• Section 149 Planning certificates confirm planning requirements and restrictions that apply to a parcel of land.

Complying development under the Housing Alterations Code

The following types of development are complying development under the Housing Alterations Code:

• Internal alterations to a dwelling house such as demolition of the internal fabric of the dwelling and the alteration works to that internal fabric (Clause 4.1)
• External alterations to a dwelling house such as a new door and window opening, attic conversions and dormer windows, and that does not result in a change to the floor area or footprint of the dwelling (Clause 4.3)

To determine if your proposed building alteration is ‘complying development’ under the Housing Alterations Code follow the 3 Step checklist.

Step 1 – Check that complying development under the Housing Alterations Code can be carried out on your land

You must check the Codes SEPP Clauses including Clause 1.17A, 1.18, 1.19 and Part 4.

For example –

If you want to carry out either internal or external alterations, your land must not be:

• Land in the Woollahra LEP that contains a heritage item or a draft heritage item (Clause 1.17A)
• Land on the State Heritage Register or that is subject to an interim heritage order (Clause 1.17A)

If you want to carry out internal alterations your building must be:

• an existing dwelling house (including an attached, semi-detached or detached dwelling) (Clause 4.2)
• or an existing residential flat building that was approved for subdivision under the Strata Schemes (Freehold Development) Act 1973 or has an occupation certificate issued after 28 January 2000 (Clause 4.2)

If you want to carry out external alterations your building must be:

• an existing dwelling house (including an attached, semi-detached or detached dwelling) (Clause 4.3)

Step 2 – Go to the State Codes SEPP Part 4 Housing Alterations Code for the rules

Is your proposal a development type permissible under the Codes SEPP and does it meet all the complying development standards contained in Part 4 of the Code?

This Code includes complying development standards addressing matters such as no increase to the floor area of the dwelling house (Clause 4.4) and the size of dormer windows in attic conversions (Clause 4.6).

Additional development standards apply if your property is located in a heritage conservation area (or draft heritage conservation area).  For example, external alterations are only allowed to the ground floor at the rear of the dwelling (Clause 4.3), and attic conversions must have windows flush with the roof line, be located at the rear of the dwelling and no larger than 1.5m² (Clause 4.4).

The Code also contains standard conditions for complying development certificates such as hours of construction and maintenance of site (Part 4 – Division 2).

Step 3 – Determine if your proposal is complying development under the Housing Alterations Code

If your proposal meets all the requirements of the Code it is complying development and you can lodge a Complying Development Application (PDF)

OR

If your proposal does not meet all the requirements of the Code it is NOT complying development under Part 4 of the Code. Your proposed development may be complying development under another part of State Codes SEPP. Alternatively you may consider amending your proposal or lodging a development application.

In addition to the above information, the Department of Planning has prepared a dedicated Housing Code website, which provides a number of useful resources to understand how the Codes SEPP applies to your proposal.