Guide To Complying Development Under The Rural Housing Code

Guide to Complying Development
under the Rural Housing Code

Guide to Complying Development under the Rural
Housing Code
State of New South Wales through the NSW
Department of Planning and Infrastructure
January 2012
Disclaimer: Every reasonable effort has been made
to ensure that this document is correct at time of
publication. The State of New South Wales, its agencies
and employees, disclaim liability to any person in respect
of anything or the consequence of anything done or
omitted to be done in reliance upon the whole or any
part of this document.
FOR FURTHER INFORMATION CONTACT
Information Centre
NSW Government Department of Planning and
Infrastructure
GPO Box 39
Sydney, NSW Australia
codes@planning.nsw.gov.au
Freecall 1300 305 695
ADDITIONAL RESOURCE MATERIALS
For State Environmental Planning Policy (Exempt
and Complying Development Codes) 2008 see:
housingcode.planning.nsw.gov.au and
www.legislation.nsw.gov.au
The Department of Planning and Infrastructure has
developed resources which will help you apply and
interpret the Codes SEPP. For legislation, planning
circulars and fact sheets see
http://housingcode.planning.nsw.gov.au/

RURAL ZONES IN THE CODES SEPP
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Rural Small Holdings
RU5 Village
R5 Large Lot Residential (applies in general
and rural areas)
ABBREVIATIONS & ACRONYMS
BAL Bushfre Attack Level
BCA Building Code of Australia
BPB Building Professionals Board
CDC Complying Development Certifcate
Codes SEPP State Environmental Planning Policy
(Exempt and Complying Development
Codes) 2008
DA Development Application
DP&I Department of Planning and Infrastructure
DCP Development Control Plan
EP&A Environmental Planning & Assessment (Act
1979 or Regulation 2000)
EPI Environmental Planning Instrument
LEP Local Environmental Plan
RFS Rural Fire Service
RHC Rural Housing Code
SEPP State Environmental Planning Policy
TPO Tree Preservation Order
Note: Case studies, diagrams, photos and other graphics are included in
this guide for illustrative purposes only and are not legally binding.
Rural Housing Code 1 Back to contents page.
Contents
Rural zones in the Codes SEPP ii
Abbreviations & Acronyms ii
Simplifying planning approvals in
New South Wales 2
Three paths to building or altering houses in
rural zones 2
Getting started 2
Complying development under the Rural
Housing Code 3
Four steps to building with a CDC 3
What is complying development? 5
Checking that your development complies 5
What is exempt development? 5
Getting a CDC 6
Additional requirements for complying development 6
Zones and minimum lot sizes 6
Complying development on excluded land 6
Process for assessing an application on bushfre
prone land 8
Process for assessing an application on food
control lots 9
Other required approvals 10
Complying development standards under the Rural
Housing Code 11
Lot requirement 11
Site coverage 11
Table 1
Rural housing code key development standards
by lot area 12
Maximum foor area - dwelling house by zone 13
Maximum foor area - outbuildings 13
Maximum foor area - balconies, decks, patios,
pergolas, terraces and verandahs 13
Building heights 13
Setbacks 14
Articulation zone 14
Privacy 15
Landscaping 15
Principal private open space 15
Car parking and access 16
Additional Standards 16
Excavation and retaining walls 16
Fill 16
Drainage 16
Swimming pools 17
Fences 17
Alterations and additions to an existing dwelling 18
Housing Alterations Code 18
Internal alterations 18
External alterations 18
Demolition Code 18
Limitations on the demolition or removal of a
dwelling house and ancillary development 18
Asbestos removal and disposal 18
Conditions for complying development 18
Notifying neighbours 19
Environmental sustainability - BASIX 19
Appendix A
Rural development allowed under the general
exempt development code 20
Appendix B
Land exclusions under the General Exempt
Development & Rural Housing Codes 22
The NSW Government has made getting a
development approval easier and much quicker. You
may now build a one or two storey home or build low
impact additions or alterations to your home without
needing a development application.
State Environmental Planning Policy (Exempt &
Complying Development Codes) 2008, is known
as the Codes SEPP.
The Codes SEPP brings together in a single,
comprehensive document: the General Exempt
Development Code, the General Development Code,
the General Housing Code, the Rural Housing Code,
the Housing Alterations Code and the Demolition
Code. By regulating complying development, the
Codes SEPP reduces red tape in the planning
process.
Three paths to building or altering
houses in rural zones
Under the NSW planning system, proposals for
housing development are either exempt, complying,
or requiring a development application (DA).
1. Exempt
Certain types of minor development do not need
planning or construction approval. They must
still meet the General Exempt Development
Code standards and other requirements,
legislation and codes including the provisions of
the Building Code of Australia (BCA).
2. Complying
If the proposal is not exempt, but meets the
development standards set out in the complying
development codes of the Codes SEPP, it may
be assessed by an accredited certifer (council
or private). If it meets all the requirements, a
complying development certifcate (CDC) will be
issued. In rural zones RU1, RU2, RU4 and R5
you need only a CDC to build a new house or
to alter or add to a house. In RU3 you need to
lodge a DA for approval to build a new house,
but you can do alterations and additions as
complying development.
3. Requiring a DA
To build a house which is neither exempt nor
complying, you need to lodge a DA for consent
to build with the relevant consent authority,
usually the local council.
This guide deals with complying development. Use
this guide to work out:
if the Codes SEPP applies
if your proposal meets the development
standards in the Codes SEPP
which other conditions, standards, approvals or
legislation apply.
Getting started
To help you work out whether your proposal is likely
to be exempt, complying, or needing a development
application, you should frst obtain three documents:
1. Section 149 planning certifcate
To fnd out whether your proposal is complying
development under the Codes SEPP, buy a copy
of the full section 149 certifcate from your local
council. This certifcate lists planning conditions
and constraints affecting your lot.
2. The certifcate of title
This verifes the size of the lot and lists any
easements or notations which may affect it. You
can download it from www.lpma.nsw.gov.au/
land_titles/property_search.
3. Survey plan
Essential to designing your house, this plan
is prepared by a registered surveyor. It shows
where easements, boundaries and houses on
adjoining lots are located as well as services,
contours and existing ground levels where
you plan to build. You need this information to
determine setbacks and building heights.

