Changes commencing August 29th, 2025
Comparing the consolidation as at August 15th, 2025 with August 29th, 2025 · 16 changes
Requirements for complying development under this code pt 3BA, div 2: Ins 2025 (355), Sch 1[6]. 3BA.3 Development that is complying development under this code (1) This clause applies to land in Zone R1 General Residential, Zone R2 Low Density Residential and Zone R3 Medium Density Residential. (2) Development for the purposes of dual occupancies and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as— (a) “Semis 01 by Anthony Gill Architects”, or (b) “Semis 02 by Sibling Architecture”. (3) Development for the purposes of manor houses and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Manor Homes 01 by Studio Johnston”. (4) Development for the purposes of multi dwelling housing and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Row Homes 01 by SAHA”. (5) Development for the purposes of multi dwelling housing (terraces) and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as— (a) “Terraces 01 by Carter Williamson”, or (b) “Terraces 02 by Sam Crawford Architects”, or (c) “Terraces 03 by Officer Woods Architects”, or (d) “Terraces 04 by Other Architects x NMBW”. (6) Development for the purposes of secondary dwellings associated with development carried out under subclause (5)(d) is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Terraces 04 by Other Architects x NMBW”. Note— Clauses 1.17A, 1.18 and 1.19 set out additional requirements for complying development. (7) Subclauses (2)–(5) do not apply to a lot if— (a) the size of the lot is less than— (i) if the development is for the purposes of dual occupancies—the minimum lot size for the erection of dual occupancies under an environmental planning instrument applying to the lot, or (ii) if the development is for the purposes of manor houses—the minimum lot size for the erection of manor houses under an environmental planning instrument applying to the lot, or (iii) if the development is for the purposes of multi dwelling housing—the minimum lot size for the erection of multi dwelling housing under an environmental planning instrument applying to the lot, or (iv) if the development is for the purposes of multi dwelling housing (terraces)—the minimum lot size for the erection of multi dwelling housing (terraces) under an environmental planning instrument applying to the lot, or (b) the lot will not have lawful access to a public road at the completion of the development. (8) Subclause (7)(a) does not apply to a lot if the lot is on land within the low and mid rise housing area. (9) In this clause— low and mid rise housing area has the same meaning as in State Environmental Planning Policy (Housing) 2021 , Chapter 6. cl 3BA.3: Ins 2025 (355), Sch 1[6]. 3BA.4 Torrens title subdivision of land (1) This clause applies to land on which development for the purposes of dual occupancies, multi dwelling housing or multi dwelling housing (terraces) has been or will be carried out, but only if no part of a dwelling is located above any part of another dwelling. (2) If a single complying development certificate application proposes both the erection of a building to which this clause applies and the Torrens title subdivision of the land on which the development will be carried out, the subdivision of the land is complying development. (3) A Torrens title subdivision of land is also complying development if development located on the land satisfies the following— (a) the development is development to which this clause applies, (b) the development is development for which a complying development certificate has been issued under this part. (4) Subclauses (2) and (3) do not apply unless— (a) there will be only 1 dwelling on each resulting lot at the completion of the development, and (b) dual occupancies, multi dwelling housing or multi dwelling housing (terraces) are permissible, with consent, under an environmental planning instrument applying to the land. (5) Subclause (4)(a) does not apply if the development that has or will be carried out on the land includes a secondary dwelling permitted by clause 3BA.3(6). or clause 3BA.14(2). (6) A
Requirements for complying development under this code pt 3BA, div 2: Ins 2025 (355), Sch 1[6]. 3BA.3 Development that is complying development under this code (1) This clause applies to land in Zone R1 General Residential, Zone R2 Low Density Residential and Zone R3 Medium Density Residential. (2) Development for the purposes of dual occupancies and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as— (a) “Semis 01 by Anthony Gill Architects”, or (b) “Semis 02 by Sibling Architecture”. (3) Development for the purposes of manor houses and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Manor Homes 01 by Studio Johnston”. (4) Development for the purposes of multi dwelling housing and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Row Homes 01 by SAHA”. (5) Development for the purposes of multi dwelling housing (terraces) and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as— (a) “Terraces 01 by Carter Williamson”, or (b) “Terraces 02 by Sam Crawford Architects”, or (c) “Terraces 03 by Officer Woods Architects”, or (d) “Terraces 04 by Other Architects x NMBW”. (6) Development for the purposes of secondary dwellings associated with development carried out under subclause (5)(d) is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Terraces 04 by Other Architects x NMBW”. Note— Clauses 1.17A, 1.18 and 1.19 set out additional requirements for complying development. (7) Subclauses (2)–(5) do not apply to a lot if— (a) the size of the lot is less than— (i) if the development is for the purposes of dual occupancies—the minimum lot size for the erection of dual occupancies under an environmental planning instrument applying to the lot, or (ii) if the development is for the purposes of manor houses—the minimum lot size for the erection of manor houses under an environmental planning instrument applying to the lot, or (iii) if the development is for the purposes of multi dwelling housing—the minimum lot size for the erection of multi dwelling housing under an environmental planning instrument applying to the lot, or (iv) if the development is for the purposes of multi dwelling housing (terraces)—the minimum lot size for the erection of multi dwelling housing (terraces) under an environmental planning instrument applying to the lot, or (b) the lot will not have lawful access to a public road at the completion of the development. (8) Subclause (7)(a) does not apply to a lot if the lot is on land within the low and mid rise housing area. (9) In this clause— low and mid rise housing area has the same meaning as in State Environmental Planning Policy (Housing) 2021 , Chapter 6. cl 3BA.3: Ins 2025 (355), Sch 1[6]. 3BA.4 Torrens title subdivision of land (1) This clause applies to land on which development for the purposes of dual occupancies, multi dwelling housing or multi dwelling housing (terraces) has been or will be carried out, but only if no part of a dwelling is located above any part of another dwelling. (2) If a single complying development certificate application proposes both the erection of a building to which this clause applies and the Torrens title subdivision of the land on which the development will be carried out, the subdivision of the land is complying development. (3) A Torrens title subdivision of land is also complying development if development located on the land satisfies the following— (a) the development is development to which this clause applies, (b) the development is development for which a complying development certificate has been issued under this part. (4) Subclauses (2) and (3) do not apply unless— (a) there will be only 1 dwelling on each resulting lot at the completion of the development, and (b) dual occupancies, multi dwelling housing or multi dwelling housing (terraces) are permissible, with consent, under an environmental planning instrument applying to the land. (5) Subclause (4)(a) does not apply if the development that has or will be carried out on the land includes a secondary dwelling permitted by clause 3BA.3(6). or clause 3BA.14(2). (6) A
Based on content from the New South Wales Legislation website sourced at 2025-08-29. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.
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