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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 25 June 2019 at 04:40)
Part 3C Division 3
Division 3 Development standards for dwelling houses and attached development
Subdivision 1 Application of Division
3C.8   Application of Division
This Division sets out the development standards that apply to the erection or alteration of, or an addition to, a dwelling house and any attached development that is complying development under this code.
Subdivision 2 Built form development standards for dwelling houses and attached development
3C.9   Maximum building height
The maximum height for a dwelling house and any attached development is 8.5m above ground level (existing).
Note 1.
 Attached development and dwelling house are 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.
3C.10   Maximum gross floor area of all buildings
(1)  The maximum gross floor area of all buildings on a lot is shown in the following table:
Lot area
Maximum gross floor area
200m2–250m2
78% of lot area
>250m2–300m2
75% of lot area
>300m2–350m2
235m2
>350m2–450m2
25% of lot area + 150m2
>450m2–560m2
290m2
>560m2–600m2
25% of lot area + 150m2
>600m2–740m2
335m2
>740m2–900m2
25% of lot area + 150m2
>900m2–920m2
380m2
>920m2–1,000m2
25% of lot area + 150m2
>1,000m2
400m2
(2)  When calculating the lot size of a battle-axe lot, the area of the access laneway is excluded.
Note.
 Battle-axe lot and gross floor area are defined in clause 1.5.
3C.11   Minimum setbacks and maximum height and length of boundary walls
(1) Primary road setbacks A dwelling house and any attached development (other than a garage or carport) must be set back from a primary road so that the primary road is at least:
(a)  for lots with an area of between 200m2–300m2:
(i)  3m from the front building line of the dwelling house, and
(ii)  1.5m from the articulation zone for the dwelling house, and
(b)  for lots with an area of more than 300m2:
(i)  4.5m from the front building line of the dwelling house, and
(ii)  3m from the articulation zone for the dwelling house.
(2) Side setbacks The ground level of a dwelling house and any attached development (other than a garage to which subclause (4) applies) must have:
(a)  a minimum set back from one side boundary as shown under “Side A” in the following table, and
(b)  a minimum setback from the other side boundary as shown under “Side B” in the following table.
Lot width at the building line
Side A
Side B
6m or more but less than 7m
0m
0m
7m or more but less than 10m
0m
900mm
10m or more but less than 15m
0m
900mm
15m or more
900mm
900mm
Note.
 Clause 3C.12 contains certain exclusions from the setbacks for lots of 10m or more in this subclause.
(3)  The upper level of a dwelling house and any attached development (other than a garage) must have:
(a)  a minimum set back from the “Side A” boundary referred to in subclause (2) (a), as shown under “Side A” in the following table, and
(b)  a minimum setback from the “Side B” boundary referred to in subclause (2) (b), as shown under “Side B” in the following table in relation to that lot.
Lot width at the building line
Side A
Side B
6m or more but less than 7m
1.2m
0m
7m or more but less than 10m
1.2m
900mm
10m or more but less than 15m
1.2m
900mm
15m or more
1.2m
900mm
Note.
 Clause 3C.12 contains certain exclusions from the setbacks for lots of 10m or more in this subclause.
(4)  A garage that is attached to the rear elevation of a dwelling house must have a minimum setback from a side boundary as shown in the following table:
Lot width at the building line
Minimum side setback
6m or more but less than 7m
0m from both side boundaries for a maximum length of 6.5m
7m or more but less than 10m
0m from one side boundary for a maximum length of 6.5m, and 900mm from the other side boundary
10m or more but less than 15m
900mm from one side boundary for a maximum length of 6.5m
15m or more
900mm from one side boundary for a maximum length of 6.5m
(5) Maximum height of walls within 900mm of side boundary The height of a wall erected within 900mm of a side boundary must not exceed:
(a)  3.3m above ground level (existing), or
(b)  if there is a building wall on the adjoining lot within 900mm of that boundary that is higher than 3.3m—the height of that wall, but not more than 8.5m, or
(c)  if the building on the adjoining lot is subject to the same complying development certificate under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000—the height of the wall on the adjoining lot, but not more than 8.5m.
