Unlocking Granny Flat Approvals with ARHSEPP

In the past, obtaining a Development Application was necessary for constructing major additions like a secondary dwelling on your property, leading to lengthy approval processes. 

However, the introduction of the ARHSEPP aims to increase the availability of affordable housing by enabling property owners to seek a Complying Development Certificate instead. This new process could potentially expedite approval for granny flat construction in just 10 weeks. 

Let’s simplify these technical terms for better understanding.

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Key takeaways

  • The NSW ARHSEPP facilitates granny flat approvals as complying developments, bypassing extensive Development Application processes.
  • Compliance with specific land and construction standards outlined in the Environmental Planning and Assessment Act and Regulations is mandatory.
  • The process involves submitting a Complying Development Certificate application to either local councils or accredited certifiers, with an approval timeframe of 12 to 28 days.
  • Specific zoning, land size, and site conditions requirements must be met, such as a minimum property size of 450m² and sufficient setbacks.

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Understanding ARHSEPP

The Affordable Rental Housing State Environmental Planning Policy, or ARHSEPP, is aimed at boosting the availability and variety of affordable rental housing in New South Wales. 

This could be good news for your backyard granny flat plans! Thanks to this policy, your local council or an accredited certifier may approve your secondary dwelling construction project as complying development, provided it meets specific requirements. 

Take a look at the development standards to see if your build qualifies.

What is a complying development certificate?

A complying development certificate offers a quicker route compared to the traditional development application. 

This streamlined process covers both land use and construction aspects, making it perfect for simple residential projects like your upcoming granny flat construction! However, not every project automatically qualifies. To be eligible, your proposed development must adhere to:

  1. The specific criteria for complying development as outlined in the Environmental Planning and Assessment Act and Regulations, as well as the relevant State Environmental Planning Policy (SEPP). You can request a Section 10.7 Certificate from the Council to confirm the exact planning controls applicable to your land.
  2. Any relevant planning and building regulations under the Building Code of Australia (BCA).

Application process

Once you’ve met the requirements mentioned earlier, it’s time to fill out and submit a Complying Development Certificate application form to either your chosen accredited certifier or your local council. 

The review and approval process typically take between 12 to 28 days. 

Once approved, you’ll receive the Complying Development Certificate. Remember, you must obtain this certificate before starting any construction activities, including site preparations such as excavation and demolition.

Granny flat requirements

Now that you understand the basics of the ARHSEPP and complying development, it’s essential to ensure that your backyard meets the necessary requirements for building a granny flat under this policy. This involves meeting some key criteria:

  • Your property must be zoned as one of the following:
    • General Residential (Zone R1)
    • Low Density Residential (Zone R2)
    • Medium Density Residential (Zone R3)
    • High Density Residential (Zone R4)
    • Large Lot Residential (Zone R4)
  • It should have a minimum total area of 450m².
  • There should be a 12m width at the existing dwelling’s building line.
  • Maintain a minimum setback of 3m from the rear of your property and 0.9m from its side boundaries.
  • Ensure there is a minimum of 60m² external area.
  • Keep at least 3m away from any trees over 6m tall.
  • Your property must have an existing dwelling.
  • The granny flat must be built on the same site as the principal dwelling, not on an individual lot within a community title scheme or strata plan.

Building a bigger site

Hold off on noting down those details just yet. The specifications mentioned above vary depending on the size of the land, especially when it exceeds 900m². Check out the table below to see the specific requirements set by NSW councils for lots ranging from 900m² to 1,500m² and exceeding 1,500m².

Granny Flat Setback Requirements for Approval on Your Block Size:

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Streamlined approval in 10 days

Are you ready to skip the hassle of lengthy council approval and opt for a Complying Development Certificate instead? If your property meets the size requirements mentioned earlier, you’re good to go for this fast-track granny flat approval process. 

If you’re unsure whether your plot meets the criteria, we can arrange a free site inspection by one of our experts to assess the feasibility of building a granny flat with a Complying Development Certificate. 

Just reach out to us via phone or fill out the form below! Alternatively, you can dive deeper into granny flats in Australia with our ultimate guide.



 


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