 Lot requirements
- 3D.30 Maximum building height and siting of development
- 3D.31 Maximum gross floor area of all buildings
- 3D.32 Minimum setbacks
- 3D.33 Exceptions to setbacks
- 3D.34 Other development standards for balconies, decks, patios, pergolas, terraces and verandahs attached to side or rear of dwelling house
- Subdivision 3 Landscape development standards for dwelling houses and attached development
- Subdivision 4 Amenity development standards for dwelling houses and attached development
- Subdivision 5 Car parking and access
- Division 6 Development standards for detached development in rural and residential zones
- Subdivision 1 Application of Division
- Subdivision 2 Built form development standards for detached development (other than farm buildings, swimming pools and fences)
- 3D.40 Lot requirements
- 3D.41 Maximum height
- 3D.42 Maximum gross floor area of all buildings on lot
- 3D.43 Maximum floor area of certain detached development
- 3D.44 Minimum setbacks and maximum height and length of built to boundary walls
- 3D.45 Heritage conservation areas
- 3D.46 Other development standards for detached garages and carports
- 3D.47 Other development standards for detached balconies, decks, patios, pergolas, terraces and verandahs
- 3D.48 Other development standards for detached studios
- 3D.49 Exceptions to setbacks
- Subdivision 3 Landscape development standards for detached development (other than fences and child-resistant barriers) in Zones R1, R2, R3, R4, R5 and RU5
- Subdivision 4 Built form development standards for swimming pools and fences
- Division 7 Development standards for farm buildings (other than stock holding yards, grain silos and grain bunkers) in Zones RU1, RU2, RU3, RU4, RU6 and R5
- Division 8 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls and protection of trees
- Division 9 Conditions applying to complying development certificates under this code
- Part 4 Housing Alterations Code
- Note
- Division 1 Specified development and development standards under this code
- Subdivision 1 Internal alterations
- Subdivision 2 External alterations to existing dwelling houses and ancillary development
- Subdivision 2A External alterations to residential accommodation other than dwelling houses and ancillary development
- Subdivision 3 Attic conversions
- Subdivision 3A Development standards for particular land
- Division 1A
- Division 2 Conditions applying to complying development certificates under this code
- Part 4A General Development Code
- Note
- Division 1 Specified development and development standards under this code
- Division 2 Conditions applying to complying development certificates under this code
- Part 5 Commercial and Industrial Alterations Code
- Note 1
- Note 2
- Note 3
- Division 1 Specified development and development standards under this code
- Subdivision 1 Building alterations (internal)
- Subdivision 2 Change of use of premises
- Subdivision 3 First use of premises
- Subdivision 4 Mechanical ventilation systems
- Subdivision 5 Shop fronts and awnings
- Subdivision 6 Skylights and roof windows
- Subdivision 7 Projecting wall signs
- Subdivision 8 Freestanding pylon and directory board signs
- Subdivision 9 Ancillary development
- Subdivision 10 Earthworks, retaining walls and structural support
- Subdivision 11 Driveways, hard stand spaces, pathways and paving
- Subdivision 12 Fences
- Subdivision 13 Development standards for land near Siding Spring Observatory
- Division 2 Conditions applying to complying development certificates under this code
- Part 5A Commercial and Industrial (New Buildings and Additions) Code
- Note 1
- Note 2
- Division 1 Development that is complying development under this code
- Division 2 Development standards for this code relating to industrial buildings
- Division 3 Development standards for this code relating to commercial premises
- Division 4 Development standards for both industrial and commercial development
- 5A.24 Car parking and access
- 5A.25 Loading facilities and driveways
- 5A.26 Garbage and waste storage
- 5A.27 Earthworks
- 5A.28 Drainage
- 5A.29 Development standards for bush fire prone land
- 5A.30 Complying development on flood control lots
- 5A.30A Development standards for land near Siding Spring Observatory
- Division 5 Conditions applying to complying development certificates under this code
- Part 5B Container Recycling Facilities Code
- Part 6 Subdivisions Code
- Part 7 Demolition Code
- Part 8 Fire Safety Code
- Division 1 Development that is complying development under this code
- Division 2 Development standards for this code
- Division 3 Conditions applying to complying development certificates under this code
- Schedule 1 (Repealed)
- Schedule 2 Exempt development codes—variations
- Schedule 3 Complying development codes—variations
- Schedule 4 Land excluded from the General Exempt Development Code
- Schedule 5 Land excluded from the Housing Code
- Schedule 6 Conditions applying to complying development certificates under certain complying development codes
- Schedule 6A Conditions applying to complying development certificates under the Low Rise Medium Density Housing Code
- Schedule 6B Conditions applying to complying development certificates under the Subdivisions Code
- Schedule 7 Conditions applying to complying development certificates under Housing Alterations Code and General Development Code
- Schedule 8 Conditions applying to complying development certificates under the Commercial and Industrial Alterations Code, the Commercial and Industrial (New Buildings and Additions) Code and the Container Recycling Facilities Code
- Schedule 9 Conditions applying to complying development certificates under the Demolition Code
- Schedule 10 Conditions applying to complying development certificates under the Fire Safety Code
- Historical notes
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current
version
for 25 October 2019
to date
(accessed 10 December 2019 at 10:55)
3.18 Maximum height
The maximum height for any detached development is 4.5m above ground level (existing).Note 1.Detached development is defined in clause 1.5.Note 2.Ground level (existing) is defined in the Standard Instrument as the existing level of a site at any point.