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tags: CDC, NSW, Code
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# Part 3C Greenfield Housing Code

*Note 1— Clause 1.18(1)(b) states that to be complying development for the purposes of this Policy the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out.*

*Note 2— Clause 1.18(1)(c) states that to be complying development for the purposes of this Policy the development must meet the relevant provisions of the Building Code of Australia. Clause 136A of the Environmental Planning and Assessment Regulation 2000 requires a complying development certificate to be issued subject to the conditions specified in that clause, including a condition that building work must be carried out in accordance with the requirements of that Code.*

*Note 3— In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.*

## Division 1 Requirements for complying development under this code

### 3C.1 Land to which this code applies

1. This code applies to land within the Greenfield Housing Code Area. Note— Land within the Greenfield Housing Code Area may still be subject to general exclusions from complying development provided for in this code.
2. (Repealed)
3. Complying development under the Housing Code or the Transitional Housing Code, instead of under this code, may be carried out on land to which this code applies.
4. Subclause (3) ceases to have effect—
a. to the extent that it relates to the Transitional Housing Code, on 13 July 2019, and
b. to the extent that it relates to the Housing Code, on 6 July 2021.

*Note — Clause 2A.1 provides for the Transitional Housing Code.*

### 3C.2 Development that is complying development under this code

1. The following development is complying development under this code—
a) the erection of a new 1 or 2 storey dwelling house and any attached development,
b) the alteration of, or an addition to, a 1 or 2 storey dwelling house (including any addition that results in a 2 storey dwelling house) and any attached development,
c) the erection of detached development and the alteration of, or an addition to, any detached development.

2. For the purposes of calculating the number of storeys in a dwelling house under this code, any basement (including a garage) is to be counted as a storey.

*Note 1— Although a basement is to be counted as a storey for the purposes of calculating the number of storeys in a dwelling house, a basement is a type of attached development for the purposes of complying development under this code.*

*Note 2— Storey is defined in the Standard Instrument as a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include— (a) a space that contains only a lift shaft, stairway or meter room, or (b) a mezzanine, or (c) an attic.*


3. Lot requirements Complying development specified for this code may only be carried out on a lot that meets the following requirements -
a) the lot must be in Zone R1, R2, R3, R4 or RU5,
b) the area of the lot must not be less than 200m2,
c) the width of the lot must be at least 6m measured at the building line,
d) the lot must have a minimum depth of 25m (from the property boundary adjacent to the primary road of the lot to the rear property boundary of the lot),
e) there must only be 1 dwelling house on the lot at the completion of the development,
f) the lot must have lawful access to a public road at the completion of the development,
g) if the development is on a battle-axe lot—the lot must be at least 12m by 12m (not including the access laneway) and must have an access laneway that is at least 3m wide,
h) if the development is on a corner lot—the width of the primary road boundary of the lot must be at least 6m.

| Lot width measured at the building line | Maximum area of basement |
| -------- | -------- |
| 6 -10m | 25m2 |
| > 10m | 45m2 |