(6) Maximum length of built to boundary walls within 900mm of side boundary The length of all walls within 900mm of a side boundary must not exceed the length shown in the following table:
Lot width at the building line
Maximum length of built to boundary wall
6m or more but less than 7m
20m or 50% of the depth of the lot, whichever is the lesser
7m or more but less than 10m
15m or 50% of the depth of the lot, whichever is the lesser
10m or more but less than 15m
11m or 50% of the depth of the lot, whichever is the lesser
15m or more
no maximum length
Note.
 A wall built within 900mm of a wall on an adjoining lot is subject to clause 3C.35 (Protecting adjoining walls).
(7) Rear setbacks A dwelling house and any attached development must have a setback from the rear boundary of at least:
(a)  for a single storey dwelling house and any attached development—3m,
(b)  for a 2 storey dwelling house and any attached development—6m.
Note.
 Certain exceptions to the rear setbacks apply if the lot has a rear boundary with a lane (see clause 3C.12 (5)).
(8) Secondary road setbacks for corner lots Despite any other standard for a setback specified by this clause, a dwelling house and any attached development must have a minimum setback from a boundary with a secondary road as shown in the following table:
Lot width at the building line
Minimum setback from secondary road boundary
6m or more but less than 7m
1m
7m or more
2m
(9) Parallel road setbacks for parallel road lots Despite any other standard for a setback specified by this clause, a dwelling house and any attached development must have a setback from a boundary with a parallel road of at least 3m.
Note.
 Certain types of attached development may be built within the parallel road setback (see clause 3C.12 (6)).
(10) Classified road setbacks Despite any other standard for a setback specified by this clause, a dwelling house and any attached development must have a setback from a boundary with a classified road of at least:
(a)  the setback for a dwelling house from a classified road specified by another environmental planning instrument applying to the land, or
(b)  if no setback is specified—9m.
(11) Public reserve setbacks Despite any other standard for a setback specified by this clause, a dwelling house and any cabana, cubby house, garden shed, gazebo, fernery, greenhouse or shed must have a setback from a boundary with a public reserve of at least 3m.
(12) Front setbacks for battle-axe lots A dwelling house and any attached development on a battle-axe lot must have a setback from the rear boundary of the lot that is in front of the battle-axe lot of at least 3m.
Note 1.
 Articulation zone, attached development, battle-axe lot, boundary wall, building element, building line, detached development, dwelling house, lane, primary road, setback and standard lot are defined in clause 1.5.
Note 2.
 Building height, classified road and ground level (existing) 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.
3C.12   Exceptions to setbacks
(1) Development to which side and rear setbacks do not apply The side setback standards specified in clause 3C.11 (2) or (3) for a lot width measured at the building line of 10m or more but less than 15m or of 15m or more do not apply to the following:
(a)  downpipes,
(b)  driveways,
(c)  electricity or gas meters,
(d)  fascias,
(e)  gutters,
(f)  light fittings,
(g)  pathways and paving.
(2) Development to which side and rear setbacks do not apply if 450mm from boundary The side setback standards specified in clause 3C.11 (2) or (3) for a lot width measured at the building line of 10m or more but less than 15m or of 15m or more do not apply to the following if they are at least 450mm from the relevant boundary:
(a)  antennae,
(b)  awnings,
(c)  chimneys,
(d)  cooling or heating appliances,
(e)  eaves,
(f)  flues,
(g)  pipes,
(h)  privacy screens,
(i)  rainwater tanks greater than 1.8m in height,
(j)  structures associated with the provision of a utility service.
(3) Road setbacks do not apply to eaves within 1m The setback standards specified in clause 3C.11 (1), (8), (9) and (10) do not apply to eaves if they are within 1m of the dwelling house.