Simplifying Planning Approvals in
New South Wales
Complying development under the Rural
Housing Code
Four steps to building with a CDC
Start with questions
1
Ask council or a private accredited certifier:
Can I build a new house on my site?
Issues: zone, lot size
Could I get a CDC to build on my site?
Issues: constraints such as flood, bushfire or heritage listing, development standards - refer to Codes SEPP.
Proceed to Step 2.
S
T
E
P
Get organised
2
Buy 149 certificate from council.
Order a survey showing all information relevant to your site: contours, roads, ridgelines, any neighbouring
houses, easements.
Design your house plans to meet the requirements of the Codes SEPP.
Issues: setbacks, landscaping, BCA
Its a good idea to discuss your plans with your neighbours.
Get a BASIX certificate for your design.
Find out whether other permits are required, e.g. for tree removal or driveway crossing.
S
T
E
P
S
T
E
PLodge a CDC application
3
Council or a private accredited certifier will check your plans.
If your plans meet all requirements, a CDC is issued within 10 working days.
If your CDC is returned, you can either:
Amend your plans and lodge the CDC application again.
Lodge a DA with council.
Prepare to build
4
Appoint a principal certifying authority (PCA) to undertake inspections and issue an occupation certificate.
You must give your neighbours at least two days notice before you start building work. You may give them more
notice if you wish.
S
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P
IF YES
IF YES
4 steps to building with a Complying Development Certificate
To help decide whether your development is exempt or complying, you or your adviser may need to refer
to the Environmental Planning and Assessment Act 1979 (EP&A Act 1979) and Environmental Planning and
Assessment Regulation 2000 (EP&A Regulation 2000) as well as other legislation listed at
www.legislation.nsw.gov.au including:
Local Government Act 1993
Building Code of Australia (BCA)
Australian Standards (AS) (as relevant)
Home Building Act 1989
Standard Instrument Principal Local Environmental Plan
Roads Act 1993
Swimming Pools Act 1992
National Parks and Wildlife Act 1974
Conveyancing Act 1919
Protection of the Environment Operations Act 1991
Occupational Health & Safety Regulation 2001
Threatened Species Act 1995
Environmental Planning & Assessment Act 1979 Div 3, Part 4 and
Environmental Planning & Assessment Regulation 2000
Councils and private accredited certifers must be familiar with all relevant requirements of the EP&A Act
1979 and EP&A Regulation 2000. This legislation establishes administrative and process requirements,
including mandatory conditions for a complying development certifcate. The requirements set out in Part 7
Procedures relating to complying development certifcates of the EP&A Regulation 2000 include, but are
not limited to:
explaining how to apply for a CDC
confrming the right of an accredited certifer to require additional information
requiring a site inspection
setting a time limit for determining a CDC also refer to s85A (8) of the EP&A Act
stating compliance with the Building Code of Australia
specifying the requirements for certifcation on bushfre prone land
listing other conditions such as the requirements of the Home Building Act 1989, how to fulfl BASIX
requirements, and how to deal with asbestos.

What is complying development?
Complying development can be certifed as meeting
all the development standards set out in Part 1 of
the Codes SEPP. In general, complying development
must:
be permissible with consent in the land use zone
where you plan to build
satisfy the relevant provisions of the BCA
satisfy the land based requirements.
Checking that your development
complies
To smooth the path to certifcation, consult your local
councils building department, or a private accredited
certifer for advice before you start and during the
design process.
Most complying development is permissible under
the NSW planning system because it meets the
requirements of the Codes SEPP. Other complying
development may be permissible because it meets
the requirements of councils local environmental
plan (LEP) or development control plans (DCPs)
and other Environmental Planning Instruments
(EPIs) for complying development such as:
State Environmental Planning Policy
(Infrastructure) 2007
State Environmental Planning Policy (Affordable
Rental Housing) 2009
Note: NSW councils are adopting the Standard
Instrument as their LEP.
See www.planning.nsw.gov.au/
LocalEnvironmentalPlans/StandardInstrument/
tabid/247/Default.aspx
The information contained in this document is
correct as of the date of publication.
Please note the State Environmental Planning
Policy (Exempt and Complying Development
Codes) 2008 the Codes SEPP is frequently
updated, and this document will be updated
accordingly.
It is important to refer to the relevant provision
within the Codes SEPP for the current
requirements.
What is exempt development?
If you are doing small scale or minor building
works, you probably do not need formal planning
or construction approval. Your proposal must meet
the standards of the General Exempt Development
Code and relevant legislation, codes and
requirements including the provisions of the BCA.
The General Exempt Development Code lists
more than 40 domestic developments which are
exempt, including: air-conditioning units, balconies,
decks, pergolas, terraces, verandahs, cabanas,
cubby houses, ferneries, garden sheds, gazebos,
greenhouses, driveways, carports, farm buildings
and fences.
For information regarding technical requirements
for buildings, refer to the BCA, BASIX, the Home
Building Act and relevant Australian Standards and
other legislation.
Part 2 of the Codes SEPP lists all exempt
development types and applicable development
standards. See Appendix A. For more information
on exempt development click here.

