Complying development under the SEPP (Exempt and Complying development Codes) 2008

The State Codes SEPP contains the following codes for complying development—

• Part 3—General Housing Code
• Part 4—Housing Internal Alterations Code
• Part 5—General Commercial and Industrial Code.
  

The Housing Internal Alterations Code and the General Commercial and Industrial Code apply in Woollahra. These codes apply to all land except for land that is on the State Heritage Register, subject to an interim heritage order, or is a heritage item or draft heritage item.

The General Housing Code does not currently apply to any land in Woollahra. This is because all land in Woollahra is excluded land under the State Codes SEPP clause 1.19(5) (Land on which exempt development and complying development may not be carried out).

Part 4 -Housing Internal Alterations Code

The State Codes SEPP contains Part 4—Housing Internal Alterations Code for dwelling houses.

The Housing Internal Alterations Code for complying development applies to internal alterations only.

It allows for internal alterations to an existing dwelling house or ancillary development associated with the dwelling house where a complying development certificate is issued by an accredited certifier or the Council.

A “dwelling house means a building containing only one dwelling”, as defined under the State Government’s Standard Instrument – Principal Local Environmental Plan.

A dwelling house does not include a “dual occupancy”, “attached dwelling”, “semi-detached dwelling” or a “residential flat building”. These residential housing forms are each separately defined in the Standard Instrument Principal Local Environmental Plan which can be viewed at NSW Legislation.

The code identifies, as complying development, internal alterations that include structural changes which may affect the load bearing capacity (vertical or horizontal) of a building. However, it does not include the erection or conversion of a basement to an existing dwelling as complying development (clause 4.1).

If you think your development is complying development under Part 4—Housing Internal Alterations Code for dwelling houses you must refer to the State Codes SEPP:

• Clause 1.18 (General requirements for complying development) and Clause 1.19 (Land on which exempt development and complying development may not be carried out). These clauses restrict exempt development from being undertaken on certain land, such as land that comprises, or on which there is, a local heritage item or a heritage item on the State Heritage Register, and
• Part 4—Housing Internal Alterations Code to identify the specific development standards and conditions that apply in order for that development to be complying development.

The Department of Planning has prepared a Checklist (PDF File) and Guide (PDF File) to assist accredited certifiers in the assessment of Complying Development Certificate (CDC) applications for housing made under the Codes SEPP.

Part 5—General Commercial and Industrial Code

The State Codes SEPP contains Part 5—General Commercial and Industrial Code.

The General Commercial and Industrial Code identifies the following development as complying development:

• certain types of change of use of premises (clause 5.4)
• an internal alteration to a building used as a commercial premises where the alteration does not result in an increase in the gross floor area (clauses 5.1 and 5.2)
• the installation of a mechanical ventilation system on a building used as a commercial premises if it is not carried out on a heritage item or in a HCA (clauses 5.7 and 5.8)
• an external alteration to, or the repair or replacement of, an existing shop front or awning on a building used as a commercial premises if it is not carried out in a HCA (clauses 5.9 and 5.10)
• the installation of a skylight or roof window on a building used as a commercial premises (clause 5.11)
• Clause 1.18 (General requirements for complying development) and Clause 1.19 (Land on which exempt development and complying development may not be carried out). These clauses restrict complying development from being undertaken on certain land, such as land that comprises, or on which there is, a local heritage item or a heritage item on the State Heritage Register, and
• Part 5—General Commercial and Industrial Code to identify the specific development standards and conditions that apply in order for that development to be complying development.