(4) Development to which road setbacks do not apply The setback standards specified in clause 3C.11 (1), (8), (9) and (10) do not apply to the following:
(a)  driveways,
(b)  pathways and paving,
(c)  retaining walls,
(d)  any building elements that are permitted within a primary or secondary articulation zone.
(5) Lots with rear lanes Despite clause 3C.11 (7), if the lot has a rear boundary with a lane, the building may be erected within 900mm of, or abut, the rear boundary for a maximum of 50% of the length of that boundary.
(6) Certain attached development may be built within parallel road setback Despite clause 3C.11 (9), a cabana, cubby house, fernery, garden shed, gazebo, greenhouse or shed may be built within 3m of, or abut, a parallel road boundary for a maximum of 50% of the length of that boundary if the parallel road is not a classified road.
(7) Setbacks do not apply to existing parts of dwelling house or attached development The setback standards specified in clause 3C.11 do not apply to any existing parts of a dwelling house or attached development that will remain on the lot after the complying development is carried out.
Note 1.
 Articulation zone, attached development, dwelling house, primary road and setback are defined in clause 1.5.
Note 2.
 Classified road and public reserve have the same meanings as they have in the Standard Instrument.
Note 3.
 Environmental planning instrument has the same meaning as it has in the Act.
3C.13   Other development standards for attached garages
(1)  An attached garage on a lot with a width of more than 7m measured at the building line must have a setback from a primary road of least 5.5m.
(2)  An attached garage on a lot with a width of 6m or more but not more than 7m measured at the building line must be located at the rear of a dwelling house.
(3)  The maximum height of the floor level of an attached rear garage is the height shown in the following table:
Setback from the rear boundary
Maximum permitted floor level above ground level (existing)
<3m
2m
3m–6m
3m
>6m
4m
(4)  Despite clause 3C.9, the maximum height of an attached rear garage on a lot with a width of 6m or more is 3.3m.
(5)  The total floor area of all attached rear garages that, after the completion of the development:
(a)  are within 6m from a side or rear boundary, and
(b)  have a finished floor level of more than 2m above ground level (existing),
must not be more than 12m2.
(6)  Despite clause 3C.11 (7), if the lot has a rear boundary with a lane, an attached garage must have a minimum setback from the rear boundary as shown in the following table:
Lot width at the building line
Minimum setback from rear boundary
6m or more but less than 7m
0m
7m or more but less than 10m
0m
10m or more but less than 15m
0m for a maximum of 6.5m of the length of the rear boundary
15m or more
0m for a maximum of 9m of the length of the rear boundary
Note 1.
 Attached, building line, dwelling house and floor area are defined in clause 1.5.
Note 2.
 Ground level (existing) has the same meaning as it has in the Standard Instrument.
Note 3.
 See also standards for car parking and vehicle access requirements in clause 3C.19.
3C.14   Other development standards for balconies, decks, patios, terraces and verandahs attached to side or rear of dwelling house
(1)  The erection of a balcony, deck, patio, terrace or verandah that is attached to the side or rear elevation of a dwelling house is only permitted on a lot if:
(a)  the area of the lot is more than 300m2, and
(b)  the width of the lot, measured at the building line, is more than 10m.
(2)  The maximum height of the floor level of the balcony, deck, patio, terrace or verandah is the height shown in the following table:
Setback from the side or rear boundary
Maximum permitted floor level above ground level (existing)
<3m
2m
3m–6m
3m
>6m
4m
(3)  The total floor area of all attached side or rear balconies, decks, patios, terraces and verandahs that, after the completion of the development:
(a)  are within 6m from a side or rear boundary, and
(b)  have a finished floor level of more than 2m above ground level (existing),
must not be more than 12m2.
Note 1.
 Attached, building line, dwelling house and floor area are defined in clause 1.5.
Note 2.
 Ground level (existing) has the same meaning as it has in the Standard Instrument.
Note 3.