Getting a CDC
The accredited certifer for a CDC is an accredited
certifer working for the local council or privately. The
Building Professionals Board oversees accredited
certifers. You can search the BPBs online database
to fnd an accredited certifer by local area or
accreditation category. See www.bpb.nsw.gov.au
Before you apply for a CDC, you need to get
approvals, licences and permits for various works
including: roadworks to create a driveway to your
property, drainage, tree removal, and, if applicable,
building in a mine subsidence area.
When you apply for a CDC, the certifer will assess
your development proposal against the development
standards. Unless you and the certifer agree to an
extension, the certifer must decide within 10 days
whether your proposal meets all the requirements
and to issue a CDC.
Building work may not commence before a CDC
has been issued and all relevant conditions satisfed,
such as notifcation to neighbours after the CDC has
been issued.
If your proposal does not meet the requirements
for a CDC, you can amend your plans to meet the
complying development requirements or lodge a DA
with the council. Councils controls may be different
to the Codes SEPP and you may need to change
your design in order to comply. Generally a DA will
take longer to assess and approve.
Additional requirements for
complying development
Apart from the requirements specifed for
development under the Codes SEPP, you need to
consider other legislative requirements for approvals,
licences, permits and authorities.
If a development is close to infrastructure, including
water, stormwater and sewer mains, gas, electricity
power lines and telecommunications facilities, you
should contact the relevant infrastructure authority
before commencing your development.
Zones and minimum lot sizes
The Standard Instrument or LEP defnes zones
and may set minimum lot sizes in each zone. For
complying development the lot you plan to build
a house on must be at least the minimum lot size
permitted for the erection of a dwelling house.
If a council has not yet made a LEP in accordance
with the Standard Instrument, complying
development can be carried out in an equivalent
zone.
You will know whether the LEP in force in your local
government area is a new Standard Instrument LEP
by the names given to the zones. RU1, RU2, RU3,
RU4 and RU5 are the new names for rural zones.
Tables of equivalent zones can be found on the
Housing Code website, click here.
Complying development on excluded
land
To fnd out if you can build a complying development
on your lot, refer to your section 149 certifcate. Even
if complying development is not allowed, you may
still be able to lodge a DA for consent to build on the
land.
There are three levels of exclusion:
1. General exclusions
Clause 1.4 of the Codes SEPP lists general
exclusions for land to which the Codes SEPP does
not apply:
where State Environmental Planning Policy
(Kosciuszko National Park - Alpine Resorts) 2007
applies
where State Environmental Planning Policy
(Western Sydney Parklands) 2009 applies
within 18km of land owned by the Australian
National University at Siding Spring where the
Orana Regional Environmental Plan No.1 - Siding
Spring applies
2. Land based exclusions
Some land is excluded from the Codes SEPP,
including environmentally sensitive land.
Refer to Appendix B for tables listing land where you
cannot build.
Although your lot may be subject to exclusions,
check with council as the part of your lot where you
want to build may not be affected by the exclusion.
3. Additional standards for particular
land
Examples are: bushfre prone land, food control lots,
and heritage conservation areas.
Complying development on bushfre prone
land
Under the Codes SEPP complying development may
occur on low risk bushfre prone land which is land
within a bushfre attack level (BAL) of 29 or lower.
A suitably qualifed consultant, your local council, or
the Rural Fire Service (RFS) will thoroughly assess
the bushfre risk and certify the bushfre attack level
(BAL) under the Planning for Bushfre Protection
Guidelines 2006.

The council or a private accredited certifer must
certify that the proposal complies with AS 3959-
2009 Construction of buildings in bushfre prone
land for its BAL category and with the standards
in the Codes SEPP. For a list of suitably qualifed
consultants see www.rfs.nsw.gov.au.
Complying development on food control lots
Under the Codes SEPP complying development is
allowed on some land where there is a low food risk.
Complying development is prohibited on foodways,
food storage areas, fowpaths and areas identifed in
local food plans as high hazard or high risk.
Development standards for low hazard food
control lots are specifed in the Rural Housing Code
(RHC). The local council or a professional engineer
specialising in hydraulic engineering must certify
that your proposed development complies with
the development standards for food control lots.
To fnd a suitably qualifed consultant see www.
engineersaustralia.org.au/.
Complying development in heritage
conservation areas
Most development in heritage or draft heritage
conservation areas requires a DA. However, some
minor development with minimal impact is permitted
as complying development under the Codes SEPP.

