Exempt/Complying Development Code

State Environmental Planning Policy (exempt and complying development codes) 2008

NSW Housing Code

The NSW Government, as part of its ongoing planning reforms, has released the first stage of the NSW Housing Code. The Housing Code may provide more timely assessment for detached houses and house extensions.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 has state wide application and came into force on 27 th February 2009. The Housing Code has 2 components – complying development and exempt development.

Complying Development and Exempt Development

There are currently 115 different exempt and complying codes throughout NSW and the Housing Code aims to simplify the assessment process for certain types of development.

The complying development code outlines how some developments can be approved by Council or a private certifier within 10 days. The complying development code applies to the construction of new detached housing, housing extensions for single and two storey houses and other ancillary development on land 450 sq/m and greater.

The exempt development code outlines a series of standards for 41 different types of development – allowing them to proceed as exempt development without planning approval. Exempt development typically covers small scale structures associated with a dwelling such as sheds, pergolas, fences, solar hot water heaters and fixed barbeques.

Along with the set criteria each development must meet in order to be deemed exempt development there are exclusions to the code including state heritage items and environmentally sensitive areas.

Note: The previous SEPP 60 (Exempt and Complying Development) runs concurrently with the new SEPP until 27 th February 2010 when it will no longer apply.

Further Information

A copy of the Codes SEPP is available at www.planning.nsw.gov.au/housingcode

Further information on the General Housing Code is also available from the above mentioned website.

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NSW State Policies