 A balcony, deck, patio, terrace or verandah may require a privacy screen—see clause 3C.18.
Subdivision 3 Landscape development standards for dwelling houses and attached development
3C.15   Minimum landscaped area
(1)  The minimum landscaped area that must be provided on a lot is shown in the following table:
Lot area
Minimum landscaped area
200m2–300m2
10% of lot area
>300m2–450m2
15% of lot area
>450m2–600m2
20% of lot area
>600m2–900m2
30% of lot area
>900m2–1,500m2
40% of lot area
>1,500m2
45% of lot area
(2)  Each landscaped area must have a minimum width and length of 1.5m.
(3)  The minimum landscaped area calculated in accordance with subclause (1) must be provided as follows:
(a)  if the lot width measured at the building line is 18m or less—25% of the area forward of the building line must be landscaped,
(b)  if the lot width measured at the building line is more than 18m—50% of the area forward of the building line must be landscaped.
(4)  Subclause (3) does not apply if the lot is a battle-axe lot.
(5)  This clause does not apply to complying development that is the alteration of, or an addition to, a dwelling house or attached development if the development does not:
(a)  increase the footprint of the dwelling house or attached development, or
(b)  decrease the landscaped area on the lot.
Note 1.
 Battle-axe lot, building line and principal private open space are defined in clause 1.5.
Note 2.
 Landscaped area has the same meaning as it has in the Standard Instrument.
Subdivision 4 Amenity development standards for dwelling houses and attached development
3C.16   Building design
(1)  This clause applies to the erection of a dwelling house on a lot, other than a battle-axe lot.
(2)  The dwelling house must contain the following building elements:
(a)  at least 1 door and 1 window to a habitable room at ground floor level facing the primary road, or
(b)  at least 1 door and 1 window to a habitable room at ground floor level facing any parallel road.
(3) Primary road frontage A dwelling house with a setback from a primary road of at least 3m may have an articulation zone that extends up to 1.5m forward of the minimum required setback from the primary road.
(4)  The following building elements may be located in the articulation zone:
(a)  an entry feature or portico,
(b)  a balcony, deck, pergola, terrace or verandah,
(c)  a window box treatment,
(d)  a bay window or similar feature,
(e)  an awning or other feature over a window,
(f)  a sun shading feature,
(g)  an eave.
(5)  The maximum total area of all building elements in the articulation zone, other than a building element specified in subclause (4) (e), (f) or (g), must not comprise more than 25% of the area of the articulation zone.
(6) Maximum height of building elements A building element on a dwelling house (other than an entry feature or portico that has the same pitch as the roof on the dwelling house) must not extend:
(a)  more than 1m above the gutter line of the eaves of a single storey dwelling house, or
(b)  above the gutter line of the eaves of a 2 storey dwelling house.
(7) Secondary road frontage on corner lots A dwelling house on a corner lot must have a window to a habitable room with an area of at least 1m2 that faces and is visible from the secondary road.
(8)  A dwelling house with a setback from a secondary road of not more than 4.5m must have at least one of the following building elements for a minimum length of 20% of the elevation of the walls that face the secondary road and that are within 4.5m of the secondary road:
(a)  an entry feature or portico,
(b)  a balcony, deck, pergola, terrace or verandah,
(c)  a bay window,
(d)  a step of at least 600mm in depth.
(9)  Building elements listed in subclause (8) may be located in a secondary road articulation zone if:
(a)  the zone extends no more than 1m into the minimum required setback area and spans the length of the walls that face the secondary road, and
(b)  the building element comprises no more than 20% of the zone area.
(10)  Any part of a gable or hipped roof that overhangs walls that are within 4.5m of the secondary road boundary must include eaves that extend for the length of those walls and project at least 450mm, but not more than 1m from those walls.
Note 1.
 Articulation zone, battle-axe lot, building element, corner lot, dwelling house, habitable room, parallel road, parallel road lot, primary road, secondary road and setback are defined in clause 1.5.