This includes:
Swimming pools located behind the rear
most building line and set back from the side
boundaries no less than the dwelling house.
Detached outbuildings located behind the rear
most building line and set back from the side
boundaries no less than the dwelling house.
Internal alterations.
External alterations to a part of a dwelling that is
single storey, a wall including a wall opening and
behind the rear most building line.
Critical habitat
Complying development is not allowed on land
which is a critical habitat for an endangered
species, population or ecological community under
the Threatened Species Conservation Act 1995 or
the Fisheries Management Act 1994 or land that
is subject to a property vegetation plan under the
Native Vegetation Act 2003.
Rural Housing Code 8 Back to contents
Process for assessing an application on bushfre prone land
Is the land bushfire prone?
1
Yes. You may be able to lodge a CDC application.
You can determine whether your land is bushfire prone from a s.149 certificate from your local council.
Go to step 2
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Is the bushfire risk categorised as high risk (i.e. BAL 40 or BAL FZ)?
2
Yes. A CDC application cannot be lodged on high risk bushfire prone land.
A DA would need to be lodged with the local council.
No. You may be able to lodge a CDC. You will still need to meet the bushfire development standards and specified development
requirements for complying development under the RHC.
A suitably qualified consultant or the council can identify the category of bush fire attack risk to determine whether your land is
suitable for a complying development.
It is best practice to establish the bushfire attack risk category of your land before designing your dwelling house or alterations
and additions. This will minimise additional costs of amending architectural and construction plans later on in the process.
Go to step 3
S
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P
S
T
E
PDoes the proposal comply with the bushfire development standards in the RHC?
3
Yes. If you meet the bushfire specific development requirements and development standards for complying development you can
lodge a CDC with the local council or a private accredited certifier.
A CDC should include all necessary and relevant information to enable the accredited certifier to issue the certificate.
Any CDC will need to meet all other relevant requirements and development standards of the Codes SEPP.
No. Consider amending the proposal, lodging a DA or consulting with your local council, a suitable qualified consultant or
accredited certifier for options.
Go to step 4
Do you meet all of the requirements for Complying Development in the Codes SEPP?
4
Yes. A CDC can be issued by the accredited certifier.
No. Consider amending the proposal, lodging a DA or consulting with your local council or accredited certifier for options.
S
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Process for assessing an application on bushfire prone land
Process for assessing an application on food control lots
Is the land a flood control lot?
1
Yes. You may be able to lodge a CDC.
You can determine whether your land is a flood control lot from a s.149 certificate from your local council.
Go to step 2
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Is the land identified as being a high hazard area, or: a floodway / a flood flowpath /
flood storage area / a high risk area?
2
Yes. A CDC cannot be lodged on high risk or high hazard flood control lots. A DA would need to be lodged with the local
council.
While a s.149 certificate will identify if your lot is a flood control lot, only the council or a suitably qualified person is able to
determine that the lot is not located within a high risk or high hazard area.
No. You may be able to lodge a CDC.
If a suitably qualified person or the council is unable to confirm that the area is not high risk or high hazard, then the
development cannot be considered as complying development.
Go to the next step if land is certified as not in a high risk or high hazard flood area.
S
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S
T
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PIs the land located within the flood planning area?
3
Yes. If the land is located in a flood planning area, flood related development standards will apply.
No. If the land is not located in a flood planning area, there are no additional flood related development standards applicable to a
CDC.
Only a council or a suitably qualified person can determine if the lot is located within a flood planning area.
Go to the next step.
Does the proposal comply with the flood control lot development standards in the Codes SEPP?
4
Yes. If the development standards for flood control lots are all met, the CDC can be issued by the local council or a private
accredited certifier.
Only a council or a suitably qualified person can certify that the proposed development meets the applicable standards.
The development standards include, but are not limited to:
minimum floor level of habitable room above FPL as provided by the local council (including consideration of sea level rise
impacts where relevant),
the part of the development below the habitable floor level is of flood compatible material,
a registered structural engineer or a registered civil engineer with significant hydrological and hydraulics experience confirms the
development can withstand the forces of floodwater, debris and buoyancy up to the flood planning level,
the council or a registered civil engineer with significant hydrological and hydraulics experience confirms that the development
will not increase flood affectation elsewhere in the floodplain,
reliable access for pedestrians or vehicles is available from the development to a safe refuge,
open car parking spaces or carports are no lower than the 20-year flood level,
the driveways between car parking spaces and the connecting public roadway will not be inundated by a depth of water
greater than 0.3m during a 1:100 ARI (average recurrent interval) flood event.
The full standards are set out in the Codes SEPP.
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Do you meet all of the requirements for Complying Development in the Codes SEPP?
5
Yes. A CDC can be determined.
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Process for assessing an application on flood control lots
Other required approvals
Before a CDC can be issued, you must get approvals
for various works.
Driveway access
Your house must have lawful direct access (via
direct frontage or right of carriageway, but not via
a crown road reserve) to a public road which is
owned and maintained by the local council.
If you require any works to be done for the
construction of a new driveway crossing or
alterations to the pavement, you need to get a
separate approval from council under section 138
of the Roads Act 1993.
Drainage
You may also need approval from the council or
local water authority for water supply, sewerage and
stormwater drainage works.
Tree removal
You can remove some trees without obtaining council
approval in association with your CDC. However you
must obtain council approval if the tree is:
located 3 metres or more from the development
or
is 6 metres or greater in height
or
is listed on a register of signifcant trees kept by
the council.
Mine subsidence
The section 149 certifcate will note if your lot is
located in a mine subsidence area identifed under
the Mine Subsidence Compensation Act 1961. If
it is, your proposal must be approved by the Mine
Subsidence Board before you can lodge a CDC
application.
The setback, building height, site coverage, and
foor area requirements for a dwelling house vary
depending on the zoning and size of the land.
Site coverage means how much of your lot may
be built on. Rural lots are generally larger, so there
is more room to place a house on a lot without
needing to work out whether the percentage of the
site being developed is too great. In R5 (rural village),
site coverage standards apply only to lots which are
under 4000m.
Development standards under the RHC are not
as restrictive as those under the General Housing
Code. This is because a rural site of, say, 40 hectares
can be developed without having an impact on the
neighbours as much as in a suburban area. In RU1
RU4 and R5 there are fewer development standards.
The following table shows the key development
standards you must meet when building a new house
or altering or adding to an existing dwelling house
under the Codes SEPP. Check the Codes SEPP for
full details of the standards.
(3A.9) Lot requirements
The development standards for R5 zoned lots under
4000m maintain the residential character of these
lots. In R5 zone, lots must be at least 18m wide at
the building line. The exception is battle-axe lots,
which must have an access laneway at least 3m wide
and must measure at least 12m x 12m (excluding the
access laneway).
(3A.10) Site coverage
The total area of the lot to be covered by a
dwelling house and all ancillary development
(e.g. carport, garage, shed) varies from 30% for
lots in R5 zones which are under 4000m, to
no maximum for lots in R5, RU1, RU2 and RU4
zones which are 4000m and over.
The site area of battle axe lots excludes access
handles.
In RU3 zones, new dwelling houses cannot be
approved as complying development. There is no
limit on site coverage for alterations and additions
and ancillary development to an existing dwelling
house in an RU3 zone, on a lot which is at least
4000m.
Complying development standards under
the Rural Housing Code (RHC)
5m
100m
Where party wall
exposed by demolition
of existing building
party wall is required
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
SIDE & REAR SETBACKS
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105 RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
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42
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40
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45
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39
Area included
as site coverage
FiGuRE 1 AREA INCLUDED AS SITE COVERAGE FOR LOTS
IN R5 ZONES LESS THAN 4,000M
Table 1. RuRAL HOuSiNG CODE KEY DEVELOPMENT STANDARDS BY LOT AREA
Lot Zone
Lot Area
R5
<4000m
Ru1, Ru2, Ru4, R5
>4000m
Ru1, Ru2, Ru3. Ru4, R5
>4000m
Development type
New dwelling house,
alterations and additions,
ancillary development
New dwelling house Alterations and additions,
ancillary development
Maximum site coverage
1
(FiG 1)
30% No maximum No maximum
Maximum foor area for
dwelling house
(FiG 2)
430m No maximum No maximum
Maximum height of a
dwelling house
(FiG 3)
8.5m - must be at
least 5m below highest
ridgeline of any hill within
100m
10m - must be at least
5m below highest
ridgeline of any hill
within 100m
10m - must be at least 5m
below highest ridgeline of
any hill within 100m
Minimum front setback
for lots on non-classifed
roads
(FiG 5 + 6)
Average of nearest two
dwelling houses within
40 m of lot, or within 10 m
where two dwellings are
not located within
40 m of lot
15m (R5)
30m (RU4)
50m (RU1 & RU2)
15m (R5)
30m (RU4)
50m (RU1 - RU3)
Side setback
2.5m 10m 10m
Rear setback
15m 15m 15m
Minimum landscape
area
(FiG 9)
45% of lot No minimum No minimum
Maximum foor area for
an outbuilding
500m - agricultural use,
otherwise 100m
No maximum No maximum
Maximum height for an
outbuilding
4.8m 4.8m 4.8m
Minimum car parking
1 car space No minimum Where existing, 1 car
space
Principal private open
space
(FiG 10)
24m - minimum 3m wide No requirement No requirement
1. The site area of battle axe lots excludes access handles.

