What is the Low-Rise Housing Diversity Code?

The Low-Rise Housing Diversity Code is a section within the Codes SEPP* developed by the NSW Government to promote various housing types and designs in low-density residential areas. The code encourages developers to create diverse housing options to address the “missing middle” by streamlining the approval process for Dual Occupancies, Multi-Dwelling Housing (Terraces) and Manor homes.

Benefits of the Low-Rise Housing Diversity Code

Allowing approval of the construction and subdivision of Dual Occupancies, Multi-Dwelling Housing (Terraces) and Manor homes through a Complying Development Certificate (CDC) pathway allows the entire approval pathway to be achieved through Registered Certifiers. This provides the following benefits:

• Speed: You can achieve both building CDC and subdivision CDC within a matter of days. This is in contrast to Councils which may take a significantly longer period of time.
• Design Consistency: On the majority, the developments standards and control are consistent, no matter the Council.
• Document Consistency: The same documents are required to achieve your Occupation Certificate or Subdivision Certificate. As a developer, you can make your process more efficient and consistent. You will know exactly what your Building Certifier or Subdivision Certifier needs at each step of the development process.
• Condition Consistency: Every CDC has the same conditions applied so you. This way, developers know the requirements they need to meet to obtain an Occupation Certificate or Subdivision Certificate.

Subdivision Options using the Low Rise code.

For information on the difference between Torrens Title and Strata Title subdivisions, please refer to earlier blog posts. However, please see below for which type of lot you can create for which type of development:

Dual Occupancy:

• Torrens – Minimum resulting lot size is either 200m2 or as per the Councils LEP minimum lot for subdivision of a Dual Occupancy
• Strata – Minimum Lot size of each strata lot is 180m2

Multi-Dwelling Housing (Terraces):

• Torrens – Minimum resulting lot size is either 200m2
• Strata – Minimum Lot size of each strata lot is 180m2

Manor Housing:

• Strata Subdivision – No minimum lot size Required

Subdivision Approval Process

The standard approval pathway for a dual occupancy that is to be subdivided via CDC follows the steps below:

• Apply for your Building CDC and Subdivision CDC
• Receive your Building CDC
• Receive your Subdivision CDC from Landcert
• Build your development and obtain your utility approvals.
• Receive your Occupation Certificate (OC)
• Received your Subdivision Certificate (SC) from Landcert
• Register your new lots with NSW Land and Registry Services (NSW LRS)

Understanding the different types of Certificates

Various Certificates are referenced and required for the process of gaining your subdivision approval, here are the most common ones:

• Building Complying Development Certificate (CDC) - This is an approval issued by a Building Certifier. It shows your development meets the Codes SEPP requirements and allows you to start construction. This is essentially combining your old Development Application (DA) and Construction Certificate (CC) into one fast approval.
• Subdivision Complying Development Certificate (CDC) - This is an approval issued by a Subdivision Certifier. It shows your subdivision meets the requirements of the Codes SEPP and can be subdivided - once you have provided all the required documentation as listed within the conditions of your CDC approval.
• Occupation Certificate (OC) - This certificate from your Building Certifier shows you have completed all the work to the development standard and can move into your new house!
• Subdivision Certificate (SC) - This is a form your Subdivision Certifier signs to allow your surveyor to register your new lots with NSW Land and Registry Service (NSW LRS). Once your lots are registered, you can sell them independently of each other.

What you need to get started

One of the benefits of the Low-Rise Housing Diversity Code, and subdividing developments under this code, is the consistency of the documents required for your development. We’ve compiled a list of simple forms spelling out all the requirements to get started on your subdivision.

Please click on the below links for the documents required for the following:

• Subdivision Complying Development Certificate
• Subdivision Certificate (Torrens Title)
• Strata Certificate

Jump to Documents & Resources

What if you already have a DA Approved, can you still use the LRHDC?

Unfortunately, the legislation is clear that a CDC for subdivision of a dual occupancy can only be issued when the dual occupancy was approved via CDC. If your dual occupancy was approved via DA, then you will need to go back to your local Council to get a DA for the Torrens Title or Strata title Subdivision.

If you have a DA for the Torrens title subdivision of a dual occupancy, you will also be required to return to Council for your subdivision Certificate.

If you have a DA for the Strata title subdivision of a dual occupancy, then don't hesitate to get in touch with the team at Landcert for a quote to issue your strata certificate and find out how we can streamline your approvals process.

Important Legislation to Note

We have simplified the numerous legislation and planning documents related to Subdivision Certification. Here is an explanation of the relevant documents.

• Local Environmental Plan (LEP) - Development rule book for each Council and some Councils have multiple LEP’s covering different areas within the Council. Can only be varied through a Development Application with Council and difficult to variations approved. Variations greater than 10% will need to be approved by an external panel (not Council Officers) so adds time and cost to your development.
• State Environmental Planning Policy (SEPP) - Development rule book state-wide and the highest-level document and generally overrides the LEP unless the SEPP directly refers you back to the LEP.
• Development Control Plan (DCP) - More detailed rule book for development, however can be varied by Council officers as required.

Have more questions?

The team at Landcert are Subdivision Certifiers that specialise in the Subdivision of Low-Rise Housing Diversity code product and if you have any further questions please do not hesitate to contact us at info@landcert.com.au

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