The NSW Housing Code came into effect on 27 February 2009 as a result of the gazettal of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Under the Housing Code, certain types of development (such as alterations, improvements and landscaping works to residential properties) are identified as exempt development and provided they fit within the specified standards in the SEPP, can be carried out without development consent.

The Housing Code also identifies certain types of development (including detached dwellings, home extensions and swimming pools) as complying development which may be undertaken with a Complying Development Certificate, rather than development consent, provided certain development standards in the SEPP are met and provided the site is compatible.

Please note that complying development cannot be undertaken on sites which are:

• flood affected;
• contain heritage items, draft heritage items or are located within a heritage conservation area or draft conservation area;
• listed on the State Heritage Register or are subject to an interim heritage order under Heritage Act;
• identified as containing acid sulfate soils;
• reserved for a public purpose; or
• environmentally sensitive.

You can confirm whether your property qualifies for complying development by obtaining a section 149(2) certificate from Council. To download an application form click here.

To download an application form for a Complying Development Certificate click here or for further information contact Council on 9748 9999.

For further information on the NSW Housing Code or to obtain a copy of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 click here.