(3A.11) Maximum foor area dwelling
house by zone
The maximum foor area for a new dwelling house on
an R5 zoned lot under 4000m is 430m. To work out
how to calculate the foor area of a dwelling house,
check the defnition for foor area in the Codes
SEPP.

(3A.12) Maximum foor area outbuildings
The maximum foor area for an outbuilding on an R5
zoned lot under 4000m is 500m if the outbuilding is
for agricultural use and 100m for any other use.
(3A.13) Maximum foor area balconies,
decks, patios, pergolas, terraces and
verandahs
At ground level there are no limits other than those
relating to site coverage and setbacks.
If the foor level of balconies, decks, patios, pergolas,
terraces and verandahs attached to a dwelling house
is more than 3m above existing ground level on an
R5 zoned lot under 4000m, the maximum foor area
is 12m.

(3A.14) Building heights
Maximum building heights protect the character
of rural areas. In areas with signifcant regional
landscapes, height limits safeguard views of
signifcant ridgelines. Any new dwelling house or
alterations and additions must be located at least
5 metres below the highest ridgeline or hill within
100m of the house.
The maximum height for a dwelling house in a
rural zone is 10m, except for lots in R5 zones
which are under 4000m where the maximum
height is 8.5m.
The maximum height for an outbuilding in any
zone is 4.8m.
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105 RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
page
42
page
40
page
45
page
39
FiGuRE 2 AREA INCLUDED AS FLOOR AREA
FOR LOTS IN R5 ZONES LESS THAN 4000m
2
Area included as
foor area
FiGuRE 3 NEW DWELLINGS MUST BE LOCATED 5 METRES
BELOW THE HIGHEST RIDGELINE WITHIN 100M OF
THE DWELLING
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L
1
0
5
R
L
1
0
4
R
L
1
0
3
R
L
1
0
2
Floor above
RL 105 RL 102
Deck
1m
1
.4
m
0
.6
m
page 32
page
42
page
40
page
45
page
39
FiGuRE 4 MAXIMUM BUILDING HEIGHT
Building height varies at
different points
1
0
m

m
a
x

Outbuilding
Dwelling
house
Ground level (existing)
B
u
i
l
d
i
n
g

h
e
i
g
h
t
B
u
i
l
d
i
n
g

h
e
i
g
h
t
(3A.15-20) Setbacks
Setbacks determine the relationship of a dwelling to
the street and neighbouring houses.
The front setback is the distance between your
house and the boundary of your lot to the primary
street frontage. This setback ensures your house fts
with the surrounding built form and landscape. In
rural areas front setbacks are generous.
The front setback is a set distance for RU1 RU4
and R5 zoned lots which are at least 4000m.
For new houses on lots in R5 zones under 4000m,
the front setback is the average of the nearest
two dwellings within 40m. Where this cannot be
measured, it is 10m.
Side and rear setbacks are set to ensure adequate
separation between houses.
Setbacks of outbuildings from side and rear
boundaries depend on their use. Agricultural uses
must be set back 10m. Non-agricultural outbuildings
must be set back by 5m.

