The Low and Mid-Rise Housing Reforms – Phase 2 launches in NSW, with key changes taking effect from 28 February 2025. The reforms expand planning provisions for dual occupancies, terraces, multi-dwelling housing, and residential flat buildings in designated areas. New non-discretionary standards streamline approvals, overriding local planning controls.
With the recent amendment to the State Environmental Planning Policy (Housing) 2021, NSW Government is committed to reaching the National Housing Accord target of 377,000 homes by mid-2029. In order to achieve this, the Minns Government is holding local and state governments accountable through a range of performance measures. The Housing SEPP amendment has brought …
Today, the Department of Planning and Environment placed on exhibition a document to help accelerate housing delivery in NSW. This document suggests some changes to the low rise housing diversity code that impacts dual occupancies, manor houses and terraces but also brings in multi dwelling housing, residential flat buildings and shop top housing; all of …
Continue reading “Introducing the Mid Rise Housing Diversity Code”
NSW Government’s Construct NSW strategy aims to restore consumer confidence by focusing on reform in 6 key areas of the building and construction industry. These include regulation, ratings, education, contracts, digital tools, and data and research. Led by the Office of the Building Commissioner (OBC), the changes will affect all building classes and stakeholders, including …
Continue reading “NSW Government ambitious plan to transform building industry”
In the wake of recent natural disasters and COVID-19, the NSW Government is committing to a plan that will see the revival of regional NSW.
A new approach to rezonings in NSW is here. Read more from es.au.
In working towards a net zero target by 2050, NSW Government has proposed an increase to BASIX standards for new residential buildings.
Following the Building Ministers’ Meeting (BMM) that took place on 30 April 2021, a consensus to include minimum accessibility provisions in the National Construction Code (NCC) 2022, was reached.
Following a recent Independent Commission Against Corruption (ICAC) Inquiry (Operation Dasha), the NSW planning department is exhibiting an Explanation of Intended Effect (EIE) that seeks to gather public feedback on new measures to improve the planning system.
The City of Parramatta Council has proposed a new Local Environmental Plan (LEP) to consolidate and replace the existing five planning controls that provide the legal guidelines for development and land use.
The Home Building Act 1989 regulates the residential building industry and certain specialist work in New South Wales. It addresses any residential works carried out by contractors and tradespersons, including construction of a new home and renovations or alterations to an existing home or structure.
A new Housing Diversity State Environmental Planning Policy (Housing Diversity SEPP) is likely to have an adverse effect on private developers.
The introduction of the (formerly) Low Rise Medium Density Housing Code in July 2018 aimed to provide more liveable and affordable housing arrangements for growing families and empty nesters within existing neighbourhoods and streetscapes.
For new developments that require local infrastructure and services, Council may collect a developer/local infrastructure contribution to help fund the provision.
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In a bid to boost community confidence, the NSW Government has introduced a new legislation that aims to tackle ongoing issues with the building of residential apartments.
While many recent changes to legislation in the construction and land development industries have sought to improve the economic effects of COVID-19, a significant amendment to the Environmental Planning and Assessment Regulation 2000 (NSW) (EPA Reg) has seen the barrier to ‘physical commencement’ heightened.
Developers and landowners can breathe a sigh of relief as NSW Parliament introduces new amendments to the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) that aim to alleviate time pressures in the construction industry.
Since being introduced in 2004, the Building Sustainability Index (BASIX) requirements have set the ground rules for thermal comfort performance and water and energy usage within residential dwellings.
The NSW Government is seeking feedback on a new simplified Housing Code which sets out clear and simple planning rules for works that can be carried out under complying development.
NSW Fair Trading released a new guide to assist home owners and contractors if building work is in dispute.
The NSW Government has announced that the BASIX energy targets will be increased across the State in July 2017.
The General Housing Code is replaced with a new simplified Housing Code which sets out clear planning rules for complying development including one and two storey homes, renovations and extensions.
Experienced planning professionals will lead the panels, which will assess DAs that are sensitive in nature, or where there is a conflict of interest for council or developers.
In light of recent tragedies including Grenfell Tower in London and Lacrosse Building in Melbourne, the NSW Government will soon implement new laws for buildings with combustible cladding.
The NSW Government is making improvements to reinforce the building and certification system and up until 30th October 2018, you can have your say.
The National Construction Code (NCC) is an all-encompassing set of on-site construction requirements put together by the Council of Australian Governments (COAG).
The Low Rise Medium Density Housing Code has been deferred to allow for an independent review.
The Environmental Planning & Assessment Act 1979 is a legislation that provides the framework for the use of land in New South Wales.
The introduction of the new Low Rise Medium Density Housing Code in July 2018 aimed to provide more liveable and affordable housing arrangements for growing families and empty nesters within existing neighbourhoods and streetscapes. It has currently been implemented across 82 council areas in NSW and there are plans for the remaining 45 to adopt …
Continue reading “The Low Rise Medium Density Housing Code (MDHC) has been deferred again”
Canterbury LEP 2012 has just been amended (Amendment No 16). Clause 4.1C has been added to the LEP requiring minimum lot sizes and lot widths for Boarding Houses in its Residential Zones.
In line with NSW Government’s plan to deliver a final Design and Building Practitioners Bill 2019 by the end of the year, a draft will be open for public feedback until 16 October 2019. The Bill comes as a response to the April 2018 Building Confidence Report compiled by Professor Peter Shergold and Ms Bronwyn Weir. It …
Continue reading “Draft Design and Building Practitioners Bill 2019”
Currently, builders and tradies insured under the Home Building Compensation Fund (previously known as Home Owners Warranty) are subject to a capped amount of insurance they can purchase each year, restricting the number of projects that can be taken on.
