The NSW Government’s planning reform program continues to evolve, with one significant change already in effect. While recent reforms relating to Low-Rise Housing, Complying Development Variations and Improving Development Assessment remain at various stages of consultation, the Development Coordination Authority (DCA) has now commenced operating and is changing how government agency input is managed during …
The NSW Government is continuing its broader planning reform program with a new Discussion Paper focused on improving the way Development Applications (DAs) are prepared, lodged and assessed across the state. Following the recent consultations on Low-Rise Housing and Targeted Assessment and Variations and Changes to Complying Development, this latest proposal shifts the focus from …
The NSW Government has released an Explanation of Intended Effect (EIE) proposing a new statewide approach to conditions of consent issued with development approvals. While conditions of consent are an important part of every development approval, they can currently vary significantly between councils. This often means conditions need to be individually drafted, reviewed and negotiated …
The NSW Government is continuing its work to reform the planning system through the proposed Low-Rise Housing and Targeted Assessment framework. While the public exhibition of the discussion paper has now concluded, the proposal remains under consideration, with the Department of Planning, Housing and Infrastructure (DPHI) reviewing submissions before determining the next stage of the …
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 …
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 …
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.
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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.
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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.
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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.
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The NSW Government is continuing its broader planning reform program with a proposed new approach to complying development that aims to introduce greater flexibility for straightforward residential projects.
Unlike the recently exhibited Low-Rise Housing and Targeted Assessment Discussion Paper, which sought feedback on potential future planning reforms, this proposal has progressed to the next stage of policy development through an Explanation of Intended Effect (EIE). An EIE outlines the Government’s preferred approach to legislative change and is typically published once the policy direction has been more clearly defined.
The Variations and Changes to Complying Development EIE was exhibited between 14 May and 24 June 2026, with public consultation now closed. The NSW Department of Planning, Housing and Infrastructure (DPHI) is currently reviewing submissions before finalising the reforms.
Subject to the outcome of consultation, the proposed changes are expected to commence during Q3 2026. Importantly, they are not intended to apply retrospectively. CDC applications lodged before commencement will continue to be assessed under the existing framework.
The reforms seek to address a common issue: projects that are largely compliant with the Codes SEPP but fail one or two relatively minor standards. Under the current system, even a small departure can require a full Development Application instead of a CDC. The proposal aims to introduce a more proportionate process while maintaining the integrity of complying development.
Why are these reforms being proposed?
Complying development was introduced to provide a streamlined approval pathway for straightforward, low-risk development. However, the current system operates on an ‘all or nothing’ basis. Even a single non-compliance can make a proposal ineligible for a CDC.
According to DPHI, many of these projects ultimately proceed through the DA pathway despite involving only minor departures, adding more than 60 days to assessment timeframes. The proposed reforms seek to allow limited variations while preserving the speed and certainty of complying development, reducing delays and allowing councils to focus on more complex planning matters.
The proposed CDC Variation Certificate pathway
The centrepiece of the reforms is a new Variation Certificate pathway.
Councils would assess and issue Variation Certificates. Private certifiers would not be able to approve variations, but they would continue assessing CDC applications and identify where a Variation Certificate is required before completing the CDC assessment.
This split recognises that deciding whether a planning variation is appropriate involves planning judgement, while certifiers continue performing their existing compliance assessment role.
Scope of the first stage
The first stage would apply only to low-rise housing under Parts 3, 3A, 3B, 3C and 3D of the Codes SEPP, including the Housing Code, Rural Housing Code, Low Rise Housing Diversity Code, Greenfield Housing Code and Inland Housing Code.
The EIE also notes that future stages may expand the variation pathway to additional Codes SEPP provisions with the potential for additional variations to meet the new Low-Rise Housing Code, although no decisions have yet been made.
What would the process look like?
Applicants or assessing officers (either the certifier or council assessing the CDC) would identify any non-compliant standards for a variation certificate. These applications are to be submitted with supporting plans and a concise (1–2 page) justification report explaining why the variation satisfies the proposed assessment criteria.
Council would assess the Variation Certificate before the CDC proceeds.
Where a private certifier is issuing the CDC, council would have 10 calendar days to determine the application, with deemed approval applying where council does not refuse the application within that period (subject to the proposal being eligible under the future SEPP).
Where council is assessing the CDC, the proposed timeframe would be 20 calendar days. The standard two-week Christmas shutdown would be excluded from deemed approval calculations.
Limits and safeguards
The reforms include safeguards intended to preserve the integrity of complying development. Projects would generally be limited to no more than three or four varied standards across both the original CDC and later modifications.
Variation Certificates could not be issued after construction has commenced, and no review or appeal rights are currently proposed. DPHI intends to monitor the operation of the system following implementation.
Proposed fees
Two fee models are proposed.
Option 1 is a flat fee of 4 fee units (approximately $456).
Option 2 is a sliding scale: 1 variation = 3 fee units (~$342), 2 variations = 4 fee units (~$456), and 3–4 variations = 5 fee units (~$569).
No refund is proposed where an application is refused or withdrawn.
Other proposed Codes SEPP amendments
The EIE also proposes targeted amendments including expanding low-impact remedial works, additional demolition opportunities on bushfire-prone land, greater flexibility for internal alterations on flood control lots, front setback alignment, detached dwelling separation, sloping sites, modern housing designs, garages, balconies, privacy screens and above-ground rainwater tanks. These changes aim to resolve practical issues regularly encountered during residential design and assessment.
Neighbour notification
A separate statewide Community Participation Plan consultation proposes a consistent 7-day notification period before complying development works commence. This is a separate reform process and is not part of the Variation Certificate EIE.
Relationship with the Low-Rise Housing reforms
The Low-Rise Housing reforms remain at the Discussion Paper stage, while the Variation Certificate proposal has progressed to an EIE. The two reforms are intended to complement one another, with the Variation Certificate pathway representing the first stage of introducing flexibility into complying development standards.
What happens next?
Consultation has closed and DPHI is reviewing submissions. The reforms may be refined before implementation and are expected to commence during Q3 2026, subject to finalisation. Until then, the existing Codes SEPP continues to apply.
How ES Planning can help
Planning reforms can create opportunities but also uncertainty. ES Planning assists homeowners, developers, architects and building designers in understanding both the current planning framework and proposed reforms, providing practical advice as legislative changes progress.
Key Takeaways
- The reforms are currently at the EIE stage.
• A new Variation Certificate pathway is proposed.
• Councils would assess Variation Certificates; private certifiers continue assessing CDCs.
• Proposed assessment timeframes are 10 or 20 calendar days depending on the assessment pathway.
• Safeguards would limit the number and timing of variations.
• Nothing has changed yet; the current Codes SEPP remains in force until any reforms commence, currently expected during Q3 2026 subject to finalisation.