(3A.21-22) Articulation zone
This applies only to the front setbacks of R5 zoned
lots under 4000m.
Unless it is on a battle-axe lot, a dwelling house must
have a front door and a window to a habitable room
in the wall that faces a primary road.
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105 RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
page
42
page
40
page
45
page
39
5.5m
8.5m
7.0m
min
Existing dwelling
house within
40m of new
house
Existing dwelling
house within
40m of new
house
FiGuRE 6 IN ESTABLISHED STREETS THE FRONT SETBACK
WILL RELATE TO THOSE OF NEIGHBOURING
HOUSES ON LAND ZONED R5 LESS THAN 4000m
2
Do not
include
this
dwelling
house
Do not include carports/garages
Do not include articulation zones
Proposed
dwelling
house
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105
RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
page
42
page
40
page
45
page
39
FiGuRE 7 ARTICULATION ZONE
Max 25%
of dwelling
width
1.5m
A
r
t
i
c
u
l
a
t
i
o
n

z
o
n
e
Front building line
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105 RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
page
42
page
40
page
45
page
39
FiGuRE 5 FRONT SETBACK WHERE THERE ARE NO
DWELLING HOUSES WITHIN 40m.
P
r
i
m
a
r
y

r
o
a
d
Vacant lot
Vacant lot
Primary road
setback varies
with lot type
Looks over the street
from habitable room
(3A.23) Privacy
This standard applies only to R5 zoned lots under
4000m.
A new window must have a privacy screen if:
it is a window in a habitable room (other than a
bedroom) with a foor level more than 1 m above
ground level
the wall is set back less than 3m from a side or
rear boundary, and
the window has a sill height of less than 1.5m.
A balcony, deck, patio etc must have a privacy
screen if:
it is set back less than 3m from a side or rear
boundary
is more than 3m
2
in foor area, and
has a foor level more than 1m above ground
level.

(3A.24) Landscaping
No minimum landscaped area applies to RU1
RU4 and R5 zoned lots at least 4000m.
At least 45% of the site in R5 zones on lots under
4000m must be landscaped. At least half the
front yard must be landscaped. The minimum
dimension for the landscaped area is 2.5m.
(3A.25) Principal private open space
R5 zoned lots under 4000m must have a private
open space at least 3m wide and with a minimum
area of 24m.
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105 RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
page
42
page
40
page
45
page
39
< 3m
Floor level
Privacy screen
>

1
.
5
m
FiGuRE 8 PRIVACY REqUIREMENTS
FiGuRE 9 LANDSCAPED AREA ON LAND ZONED R5 LESS THAN
4000m
2
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105
RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
page
42
page
40
page
45
page
39
Primary road
2.5m min
dimension to
be included
as landscape
area.
At least 50% of
the landscaped
area must be
located in front
of the building
line to the
primary road
FiGuRE 10 PRINCIPAL PRIVATE OPEN SPACE ON
LAND ZONED R5 LESS THAN 4000m
2
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105
RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
page
42
page
40
page
45
page
39
Principal
private
open
space
Living
area
(3A.26) Car parking and access
A car parking space may be a garage, carport, or
open car parking space
A new house on an R5 zoned lot under 4000m
must have at least one off-street car parking
space.
For alterations and additions where there is an
existing car space, at least one off-street space
must be retained.
Additional Standards

(3A.29) Excavation and retaining walls
The maximum depth of excavation on a lot which
contains a dwelling house is 2m.
A retaining wall must not extend more than 2m
beyond the external wall of the dwelling house or
ancillary development.
Excavation associated with swimming pools must
not exceed the depth of the pool structure.
To check standards for the design of retaining
walls, see RHC and Exempt Development Code.
(3A.30) Fill
Fill associated with a dwelling house or ancillary
development must comply with the following
standards and be contained within the footprint of
the external walls of the building or within a retaining
wall which:
must be no higher than 1m (including batters)
above existing ground level
does not redirect any surface water fow on to
adjoining property.
Exposed fll constructed using an unprotected
embankment (where the dwelling house is set back
more than 2m from a side or rear boundary) requires
that:
the fll be no higher than 0.6m above existing
ground level
the fll, but not the head of the embankment,
be within 1m of an external wall of the dwelling
house or ancillary development
the toe of the embankment has a setback of
more than 0.4m from a side or rear boundary.

Note: For fll outside the building footprint refer also to the
standards for exempt development.
(3A.32) Drainage
All stormwater and surface water runoff collected
as a result of the construction of a new dwelling,
alterations and additions to an existing dwelling, or
ancillary development must be conveyed by a gravity
fed or pumping system to either:
a public drainage system
an inter allotment drainage system
an on-site disposal system where approved.
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105
RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
page
42
page
40
page
45
page
39
FiGuRE 11 FILL AND EXCAVATION WITH RETAINING WALLS
2m max
cut beyond
external wall
2m max
cut
Fill contained
within external
wall
Existing ground
level
4m max
unprotected
cut beyond
external wall
Existing ground level
FiGuRE 12 FILL AND EXCAVATION WITH UNPROTECTED
EMBANKMENTS
Max 1m fll
Max 1m
retaining
wall
0.4m setback
0.6m
max
fll
To connect to a public or inter-allotment drainage
system, you must either:
comply with the requirements of the DCP
applicable to the land or
seek council approval under section 68 of the
Local Government Act.
(3A.33) Swimming Pools
Swimming pools may be constructed as complying
development only when ancillary to a new or existing
dwelling house. When constructing a swimming pool
on a lot containing a dwelling house, the following
standards apply:
the swimming pool must be located in the rear
yard or behind the front building line
the waters edge must be at least 1m from side
and/or rear boundary/ies
the pool coping must be no more than 1.4m
above existing ground level; if it is more than 0.6m
above existing ground level, the coping must
have a maximum width of 0.3m
decking associated with a pool must be no more
than 0.6 above the existing ground level
waste waters from the pool must be discharged
in accordance with the relevant authoritys
requirements
pumps associated with the pool must be
located in a soundproof enclosure to meet the
requirements of the Protection of the Environment
Operations Regulation.
(3A.34) Fences
Fences between the front setback and the dwelling
house facing a primary road must be no higher than
1.2m. The upper two thirds of the fence must be at
least 50% open construction. Other fences must be
no higher than 1.8m.
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105
RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
page
42
page
40
page
45
page
39
FiGuRE 13 SWIMMING POOLS
5m
100m
Where party wall
to be protected.
Part demolished
dwelling
No demolition to
occur forward of
ridge line or
within 6m of front
building line
Existing roof ridge
Proposed addition
6m
1m
Basement
R
L

