Complying Development (CDC) SEPP Controls for Residential Development in New South Wales

In NSW, complying development for residential projects is regulated under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) and the Housing SEPP 2021.

These provisions provide a streamlined approval pathway for development projects that meet specific standards.

This ensures projects proceed with minimal delay, offering a faster alternative to standard development applications (DAs).

The following outlines the specific controls for various types of residential development, including dwelling houses, secondary dwellings, dual occupancies, manor houses and terraces.

Permissible Zones

Complying development is permissible in specific zones, with residential development allowed in R1, R2, R3, R4, and RU5 zones.

Each development type must meet additional criteria under the relevant Local Environmental Plans (LEPs) if they apply, but the primary zoning and compliance with SEPP codes remain the guiding factors.

Lot Size

• Dwelling House: A minimum lot size of 200 m² is required for complying development, with larger minimums where dictated by the LEP.

• Secondary Dwelling: No specific minimum lot size is prescribed, but the dwelling must be on the same lot as a principal dwelling, typically requiring a lot size of 450 m² or larger in practice.

• Dual Occupancy: A minimum of 400 m² is required for complying development under the SEPP for dual occupancies.

• Manor House: The minimum lot size for complying development is 600 m², as dictated by the SEPP.

• Terraces: A minimum of 600 m² is required to accommodate multi-dwelling terrace developments under the SEPP.

Lot Width

• Dwelling House: A minimum of 6 m at the building line.

• Secondary Dwelling: The lot width requirement is dependent on the configuration of the dwelling but is typically similar to that of the principal dwelling.

• Dual Occupancy: A 15 m minimum lot width at the building line is required for side-by-side configurations, and 12 m where vehicular access is from a rear lane.

• Manor House: A 15 m minimum lot width is required.

• Terraces: A minimum of 18 m is required at the building line to accommodate the width of multiple terrace dwellings side by side.

Max. Building Height

• Dwelling House: The maximum allowable building height is 8.5 m, including any attic or basement levels.

• Secondary Dwelling: Also limited to 8.5 m, similar to a dwelling house.

• Dual Occupancy: The maximum building height is 8.5 m, applicable to both attached and detached dual occupancies.

• Manor House: Limited to 8.5 m, typically comprising two storeys.

• Terraces: The maximum allowable building height is 9 m, allowing for a slightly taller structure to accommodate parapets or pitched roofs.

Max. Number of Storeys

• Dwelling House: 2 storeys maximum, including attic spaces that are not considered as a storey.

• Secondary Dwelling: 2 storeys maximum, typically single-storey but allowable as a two-storey structure.

• Dual Occupancy: 2 storeys maximum, whether configured side-by-side or one above the other.

• Manor House: 2 storeys maximum, with each unit generally occupying a floor within a shared structure.

• Terraces: 2 storeys maximum, with each dwelling occupying a separate floor.

Gross Floor Area (GFA)

• Dwelling House: The maximum GFA is variable depending on the lot size. For smaller lots, a higher percentage of the lot area can be covered, scaling down for larger lots.

• Secondary Dwelling: The maximum allowable GFA for a secondary dwelling is 60 m².

• Dual Occupancy: The combined GFA for a dual occupancy is up to 90% of the lot area.

• Manor House: The GFA is typically 50-60% of the lot area, with variations depending on the lot and local planning controls.

• Terraces: The GFA is generally 60%–75% of the lot area, with higher percentages allowed in R3 zones.

Site Coverage

Site coverage is restricted to a percentage of the total lot area to ensure sufficient open space and amenity.

• Dwelling House: Site coverage is generally up to 60% of the lot area, depending on the lot size.

• Secondary Dwelling: Typically included in the site coverage calculation for the primary dwelling.

• Dual Occupancy: Generally 50%–60% site coverage for dual occupancies, subject to lot size.

• Manor House: Site coverage must not exceed 50-60% of the lot area.

• Terraces: Site coverage is typically 60%–80% of the lot area, depending on the zone.

Setbacks

Setback requirements ensure adequate separation between buildings and boundaries for privacy, access, and environmental quality. These are generally dictated by the lot size and the development's configuration.

• Dwelling House: Primary road setbacks must align with the average of the two nearest dwellings. Side and rear setbacks range from 0.9 m to 6 m depending on the building height and lot configuration.

• Secondary Dwelling: The secondary dwelling must comply with the primary dwelling's setback requirements, typically maintaining a 3 m rear setback and 0.9 m side setback.

• Dual Occupancy: Setbacks must comply with the Codes SEPP, with typical side setbacks of 0.9 m for single-storey and larger for two-storey portions.

• Manor House: Requires 1.5 m side setbacks, with larger setbacks for higher portions of the building.

• Terraces: Side setbacks for end terraces are 1.5 m, while internal terrace units typically share party walls.

Private Open Space

Adequate private open space is required for residential amenity.

• Dwelling House: 24 m² of private open space with a minimum width of 3 m.

• Secondary Dwelling: Private open space is typically shared with the principal dwelling, but a small, functional area of 8–16 m² is required.

• Dual Occupancy: Each dwelling must have its own 16 m² of private open space, with additional requirements for upper dwellings to have 8 m² balconies.

• Manor House: Each dwelling requires 16 m² of private open space, with 25% covered for weather protection.

• Terraces: Each terrace requires 16 m² of private open space, with a minimum width of 3 m.

Car Parking

• Dwelling House: Typically 1 car space is provided, either as a garage or carport.

• Secondary Dwelling: No additional parking space is required for the secondary dwelling under the SEPP, but practical design dictates shared parking for both dwellings.

• Dual Occupancy: 1 car space per dwelling, typically 2 spaces total for the dual occupancy.

• Manor House: 1 car space per dwelling, often provided as a combination of garages and at-grade spaces.

• Terraces: 1 car space per dwelling, usually provided as garages or carports.