State Environmental Planning Policy (Housing) 2021

This Division applies to development for the purposes of a secondary dwelling that—

is on land in a residential zone other than Zone R5 Large Lot Residential, and

does not involve the erection of, or alterations or additions to, a basement, and

does not involve the erection of, or alterations or additions to, a roof terrace on the topmost roof of a building.

If development to which this Division applies relates to a secondary dwelling attached to or separate from the principal dwelling, the development is complying development if the development—

meets the general requirements for complying development set out in the Codes SEPP, clauses 1.17A and 1.18(1) and (2), and

is not on land referred to in the Codes SEPP, clause 1.19(1), and

is on a lot with an area of at least 450m², and

meets the development standards set out in Schedule 1.

If development to which this Division applies relates to a secondary dwelling located within the principal dwelling, the development is complying development if the development—

meets the relevant provisions of the Building Code of Australia, and

is not on land that is an environmentally sensitive area within the meaning of the Codes SEPP, and

is not on land that comprises, or on which there is, a heritage item or a draft heritage item within the meaning of the Codes SEPP, and

involves no external alterations to the principal dwelling other than the provision of an additional entrance, and

will not result in a dwelling on the land, other than the principal dwelling and the secondary dwelling, and

will not result in the floor area of the secondary dwelling being—

more than 60m², or

if a greater floor area is permitted for a secondary dwelling on the land under another environmental planning instrument—more than the greater floor area.