1
0
5
R
L

1
0
4
R
L

1
0
3
R
L

1
0
2
Floor above
RL 105
RL 102
Deck
1m
1
.
4
m
0
.
6
m
page 32
page
42
page
40
page
45
page
39
FiGuRE 14 FENCE CONTROLS
Upper 2/3
of fence
50% open
construction
1.2m
max
Front
setback
Fences behind building
line maximum 1.8m
Housing Alterations Code

(4.1-4.2) internal alterations
Internal alterations to an existing dwelling house or
ancillary development associated with a dwelling
house may be carried out under the Housing
Alterations Code.
You may not alter the interior of an existing dwelling
or ancillary development to add a separate dwelling
such as a fat.

(4.3-4.4) External alterations
Under the Housing Alterations Code, external works
to a dwelling house or ancillary development must
not change the foor area or the footprint of the
dwelling house.
Demolition Code
Generally, a dwelling house, ancillary development
associated with a dwelling house or a swimming pool
may be demolished under the Demolition Code.

(7.1-7.2) Limitations on the demolition or
removal of a dwelling house and ancillary
development
A heritage item, draft heritage item, or dwelling
within a heritage conservation area or draft heritage
conservation area may not be demolished under the
Codes SEPP.
In a heritage conservation area or draft heritage
conservation area you may demolish:
a detached outbuilding up to 20m
2
and

located
behind the rear and side most building line of
the dwelling house and no closer to each side
boundary than the dwelling house
internal elements of a dwelling in a heritage
conservation area or draft heritage conservation
area
external parts of a dwelling relating to works
carried out under the Housing Alterations Code.
All essential services must be disconnected
in accordance with the relevant authoritys
requirements.
A permit or development consent may be required to
remove or prune trees or other vegetation. Consult
your local council.
Asbestos removal and disposal
The EP&A Regulation 2000 includes a complying
development condition for asbestos removal.
To comply with your certifcate you must meet the
requirements for the safe handling and removal of
asbestos by a licensed contractor in accordance with
Occupational Health and Safety Regulation 2001 and
the Australian Standard for demolition of structures.
Conditions for complying
development
When building a complying development, you must
comply with the conditions under the Codes SEPP
and in the EP&A Regulation including the conditions
in:

(3A.39 3A.48) if you are building under
the RHC
(4.7 - 4.11) if you are building under the
Housing Alterations Code
(7.3 - 7.11) if you are undertaking
demolition work under the Demolition
Code

