NSW Department of Planning and Environment

Housekeeping amendments to the Codes SEPP

We continuously review the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) to ensure it is effectively reducing red tape, costs and delays for exempt and complying development.

Exempt development allows for minor and low impact building works or home renovations to be carried out without needing planning or building approval.

Complying development is a fast-tracked approval for straightforward development that complies with the standards in the Codes SEPP. It includes new homes, home renovations, new industrial buildings and changes to shops and commercial buildings. 

Recently finalised amendments

Housekeeping amendments to the Codes SEPP

Updates and improvements were made to the Codes SEPP and associated policies in December 2022. They ensure the Codes SEPP is current, operates smoothly and is clear on its intended development outcomes.

The amendments responded to feedback from stakeholders including applicants, certifiers, councils, industry and the community.

A summary of each of the key changes is outlined below.

Code Standard Amendment
Entire Codes SEPP Minor corrections Correct references, diagrams and minor anomalies across the Codes SEPP (clauses: 2.12, 3.2, 3.11, 3C.3, 3D.4).
Entire Codes SEPP Landslide risk areas Exclude complying development on land identified as being susceptible to landslide risk in an environmental planning instrument.
Part 2 Exempt Development Codes Land excluded from agritourism development Exclude floodway areas and land in the RU2 Rural Landscape zone under the Bathurst Regional Local Environmental Plan 2014 from farm experience premises, farm gate premises, farm stay accommodation and roadside stalls undertaken as exempt development.
Part 2 Exempt Development Codes Hours of operation and trading and change of use Adopt the new employment zones in the exempt hours of operation and trading provisions and exempt change of use. The new zones have been added to reflect the most appropriate translation from the existing business and industrial zones.
Part 3A Rural Housing Code Remove restriction in Snowy Monaro Removal of the Snowy Monaro Council’s restriction on the Rural Housing Code.
Part 3 Housing Code Dwellings with no front door facing the street Where an existing dwelling does not have a front door facing the street, alterations and additions to that dwelling can take place.

Part 3 Housing Code
Part 3C Greenfield Housing Code

Erection of a building over a registered easement Erection of a building over a registered maintenance easement to allow the eaves and guttering to overhang the area of the easement. 

Part 3 Housing Code
Part 3C Greenfield Housing Code

‘Alfresco’ areas for small lots Provides planning controls to allow for ‘alfresco’ areas for lots less than 300m² by complying development while minimising the impacts on neighbours.  
Part 3C Greenfield Housing Code Minimum lot depth Remove the requirement of a 25m minimum lot depth. Dwellings need to comply with setback and height controls to limit the impact on neighbouring properties.
Part 3C Greenfield Housing Code Rear garage for corner lots Exclude the requirement of 18m² maximum size of a rear garage for corner lots. 
Part 3C Greenfield Housing Code Boundary wall for attached garages Amend the maximum height of a boundary wall for attached garages.
Part 5A Industrial and Business Buildings Code Business and industrial zones Adopt the new employment zones throughout Part 5A. The new zones have been added to reflect the most appropriate translation from the existing business and industrial zones. Specifically, zones E1, E2, E3, MU1, W4 and SP5 are ‘business zones’ and zones E4 and E5 are ‘industrial zones’.
Part 5A Industrial and Business Buildings Code Applicable development standards for internal alterations and change of use Amend so that the development standards in Division 2 and 3 do not apply to internal alterations that do not increase gross floor area and change of use.
Part 5A Industrial and Business Buildings Code Specified development for new buildings Clarify that new buildings are not permitted in some zones.
Part 5A Industrial and Business Buildings Code Internal alterations and excluded lands Allow internal alterations under Part 5A on lands excluded from complying development by clause 1.19(5).
Part 5A Industrial and Business Buildings Code Garbage and waste storage Replace the waste condition in Schedule 8 with a development standard so the design requirements can be achieved. 
Part 5A Industrial and Business Buildings Code Loading facilities and driveways Clarify that the requirements only apply to new or alterations to loading bays.
Part 5A Industrial and Business Buildings Code Business Zone Design Guide Clarify that certain development must be consistent with the Business Zone Design Guide.
Part 5A Industrial and Business Buildings Code Limit large scale retail development approval (only City of Sydney LEP 2012) Limit large scale retail development that can be approved under complying development for Specialised retail premises in Zone E3 Productivity Support zone of the Sydney Local Environmental Plan 2012.
Part 5A Industrial and Business Buildings Code Specified purposes – Waste or Resource Transfer Stations Allow Waste or Resource Transfer Stations carried out by or on behalf of public authorities.
Part 5A Industrial and Business Buildings Code Specified purposes – Local distribution premises Consequential amendment to recent changes to the definition of Local Distribution Premises so it retains its complying development pathway.
Schedule 3 Complying development codes—variations Land excluded from agritourism development Exclude land in the RU2 Rural Landscape zone under the Bathurst Regional Local Environmental Plan 2014 from farm experience premises, farm gate premises and farm stay accommodation undertaken as complying development.
Transport and Infrastructure SEPP 2021 – Chapter 2 Data centres Update Chapter 2 Part 2.3 Division 3 with the new data centres land use term.
Planning Systems SEPP 2021 – Schedule 1 Data centres Update Schedule 1 Clause 25 with the new data centres land use term.
Environmental Planning and Assessment Regulation 2021 Designated Development Exclude waste or resource transfer stations carried out under Part 5A of the Code from the Designated Development trigger relating to proximity to residential. Note this amendment was undertaken in a separate instrument to the Codes SEPP amendments. 
Environmental Planning and Assessment Regulation 2021  Traffic generating complying development  Require that Waste or Resource Transfer Stations carried out as complying development under Part 5A of the Codes submit a Traffic Certificate. Note this amendment was undertaken in a separate instrument to the Codes SEPP amendments. 
Environmental Planning and Assessment Regulation 2021  Design statement  Clarify that change of use and internal alterations do not need to submit a design statement. Note this amendment was undertaken in a separate instrument to the Codes SEPP amendments. 

More information

Page last updated: 19/12/2022