The Low Rise Housing Diversity Code in Part 3B of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows a dual occupancy, a manor house or a row of terraces of up to two storeys to be approved as complying development by a private certifier in about 20 days, but only on land in the R1, R2, R3 or RU5 zone where the council’s LEP already permits that housing type with consent, only where the lot meets the code’s minimum area and width, and only where none of the land-based exclusions in Part 1 of the Codes SEPP or Part 3B itself apply. The design must also meet the Low Rise Housing Diversity Design Guide for complying development and be verified by a design statement. For developers, the code is a program tool: it trades council discretion for strict numbers, and it fails fast on heritage, bushfire, flood, lot width and zoning. This article sets out the standards and the exclusions.
Key takeaways
- Clause 3B.1 of the Codes SEPP limits the code to dual occupancies, manor houses and multi dwelling housing (terraces) of up to two storeys on land in the R1, R2, R3 and RU5 zones where the LEP permits that development with consent.
- The code’s lot requirements set minimum areas and widths: in broad terms 400 square metres for a dual occupancy (or the LEP’s dual occupancy minimum where higher), 600 square metres for a manor house or terraces, with widths of 12, 15 and 18 metres measured at the building line depending on the type.
- Clause 3B.3 lists development that can never be complying under the code, and Clause 1.19 excludes heritage items, conservation areas, environmentally sensitive land and other mapped land from complying development generally.
- Because the code cannot override an LEP prohibition or a higher LEP minimum lot size, councils such as The Hills, Penrith, Blacktown and Georges River effectively set the entry threshold through their Clause 4.1A or 4.1B dual occupancy lot sizes.
- Where the code fails on a single standard the fallback is a DA assessed on merit, which is slower but allows variation; a mixed approach of CDC for the build and DA for the subdivision is common.
Who this is for: developers and project builders deciding whether a dual occupancy or manor house on a Sydney or regional NSW lot can go through a certifier under the Low Rise Housing Diversity Code, and what to check before committing to the fast pathway.
Where does the Low Rise Housing Diversity Code apply?
Clause 3B.1 of the Codes SEPP is the gateway. It allows the code to be used for the erection of a dual occupancy, a manor house or multi dwelling housing (terraces), and for associated subdivision in some cases, but only on land in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RU5 Village, and only if development for that purpose is permissible with consent under the environmental planning instrument that applies to the land. The NSW Department of Planning describes it as applying in all local government areas “only where council zoning already permits these forms of housing”. The Department’s complying development page adds that approval can issue in as little as 20 days for a design that meets every requirement and the design criteria in the Low Rise Housing Diversity Design Guide.
The permissibility test is the one developers most often misjudge. Since Stage 1 of the Low and Mid-Rise Housing reforms on 1 July 2024, dual occupancies are permitted with consent in R2 zones across NSW, so the code is available for dual occupancies in R2 almost everywhere. Manor houses are a different matter. Clause 3B.1A of the Codes SEPP makes manor houses permissible with consent in R3 zones (The Hills LEP 2019 notes this at Clause 4.1A(4)), but not in R2, so a manor house in an R2 street is prohibited whether you use a CDC or a DA. Terraces depend on whether multi dwelling housing is permitted in the zone under the local LEP.
What lot size and width does the code require?
The lot requirements sit in Division 2 of Part 3B (Clause 3B.21 in the current numbering) and they work in two layers. The first layer is the code’s own minimum: a lot for a dual occupancy must be at least 400 square metres, and a lot for a manor house or for terraces must be at least 600 square metres, with the access laneway of a battle-axe lot excluded from the area. The second layer is the LEP: where the LEP sets a larger minimum lot size for that housing type, the larger LEP figure applies. Lot width is measured at the building line, and the code requires, in broad terms, 12 metres for an attached dual occupancy, 15 metres for a detached dual occupancy or a manor house, and 18 metres for terraces. These figures should be confirmed against the current clause on the NSW legislation website before a feasibility is finalised, because the code has been amended several times since 2018.
What the LEP layer means in Sydney: Blacktown LEP 2015 Clause 4.1B requires 500 square metres for an attached and 600 square metres for a detached dual occupancy in R2; The Hills LEP 2019 Clause 4.1A requires 600 and 700 square metres; Penrith LEP 2010 Clause 4.1A requires 650 and 750 square metres in R2 and prohibits a dual occupancy on a battle-axe lot in R2 altogether; Georges River LEP 2021 Clause 4.1B requires 650 square metres and 15 metres of width; Hornsby LEP 2013 Clause 4.1C requires 700 and 800 square metres outside heritage conservation areas. In each of those councils the code’s 400 square metre figure is academic and the LEP number is the real threshold. The mistake we see is a feasibility built on 400 square metres in a council whose LEP says 650.
Which land is excluded from the code?