Alterations and additions to an existing
dwelling
Notifying neighbours
The standards in the Codes SEPP require new
houses to be built in a way which considers the
amenity and privacy of neighbours. You have to notify
your neighbours of complying development at least
two days before commencement of site work. You
are not required to ask your neighbours to comment
on your development before your CDC is issued.
However, it is a good idea to talk about the design of
your proposed development with your neighbours.
To avoid confict later on, it is best to do this from an
early stage.
People have different views on how a development
may affect them. Being positive and having an open
mind about your neighbours opinions will help
achieve a good result.
Environmental sustainability BASIX
A new house or alterations and additions with a
total estimated cost of $50,000 or more must have
a BASIX Certifcate before it can get be approved.
BASIX sets key standards for using less energy
and water and having cross ventilation and good
insulation. Criteria assessed under BASIX include the
way the house faces and how it relates to its garden.
For further information about BASIX see www.basix.
nsw.gov.au.
Appendix A
Rural Development Types under the General
Exempt Development Code
Summary - Rural Development Types under the General Exempt Development Code
Development types Relevant clauses
Access ramps 2.1, 2.2
Aerials and antennae 2.3, 2.4
Air-conditioning units 2.5, 2.6
Animal shelters 2.6A, 2.6B
Aviaries 2.7, 2.8
Awnings, blinds and canopies 2.9, 2.10
Balconies, decks, patios, pergolas, terraces and verandahs 2.11, 2.12
Barbecues & other outdoor cooking structures 2.13, 2.14
Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses 2.17, 2.18
Carports 2.19, 2.20
Clothes hoists and clothes lines 2.21, 2.20
Communications dishes (radio and satellite) 2.23, 2.24
Demolition 2.25, 2.26
Driveways 2.27, 2.28
Earthworks and retaining walls 2.29, 2.30
Emergency works and temporary repairs 2.30AA, 2.30
Evaporative cooling units (roof mounted) 2.30A, 2.30B
Farm buildings and structures 2.31, 2.32
Fences (non-rural) behind the building line 2.33, 2.34
Fences (non-rural) forward of the building line 2.35, 2.36
Fences (rural) 2.37, 2.38
Filming 2.38A, 2.38
Flagpoles 2.39, 2.40
Fowl and poultry houses 2.41, 2.42
Fuel tanks and gas storage 2.4AA, 2.42AB
Garbage bin storage enclosure 2.42A, 2.42B
Hard stand spaces 2.42C, 2.42D
Home businesses, home industries and home occupations 2.43, 2.44
Home-based child care 2.45, 2.46
Hot water systems 2.46A, 2.46B
Landscaping structures 2.47, 2.48
Letterboxes 2.49, 2.50
Maintenance of buildings in draft Heritage Conservation Areas 2.50A, 2.50
Minor building alterations (internal) 2.51, 2.52
Minor building alterations (external) 2.53, 2.54
Pathways and paving 2.55, 2.56
Playground equipment 2.57, 2.58
Summary - Rural Development Types under the General Exempt Development Code
Development types Relevant clauses
Portable swimming pools and spas and child-resistant barriers 2.59, 2.60
Privacy screens 2.61, 2.62
Rainwater tanks (above ground) 2.63, 2.64
Rainwater tanks (below ground) 2.65, 2.66
Scaffolding, hoardings and temporary construction site fences 2.67, 2.68
Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs) 2.69, 2.70
Shade structures of canvas, fabric, mesh or the like 2.71, 2.72
Signage (replacement of identifcation signs) 2.72A, 2.72B
Skylights, roof windows, ventilators 2.73, 2.74
Subdivision 2.75, 2.76
Temporary builders structures 2.77, 2.78
Temporary structures (other than tents and marquees), temporary alterations and
additions to buildings, or works solely for flming purposes
2.78A, 2.78
Tennis courts 2.78C, 2.78D
Tents or marquees used solely for flming purposes 2.78E, 2.78D
Water features and ponds 2.79, 2.80
Windmills 2.81, 2.82
Appendix B
Land Exclusions under the General Exempt
Development & Rural Housing Codes
Table 3. Summary - Land Exclusions under the General Exempt Development Code
Clause Land
S76 of EP&A Act Land that is critical habitat of an endangered species, population or ecological
community (identifed under the Threatened Species Conservation Act 1995 or the
Fisheries Management Act 1994).
Land within a wilderness area (identifed under the Wilderness Act 1987).
1.16 Meet the relevant provisions of the Building Code of Australia.
Must not be designated development as defned under section 77A of the EP&A Act.
Land that comprises, or on which there is, an item that is listed on the State Heritage
Register under the Heritage Act 1977 or that is subject to an interim heritage order under
the Heritage Act 1977.
Must not involve removal or pruning of a tree or vegetation unless approval is obtained
where required.
1.19 Land described or otherwise identifed on a map specifed in Schedule 4 of the Codes
SEPP.
Land identifed as an environmentally sensitive area being;
the coastal waters of the State,
a coastal lake,
land to which State Environmental Planning Policy No 14 - Coastal Wetlands or
State Environmental Planning Policy No 26 - Littoral Rainforests applies and land
within 100m,
land reserved as an aquatic reserve under the Fisheries Management Act 1994 or
as a marine park under the Marine Parks Act 1997 and land within 100m,
land within a wetland of international signifcance declared under the Ramsar
Convention on Wetlands or within a World heritage area declared under the World
Heritage Convention and within 100m,
land identifed in this or another environmental planning instrument as being of high
Aboriginal cultural signifcance or high biodiversity signifcance,
land reserved under the National Parks and Wildlife Act 1974 or land to which Part
11 of that Act applies,
land reserved or dedicated under the Crown Lands Act 1989 for the preservation of
fora, fauna, geological formations or for other environmental protection purposes,
land identifed as being critical habitat under the Threatened Species Conservation
Act 1995 or Part 7A of the Fisheries Management Act 1994.
Table 3. Summary - Land Exclusions under the Rural Housing Code
Clause Land
1.17A Development that requires concurrence.
Land that is critical habitat.
Land within a wilderness area (identifed under the Wilderness Act 1987).
Land that comprises, or on which there is, an item of environmental heritage that is
listed on the State Heritage Register or that is subject to an interim heritage order under
the Heritage Act 1977 or that is identifed as an item of environmental heritage in an
environmental planning instrument.
Land identifed as an environmentally sensitive area being:
the coastal waters of the State,
a coastal lake,
land to which State Environmental Planning Policy No 14 - Coastal Wetlands or
State Environmental Planning Policy No 26 - Littoral Rainforests applies and land
within 100m,
land reserved as an aquatic reserve under the Fisheries Management Act 1994 or
as a marine park under the Marine Parks Act 1997 and land within 100m,
land within a wetland of international signifcance declared under the Ramsar
Convention on Wetlands or within a World heritage area declared under the World
Heritage Convention and within 100m,
land identifed in this or another environmental planning instrument as being of high
Aboriginal cultural signifcance or high biodiversity signifcance,
land reserved under the National Parks and Wildlife Act 1974 or land to which Part
11 of that Act applies,
land reserved or dedicated under the Crown Lands Act 1989 for the preservation of
fora, fauna, geological formations or for other environmental protection purposes,
land identifed as being critical habitat under the Threatened Species Conservation
Act 1995 or Part 7A of the Fisheries Management Act 1994.
Table 3. Summary - Land Exclusions under the Rural Housing Code
Clause Land
1.19 Land identifed as an environmentally sensitive area.
Land that comprises, or on which there is, an item that is a draft heritage item.
Land that is within a heritage conservation area of a draft heritage conservation area,
unless the development is a detached outbuilding or swimming pool.
Land that is reserved for a public purpose in an environmental planning instrument and
identifed on an Acid Sulfate Soils Map as being Class 1 or Class 2.
Land that is subject to a biobanking agreement under Part 7A of the Threatened Species
Conservation Act 1995 or a property vegetation plan under the Native Vegetation Act
2003.
Land in a foreshore area.
Land that is in the 25 ANEF contour or a higher ANEF contour, unless the development is
only for the erection of ancillary development, the alteration of or an addition to ancillary
development or the alteration of a dwelling house.
Unsewered land to which Drinking Water Catchments Regional Environmental Plan No 1
applies, or
Unsewered land in any other drinking water catchment identifed in any other
environmental planning instrument.
Land that is declared to be a special area under the Sydney Water Catchment
Management Act 1998.
Excluded land identifed by an environmental planning Instrument being:
within a buffer area,
within a river front area,
within an ecologically sensitive area,
environmentally sensitive land,
within a protected area, or
land identifed by an environmental planning instrument, a development control plan
or a policy adopted by the council as being a coastal erosion hazard.

Guide To Complying Development Under The Rural Housing Code

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Guide To Complying Development Under The Rural Housing Code

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Guide to Complying Development

under the Rural Housing Code

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