What is the Housing Code in NSW? Fast-Track Approval for Residential Development
.jpg)
If you’re planning to build a new home, renovate your existing one, or add a structure like a garage or swimming pool in New South Wales, you may be eligible to bypass the regular Development Application (DA) process using the Housing Code.
The Housing Code sits under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008—commonly known as the Codes SEPP—and provides a streamlined approval path for common types of low-impact residential development.
What Is the Housing Code?
The Housing Code allows certain types of residential development—such as one- or two-storey houses, alterations and additions, and some ancillary structures—to be approved as Complying Development. This means you can obtain a Complying Development Certificate (CDC) from a private certifier or council without needing a full DA, provided your project meets all the Code’s requirements.
What Development Can Be Approved Under the Housing Code?
- Construction of a new 1–2 storey dwelling
- Alterations or additions to an existing home
- Granny flats (secondary dwellings)
- Detached studios or sheds
- Swimming pools and spas
- Decks, balconies, pergolas
- Fences, carports, garages, and driveways
- Demolition of certain structures
The Housing Code applies to a wide range of standard residential lots across NSW, particularly in zones such as R1, R2, R3, RU5, and others as listed in the SEPP.
Key Eligibility Criteria
To use the Housing Code, the site and development must meet strict criteria, including:
| Criteria | Requirement |
|---|---|
| Zoning | Must be in an eligible residential zone (e.g. R1, R2) |
| Lot size | Varies by development type, e.g. ≥ 200m² for dwellings |
| Setbacks | Must comply with minimum front, side, and rear setback distances |
| Height | Max 8.5m or 9m, depending on roof pitch |
| Land characteristics | Not on environmentally sensitive, flood-prone, or bushfire-prone land (unless certain conditions are met) |
| Heritage | Not in a Heritage Conservation Area or affecting a heritage item |
The proposed work must comply exactly with all requirements of the Code—no variations allowed.
How to Apply
- Check Eligibility
Use the NSW Planning Portal’s Complying Development Tool or consult with a private certifier or planner. - Prepare Documents
Include architectural plans, a BASIX certificate (if required), site analysis, and a cost summary. - Engage a Certifier
Submit your application to a private certifier or council. If everything complies, a Complying Development Certificate (CDC) can be issued within 10 business days. - Notify Neighbours
A brief notification period (typically 7 days) may apply for certain works. - Commence Building
Once your CDC is issued and the required notice periods are complete, you can begin construction.
Housing Code vs DA Process
| Feature | Housing Code (CDC) | DA Process |
|---|---|---|
| Timeframe | 10 days (approx.) | 6–12 weeks (or more) |
| Who approves? | Private certifier or council | Local council |
| Public consultation? | Minimal or none | Required |
| Flexibility | Must comply exactly | Some variation allowed |
| Cost | Generally lower | Higher due to assessment complexity |
Why the Housing Code Matters
Using the Housing Code can help:
- Save time and reduce approval delays
- Lower planning and consulting costs
- Give homeowners more control and certainty
- Boost housing supply through streamlined approvals
But it’s important to ensure 100% compliance—even a minor non-compliance will disqualify the development from using the Code.
Frequently Asked Questions (FAQs)
Q: Can I build a two-storey home under the Housing Code?
Yes, provided it meets all the standards for height, setbacks, lot size, and zoning.
Q: Does the Housing Code apply to all residential land?
No. It excludes land with significant environmental constraints, heritage listing, or complex planning overlays.
Q: Do I need to notify my neighbours?
In most cases, yes. Notification requirements vary depending on the type of development and council area.
Q: Can I use the Housing Code for a duplex?
Not under the Housing Code itself—but duplexes may be permitted under the Low Rise Housing Diversity Code, another part of the Codes SEPP.
Disclaimers
Legal Disclaimer: This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.
General Disclaimer: This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.