General Housing Code
The NSW General Housing Code outlines how residential developments, including detached single and double store dwellings, home extensions and ancillary development can proceed as complying development.
The General Housing Code now allows the following as complying development:
- A new house or alterations and additions to an existing house on lots 200m2 or larger and with an allotment width of at least 6m;
- Building walls to boundaries in certain conditions for lots under 10m wide; and
- Building detached studios to rear laneways.
There are now two(2) avenues for people to obtain the go-ahead to build houses and ancillary buildings without loding a formal development application. These options include:
- design the house and ancillary building so they comply with the General Housing Code and apply to Council or an accredited certifier for a Complying Development Certificate
- design the house and ancillary buildings so they comply with Council's Development Control Plan, and apply to Council for development consent.
Because both avenues are governed by different rules, applicants may find that one approach to gaining approval is more useful for them. Up until the 1 September 2011, applicants will have the choice to apply for a Complying Development Certificate either under the General Housing Code or Council's Development Control Plan.
After this date, only the NSW General Housing Code will apply.
What if my land is affected by bushfire?
The NSW Housing Code has been expanded to allow Complying Development in low risk bushfire affected areas provided that the development complies with Clause 3.36B of the Codes SEPP. The development standards have been designed to ensure that:
- Complying development is not allowed on high risk bushfire prone land (i.e. BAL [Bushfire Attack Level] 40 or BAL Flame Zone)
- Only a 'suitably qualified consultant' or the local council can endorse the BAL under the Planning for Bush Fire Protection Guidelines 2006. The NSW Rural Fire Service is also able to endorse the nominated BAL until the 25 February 2012.
- Once the BAL is known, the Principal Certifying Authority i.e. Council or private accredited certifier must certify that the proposal complies with AS3959-2009 Construction of buildings in bushfire prone land.
What about the removal or pruning of trees?
Under the NSW General Housing Code, separate permits or approvals are not required for the removal or pruning of trees if the tree or vegetation:
- Is within 3 metres of the proposed development, and
- Is less than 6 metres high, and
- Is not listed on a Significant Tree Register or Register of Significant Trees kept by the Council.
If the above criteria is met, a Complying Development Certificate issued under the NSW General Housing Code is taken to satisfy any requirement for a permit or development consent for tree removal.
Any trees or vegetation proposed to be removed as part of the Complying Development Certificate must be clearly indicated on the submitted plans by the applicant.
Council and Accredited Certifiers are required to by law to carry out site inspections prior to issuing a Complying Development Certificate and they are legally obliged to keep a Record of any Site Inspection. As part of this record, details of whether or not the plans and specifications adequately depict the existing site conditions must be recorded, including the number and location of all existing trees. Such records, including site photographs taken by Council or the Accredited Certifiers will be used as evidence in any prosecutions and/or criminal proceedings for the illegal removal of any trees or vegetation.
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