A Review of Complying Development for Inland NSW’ sets out proposed changes to the State Environment Planning (Exempt and Complying Development Codes) 2008 will apply to all residential complying development for 83 local government areas west of the Great Dividing Range.
The Department of Planning and Environment (the Department) is examining opportunities to provide
greater housing choice and better design for medium density housing across NSW.
The department of planning has launched a suite of new online tools to help modernise the planning system in NSW and make it easier for people to access planning information.
The Australian Building Ministers’ Forum agreed in principle to make the 2015 National Construction Code (NCC) and future editions freely available online, significantly contributing to reducing the burden of building regulation.
Swimming pool owners have until the 29th of October 2013 to register their swimming pool, or a minimum fine of $220 (maximum $2,200) may be imposed.
A review of the NSW planning system has taken place. This has resulted in a new planning system for NSW.
The proposed changes to charge for BASIX Certificates put forward in November, 2010 to the Environmental Planning and Assessment Regulations 2000, will come into effect 1st July, 2011.
State Government in an aim to clear up grey areas and combat misuse of SEPP (Affordable Rental Housing) 2009 have enforced the following changes
In alignment with the National Housing Accord and following on from the proposal for low- and mid-rise reforms that went on exhibition from 15 December 2023 to 23 February 2024, NSW Government has introduced new amendments to the State Environmental Planning Policy (Housing) 2021.
The aim of these reforms is to increase supply of low-rise housing and mid-rise housing of 3-6 storeys in ‘well-located areas’, that is, town centre precincts that are nearby or within walking distance to public transport, shops, supermarkets, services and amenities. This will give more people the opportunity to live by their workplaces and other places they frequent. Community and council feedback from the Explanation of Intended Effect was largely centred around traffic, congestion, preservation of local character and the need to establish accompanying infrastructure and green spaces. NSW Government has addressed these concerns with exclusions to the low- and mid-rise housing policy that protect heritage sites and prohibit the policy’s implementation from locations that have a high risk of hazards or are difficult to evacuate.
The updated policy will be rolled out in stages, with Stage 1 having took effect today. Over the next 5 years, it is expected to deliver 112,000 more homes, a significant step towards the housing accord target of 377,000 by July 2029.
Exclusions to the low- and mid-rise housing policy
The changes that came into effect on 1 July 2024 do not apply to some delicate areas including:
- land with limited evacuation routes and that is highly susceptible to natural hazards like floods and bushfires, including the Hawkesbury, Blue Mountains and Wollondilly local government areas
- land that presents risk to the environment including coastal wetlands, littoral rainforests or coastal vulnerability areas
- the Bathurst local government area as there is no suitable R2 land
- land nearby dangerous goods pipelines and high-level aircraft noise
- land that is or contains heritage items
- land in a Transport Oriented Development Area, as defined under chapter 5 of the State Environmental Planning Policy (Housing) 2021
When Stage 2 commences later in 2024, land in proximity of Botany Industrial Park will also be excluded from the policy. Further information on these exclusions can be found on the Policy exclusions fact sheet.
Stage 1 changes
As of 1 July 2024, dual occupancies and semi-detached homes are permissible in all R2 low-density residential zones in NSW. In areas where dual occupancies will be newly permitted, the complying development approval process will only become available at Stage 2 of the reforms to allow affected councils time to plan for the new settings.
The 13 local government areas include: Albury, Ballina, Cowra, Hornsby, Inner West, Ku-ring-gai, Lismore, Liverpool, Mosman, Murray River, Northern Beaches (Warringah Local Environmental Plan), Strathfield and Tamworth. These councils have until 1 July 2025 to establish appropriate controls, such as minimum lot sizes, for dual occupancies.
Councils with existing complying development pathways will remain unaffected.
Stage 2 changes
In addition to the implementation of a fast-track planning pathway for the rest of the R2 zones in NSW, Stage 2 will introduce several notable changes to the low- and mid-rise housing policy that will come into effect at the back end of 2024.
- implement policy and encourage density in ‘well-located areas’ that will be identified by their proximity from the station and town centre precincts. Areas in Sydney, Central Coast, Illawarra and the Hunter region that are within an 800m walking distance from these precincts will be mapped in the Housing SEPP.
- allow more low- and mid-rise housing types including:
- multi-dwelling housing (terraces and townhouses) in station and town centre precincts in zones R1, R2, R3
- low-rise apartment buildings in station and town centre precincts in zones R1 and R2
- mid-rise apartment buildings in station and town centre precincts in zones R3 and R4.
- facilitate development of dual occupancies, multi-dwelling houses and low- and mid-rise apartment buildings in ‘well-located areas’ by establishing new non-refusal/development standards like building heights, floor space ratios and minimum lot sizes
- exclude certain employment zones (E1, E2, MU1 and SP5) and heritage sites and retain council strategic planning to preserve local character and viability of employment centres
- exclude land within identified proximity of Botany Industrial Park
The policy exclusions from Stage 1 will continue to stand.
Introduction of non-refusal/development standards
Non-refusal standards are a planning control that ensures consistency across development criteria such as building height and minimum lot size. They are typically a more simplified pathway to approval than a local environmental plan or development control plan. Non-refusal standards overrule these local provisions, so provided they are met, a development application cannot be declined on this basis, even if a local environmental plan or development control plan is not met. If a local environmental plan or development control plan is more permissive, only then will it prevail over non-refusal standards.
Through this process, the introduction of stakeholder-considered non-refusal standards during Stage 2 of the policy reforms will further allow the expansion of low- and mid-rise housing, especially in areas where these development types were previously not permitted.