Two sets of exclusions apply. Clause 1.19 of the Codes SEPP lists land on which complying development under the housing codes cannot be carried out at all, including land that is, or contains, a heritage item or draft heritage item, land in a heritage conservation area or draft conservation area (other than for some minor works), environmentally sensitive land such as coastal wetlands, littoral rainforest and land mapped for biodiversity or ecological significance, land in a wilderness area, and certain reserved or unsewered land. Clause 3B.3 then lists development that is not complying under Part 3B specifically, and Clause 3B.5 sets the standards for flood control lots, requiring council or engineer certification that the lot is not in a floodway, flow path, high hazard or high risk area. Bushfire prone land is not excluded outright, but the development must be able to meet Planning for Bush Fire Protection 2019 and cannot be in BAL-40 or the flame zone.
The Section 10.7(2) certificate answers most of this in item 4, which must state whether each code can be used on the land and, if not, why. If the certificate says the Low Rise Housing Diversity Code cannot be used, do not commission CDC drawings. The NSW Low and Mid-Rise Housing Policy has its own exclusions (heritage items, bushfire vegetation categories, probable maximum flood in high risk catchments, aircraft noise above ANEF 25 and whole councils such as Hawkesbury, Blue Mountains and Wollondilly) which affect the DA non-refusal standards rather than the code, but they are a useful map of the land where complying development will also struggle.
What design standards does the code set?
Divisions 2 and 3 of Part 3B set the numeric standards for dual occupancies, manor houses and terraces. The standards cover building height (two storeys and a height limit of 8.5 metres for dual occupancies and manor houses in the code as made, with terraces treated similarly), maximum gross floor area expressed through a floor space table tied to lot size or the LEP FSR, setbacks from the primary and secondary road, side and rear boundaries scaled to lot size and building height, minimum landscaped area and private open space, car parking spaces per dwelling, building design requirements in Clause 3B.31 covering articulation, garages and street presentation, and separation from protected trees in Clause 3B.61. Schedule 6A of the Codes SEPP sets the conditions attached to the certificate. Each standard is a pass or fail test; there is no Clause 4.6 equivalent under a CDC.
The Low Rise Housing Diversity Design Guide for complying development, prepared with the Government Architect, sets the qualitative design criteria on layout, landscaping, private open space, light, ventilation and privacy, and the certifier must receive a design verification statement confirming the design meets them. The following table gives the shape of the standards with the figures to confirm.
| Standard | Dual occupancy under the code | Manor house under the code | Where to confirm |
|---|---|---|---|
| Zones | R1, R2, R3, RU5, where permitted with consent | R1, R2, R3, RU5, where permitted with consent (R3 via Clause 3B.1A) | Clause 3B.1 and the LEP land use table |
| Minimum lot area | 400 sqm or the LEP dual occupancy minimum, whichever is greater, excluding any access laneway | 600 sqm or the LEP minimum, whichever is greater | Part 3B Division 2 lot requirements and LEP Clause 4.1A or 4.1B |
| Minimum lot width at building line | 12 m attached, 15 m detached | 15 m | Part 3B Division 2 lot requirements |
| Storeys and height | 2 storeys, 8.5 m | 2 storeys, 8.5 m, 3 or 4 dwellings in one building | Part 3B Division 2 height standards |
| Floor area | Floor space table by lot size, or the LEP FSR if lower | Floor space table by lot size, or the LEP FSR if lower | Part 3B Division 2 and LEP Clause 4.4 |
| Setbacks | Front to match neighbours or the scaled minimum; side and rear scaled to lot size and height | As for dual occupancies, with additional separation for upper floor balconies | Part 3B Division 2 setback clauses |
| Landscaping and open space | Minimum landscaped area as a percentage by lot size; principal private open space per dwelling | Minimum landscaped area and private open space or balcony per dwelling | Part 3B Division 2 landscaping clauses and the Design Guide |
| Parking | One space per dwelling, behind the building line where required | One space per dwelling with visitor provision in some cases | Part 3B Division 2 parking clause |
| Design verification | Design statement against the Design Guide | Design statement against the Design Guide | Low Rise Housing Diversity Design Guide for complying development |
How to test a site for the code before you buy
- Order the Section 10.7(2) and (5) certificate and read item 2 (zone and permissibility) and item 4 (whether the Low Rise Housing Diversity Code can be used, and if not, why).
- Confirm the LEP minimum lot size and width for the housing type under the council’s Clause 4.1A or 4.1B equivalent, and apply the larger of that and the code’s figure.
- Obtain a survey to confirm area, width at the building line and the exclusion of any access laneway from the area.
- Check the exclusions: heritage, environmentally sensitive land, flood control lot certification under Clause 3B.5, bushfire attack level, easements and drainage.
- Run a compliance table for every numeric standard in Part 3B against the concept design; a single fail means DA, not CDC.
