A lot is eligible for complying development under the NSW Housing Code only if it passes two sets of tests. The lot tests: zone R1, R2, R3, R4 or RU5, at least 200 square metres, at least 6 metres wide at the building line, lawful access to a public road, and for a battle-axe lot at least 12 by 12 metres (not counting the access laneway) with a laneway at least 3 metres wide. The land tests, in Part 1 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008: the land must not be a heritage item or in a heritage conservation area, must not be class 1 or 2 acid sulfate soils land, significantly contaminated land or in the 25 ANEF contour, and must not be excluded by the Schedule 5 maps, a covenant or the bushfire and flood limits, among other exclusions. Buyers who assume a lot “can do a CDC” because the neighbour did often find one of these tests fails. The section 10.7 planning certificate answers most of them.
Key takeaways
- Housing Code lot requirements: zone R1, R2, R3, R4 or RU5; at least 200 square metres; at least 6 metres wide at the building line; one dwelling house on the lot at completion; lawful road access.
- Battle-axe lots need at least 12 by 12 metres excluding the access laneway, and a laneway at least 3 metres wide.
- Complying development cannot be carried out on a State or local heritage item, land under an interim heritage order, or (for new houses and additions) in a heritage conservation area.
- Clause 1.19 also excludes, among others, class 1 and 2 acid sulfate soils land, significantly contaminated land, the 25 ANEF contour or higher, foreshore and coastal hazard areas, and land on the Schedule 5 maps.
- Bushfire prone land and flood control lots can be eligible only within extra limits (clauses 1.19A and 3.5), and covenants can block complying development (clause 1.20).
Who this is for: buyers, investors and owners in Sydney and regional NSW who want to know, before paying for design, whether a lot is likely to qualify for a complying development certificate for a new house or extension.
Does the lot itself qualify?
The Department’s Guide to Complying Development (August 2023) lists the Housing Code site requirements:
| Requirement | Standard |
|---|---|
| Zone | R1, R2, R3, R4 or RU5 |
| Lot size | At least 200 sqm |
| Lot width | At least 6 m, measured at the building line |
| Dwellings | Only one dwelling house on the lot at completion (an approved secondary dwelling does not count) |
| Access | Lawful access to a public road at completion |
| Battle-axe lot | At least 12 m by 12 m, excluding the access laneway; laneway at least 3 m wide |
| Corner lot | Primary road boundary at least 6 m wide |
R5 and rural zones use the Rural Housing Code instead, with different standards. The code also excludes some works outright, such as a roof terrace on the topmost roof, a building over a registered easement and a basement beyond the area limits.
Is the land excluded?
Part 1 of the Codes SEPP excludes land in several ways. The main ones for residential lots, as summarised in the Department’s guide:
- Heritage (clauses 1.17A and 1.18): not on a State Heritage Register item, land subject to an interim heritage order, a heritage item identified in an environmental planning instrument, or a draft heritage item.
- Heritage conservation areas (clause 1.19(1)(a)): Housing Code and Low Rise code development is excluded in a heritage conservation area or draft heritage conservation area, except detached outbuildings, detached development (other than a detached studio) and swimming pools.
- Environmental and hazard land (clause 1.19(1)): class 1 or 2 acid sulfate soils; significantly contaminated land; biobanking or conservation agreement land; buffer, river front or ecologically or environmentally sensitive areas; coastline and coastal hazard areas; foreshore areas; land reserved for a public purpose.
- Aircraft noise (clause 1.19(1)(h)): a new house is excluded in the 25 ANEF contour or higher; garages, sheds and similar ancillary development may still be possible.
- Drinking water catchments: unsewered land in drinking water catchments is excluded in some cases.
- Schedule 5 maps (clause 1.19(2)): specific mapped areas in some local government areas where complying development is not possible.
- Covenants (clause 1.20): a covenant or restriction on title can stop complying development.
- Bushfire and flood: bushfire prone land is possible only within clause 1.19A’s limits, and flood control lots only if not high hazard or high risk and the extra criteria in clause 3.5 are met.
Exclusions can apply to part of a lot only (clause 1.19(6)), so a mapped strip at the rear does not always stop a house at the front.
How to check, in order
- Order the section 10.7 planning certificate from council. It states whether complying development may be carried out and which codes apply, and lists heritage, acid sulfate soils, flood, bushfire and ANEF matters.
- Check the NSW Planning Portal spatial viewer for zone, heritage and hazard layers.
- Read the title and 88B instrument for easements and covenants.
- Measure the lot: area from the deposited plan, width at the building line, and the handle on a battle-axe lot.
- Run the figures through our CDC calculator, ticking any constraints you found.
- If anything is amber or red, get a planner’s view before exchanging contracts.
What if the lot is not eligible?
Most residential projects that cannot be complying development can still be approved through a development application (DA) to council, assessed against the LEP and DCP. A DA takes longer and involves neighbour notification, but it can approve designs the codes cannot, such as reduced setbacks, a house in a heritage conservation area or a site with flood constraints, where the merit case is made.
Definitions
- Section 10.7 planning certificate
- A council certificate listing the planning controls and constraints affecting a lot, including whether complying development can be carried out.
- Schedule 5
- The schedule of the Codes SEPP that maps areas in certain local government areas where complying development under some codes is not possible.
- ANEF contour
- An Australian Noise Exposure Forecast line showing aircraft noise levels around airports.
- Flood control lot
- A lot where development is subject to flood related controls, identified on the planning certificate.
Frequently asked questions
How do I know if complying development is allowed on my land?
The section 10.7 planning certificate states whether complying development may be carried out on the land under each code. Then check the lot size, width and title restrictions.
Can I get a CDC in a heritage conservation area?
Not for a new house or additions to the house under the Housing Code. Detached outbuildings, some detached development and pools may still be possible.
Is bushfire prone land excluded from complying development?
Not automatically. It is possible within the limits of clause 1.19A, which exclude the highest bushfire attack levels among other conditions. A bushfire assessment is needed.
My neighbour built under a CDC. Can I?
Not necessarily. Lot size, width, heritage status, flood mapping, covenants and the parts of each lot affected by exclusions can differ between neighbouring lots.
Eligibility is the first section of every development due diligence report we prepare, and our free CDC calculator gives a quick first view. Before you buy, request a fee proposal for a full check.
Sources and references
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clauses 1.17A, 1.18, 1.19, 1.19A, 1.20 and 3.5, and Schedule 5, accessed October 2026
- NSW Department of Planning and Environment, Guide to Complying Development (August 2023), Step 2 and Step 4 Housing Code, accessed October 2026
- NSW Planning Portal, Spatial viewer, accessed October 2026
Information disclaimer. This article is general planning information prepared by the URBA Planning Team and is current at the date of publication. It is not planning, legal or financial advice for any specific property. Planning instruments, development control plans, state policies and the National Construction Code are amended regularly and councils interpret them differently; the controls quoted here should be confirmed against the versions in force at the date of lodgement and against the consent authority’s current requirements. Reliance on this article is at the reader’s own risk. URBA Planning, a division of Contrive Consultants Pty Ltd, accepts no liability for loss arising from its use. For advice on a specific site, contact URBA for a fee proposal.