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.
3C.17   Windows, doors and openings
Any wall erected within 900mm of a side boundary must not contain a door, window or any other opening.
3C.18   Privacy screens for windows and certain attached development
(1)  A privacy screen must be provided for any part of a window to a habitable room that is less than 1.5m above the finished floor level of that room if:
(a)  the window faces and is less than 3m from a side or rear boundary and the room has a finished floor level of more than 1m above ground level (existing), or
(b)  the window faces and is at least 3m, but not more than 6m, from a side or rear boundary and the room has a finished floor level of more than 3m above ground level (existing).
(2)  Subclause (1) does not apply to a bedroom window that has an area of not more than 2m2.
(3)  A privacy screen of at least 1.7m, but not more than 2.2m, above the finished floor level of a balcony, deck, patio, terrace or verandah must be installed at the edge of that part of the balcony, deck, patio, terrace or verandah that is parallel to or faces towards the relevant side or rear boundary if the area of the balcony, deck, patio, terrace or verandah is at least 3m2 and:
(a)  that edge is less than 3m from a side or rear boundary and the balcony, deck, patio, terrace or verandah has a finished floor level of more than 1m above ground level (existing), or
(b)  that edge is at least 3m, but not more than 6m from a side or rear boundary and the balcony, deck, patio, terrace or verandah has a finished floor level of more than 2m above ground level (existing).
(4) Clause does not apply to existing parts of dwelling house or attached development This clause does not apply to any existing parts of a dwelling house or attached development that will remain on the lot after the complying development is carried out.
Note 1.
 Habitable room and privacy screen are defined in clause 1.5.
Note 2.
 Ground level (existing) has the same meaning as it has in the Standard Instrument.
3C.19   Car parking and vehicle access requirements
(1)  At least 1 off-street car parking space, being an open hard stand space or a carport or garage, must be provided on a lot unless:
(a)  the lot has a width of less than 8m measured at the building line, or
(b)  the complying development is the alteration of, or an addition to, a dwelling house and the lot does not contain an off-street car parking space, or
(c)  the complying development is the erection or alteration of, or an addition to, attached development and the lot does not contain an off-street car parking space.
(2)  All off-street car parking spaces and vehicle access must comply with AS 2890.1:2004, Parking facilities—Off-street car parking.
(3)  The off-street car parking space for a battle-axe lot must be constructed so that vehicles can leave the lot in a forward direction.
(4)  An attached garage may only be erected on a lot that has a width of less than 8m measured at the building line if the garage is accessed only from a secondary road, parallel road or lane.
(5)  An attached garage, carport or car parking space accessed from a primary road must have a minimum setback as shown in the following table:
Setback of dwelling house from primary road
Minimum off-street parking setback from primary road
<4.5m
5.5m
>4.5m
1m or more behind the building line of the dwelling house
(6)  The maximum width of all garage door openings facing a primary, secondary or parallel road is shown in the following table:
Lot width at the building line
Maximum width of garage door openings
7m or more but less than 10m
3.2m
10m or more but less than 11m
for a 1 storey dwelling house—3.2m
for a 2 storey dwelling house—6m
11m or more but less than 15m
6m
15m or more
50% of width of front facade of dwelling or 7.2m, whichever is the lesser
(7)  The maximum width of all driveways measured at the boundary to which the front of the dwelling house faces is shown in the following table:
Lot width at the building line
Maximum width of driveway
7m or more but less than 10m
3.2m
10m or more but less than 15m
single entry driveway—3m
double entry driveway—4.8m
15m or more
4.8m
Note 1.
 Attached, battle-axe lot, building line, detached, hard stand space, lane, parallel road, primary road, secondary road and setback are defined in clause 1.5.
Note 2.
 Clause 2.28 applies to the construction or installation of a driveway as exempt development.
Note 3.
 Alterations or additions to a garage or carport that is forward of the building line is not complying development under this code (see clause 3C.3 (3) (g)).