- Commission the design verification statement against the Design Guide, then lodge the CDC through the NSW Planning Portal with the BASIX certificate, the contributions estimate under Section 7.21 of the Act and the certifier’s checklist.
Where the code trips developers
The first trap is subdivision. The code can approve the buildings, but Torrens subdivision of a dual occupancy is controlled by the LEP’s subdivision clauses (for example Georges River Clause 4.1A, Blacktown Clause 4.1C, Hornsby Clause 4.1D) and in some councils, such as The Hills under Clause 4.1C of The Hills LEP 2019, Torrens subdivision of a dual occupancy is not available at all. The second is the manor house zoning point already covered: manor houses are an R3 product. The third is lot width measured at the building line rather than at the street boundary, which catches splayed and tapered lots. The fourth is assuming the CDC avoids contributions; Section 7.21 of the EP&A Act applies contributions plans to complying development and the certifier must condition the payment. The fifth is the design verification statement, which certifiers now insist on and which cannot be signed for a design that ignores the Design Guide’s private open space and solar access criteria.
Definitions
- Manor house
- Under Clause 1.5 of the Codes SEPP, a residential flat building of two storeys containing three or four dwellings, with at least one dwelling partly above another, on a single lot. Clause 3B.1A makes manor houses permissible with consent in the R3 zone.
- Multi dwelling housing (terraces)
- Three or more dwellings on one lot, each with a frontage to a public road, in a row, of up to two storeys, as defined in the Codes SEPP for the purposes of the Low Rise Housing Diversity Code.
- Complying development certificate
- A combined planning and construction approval issued by a council or accredited certifier under Part 4 Division 4.5 of the EP&A Act for development that meets every standard in the relevant code of the Codes SEPP.
- Lot width
- For the code, the width of the lot measured at the building line of the proposed dwelling, not at the street frontage, which matters on irregular lots.
- Design verification statement
- A statement lodged with a CDC under the Low Rise Housing Diversity Code confirming that the design meets the design criteria in the Low Rise Housing Diversity Design Guide for complying development.
- Flood control lot
- A lot identified by the council as subject to flood related development controls, on which Clause 3B.5 requires certification that the development avoids floodways, flow paths and high hazard areas before a CDC can issue.
Frequently asked questions
Can a duplex be approved as complying development in R2 zones?
Yes, where the LEP permits dual occupancies with consent in the R2 zone, which since 1 July 2024 is the case across NSW, and where the lot meets the greater of the code’s 400 square metre minimum and the LEP’s dual occupancy minimum, plus the width, exclusion and design standards in Part 3B of the Codes SEPP.
Can I build a manor house in an R2 zone using the code?
No. Manor houses are made permissible with consent in the R3 zone by Clause 3B.1A of the Codes SEPP, and the code only applies where the LEP permits the housing type. In an R2 zone a manor house is prohibited under either pathway unless the local LEP specifically permits residential flat buildings.
How long does a CDC under the Low Rise Housing Diversity Code take?
The Department indicates approval can issue in as little as 20 days once a complete application meeting every standard and the Design Guide criteria is lodged. In practice the time is spent before lodgement, proving compliance with each numeric standard.
Does the code let me subdivide the dual occupancy into two Torrens lots?
Not by itself. Subdivision is governed by the LEP’s subdivision clauses, which set minimum lot sizes for subdivided dual occupancies and in some councils, such as The Hills, prevent Torrens subdivision of dual occupancies. Many projects use a CDC for the buildings and a DA for the subdivision.
What happens if the design misses one standard by a small margin?
The certifier cannot issue a CDC. There is no variation mechanism under the Codes SEPP, so the options are to redesign to comply or to lodge a DA with the council, where the LEP and DCP controls apply and a Clause 4.6 variation to a development standard may be possible.
URBA advises developers on the fastest compliant pathway for dual occupancies and manor houses, running the Part 3B compliance table against the LEP before the design is committed and preparing the DA where the code cannot be used. See our DA or CDC pathway advice and dual occupancy and duplex planning services, or request a fee proposal for a site.
Sources and references
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 1 Clause 1.19 and Part 3B Low Rise Housing Diversity Code, accessed September 2026
- NSW Department of Planning, Housing and Infrastructure, Low Rise Housing Diversity Code, accessed September 2026
- NSW Department of Planning, Housing and Infrastructure, Complying development, accessed September 2026
- NSW Department of Planning, Housing and Infrastructure, Design guides for low rise housing diversity, accessed September 2026
- NSW Department of Planning, Housing and Infrastructure, Low and Mid-Rise Housing Policy exclusions, accessed September 2026
- The Hills Local Environmental Plan 2019, Clauses 4.1A and 4.1C, accessed September 2026
- Penrith Local Environmental Plan 2010, Clause 4.1A, accessed September 2026
- Environmental Planning and Assessment Act 1979, Division 4.5 complying development and Section 7.21, accessed September 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, 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.