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NSW Department of Planning, Industry and Environment
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Build-to-rent (BTR) housing is large-scale, purpose-built rental housing that is held in single ownership and professionally managed. BTR housing has the potential to provide more rental housing choice and to support construction jobs and drive economic recovery.


The introduction of BTR housing into the planning system supports changes to the taxation settings for this form of development that were introduced in July 2020.


State Environmental Planning Policy Amendment (Build-to-rent Housing) 2021 was made on 12 February 2021.


The new BTR housing provisions:

  • allow for development of BTR housing anywhere that residential flat buildings are permitted, as well as in the B3 Commercial Core, B4 Mixed Use zones and B8 Metropolitan Centre zones;
  • introduce minimum car parking rates and apply councils’ maximum car parking rates where relevant;
  • apply council height and FSR standards;
  • prevent residential subdivision for 15 years in all zones, except the B3 zone where the BTR housing development cannot be subdivided into separate lots, in perpetuity;
  • require a consent authority to be satisfied that a BTR housing development in the B3 zone will be readily capable of conversion to commercial premises;
  • support the flexible application of the Apartment Design Guide, requiring consideration of the amenity provided by common spaces and shared facilities; and
  • introduce a State Significant Development (SSD) pathway for BTR housing developments that have a CIV of more than $100 million for the Greater Sydney Region (except in the City of Sydney) and more than $50 million for development on other land.


For more detailed information about these provisions, you can read our Frequently Asked Questions (PDF, 120 KB) and view the BTR housing amendments on the NSW Legislation website. 


Additionally, NSW Treasury has released the BTR guidelines setting out the eligibility criteria. For further information read the BTR guidelines.


Consultation and feedback

From July to September 2020 the department exhibited an Explanation of Intended Effect (EIE) for a proposed Housing State Environmental Planning Policy.


More than 270 written submissions were received in response to the exhibition of the EIE. More than 120 of these submissions included comments on BTR housing.


To view all exhibited documents, including the EIE, visit our Planning Portal.


More information

For more information you can send an email to the Housing Policy team or call 02 8289 6701.

Page last updated: 15/03/2021