You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 21 October 2017 at 23:30)
Part 2 Division 5 Clause 38
38   Must be used for affordable housing for 10 years
(1)  A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:
(a)  for 10 years from the date of the issue of the occupation certificate:
(i)  at least 50 per cent of the accommodation to which the development application relates will be used for the purposes of affordable housing, and
(ii)  all the accommodation that is used for affordable housing will be managed by a registered community housing provider, and
(b)  a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that for 10 years from the date of the issue of the occupation certificate:
(i)  at least 50 per cent of the accommodation to which the development application relates will be used for the purposes of affordable housing, and
(ii)  all the accommodation that is used for affordable housing will be managed by a registered community housing provider.
(2)  Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.