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Exempt and Complying Development

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Exempt and Complying Development

NEW – Electronic Housing Code (EHC)

The Electronic Housing Code (EHC) is an online tool that enables people to:

  • Investigate whether you are eligible for Exempt and/or Complying Development based on your site restrictions;
  • Print and/or save an Exempt Development Report (this will show that you are eligible for exempt development for the specified site if the pre-determined standards are adhered to. These standards are outlined in the document for the user.)
  • Prepare and lodge a Complying Development application online using a standardised application process;
  • Track an application as it is processed using the dashboard feature; and
  • Download a determination (either Complying Development Certificate or a Refusal Notification letter) using the dashboard.

For more information on the Electronic Housing Code project, please go to www.ehc.nsw.gov.au .

Services provided by the EHC

The Electronic Housing Code project has a specific scope. As a result there are some things that you are unable to do within the system.

What is included?

This scope is to develop an online shared platform for the:

  • Preparation and lodgement of a Complying Development application under the NSW Housing Code. The applicant is able to track the progress of their application through this system as well.
  • Investigation of whether you are able to conduct the development as exempt or Complying Development. If eligible, the system will generate a report with the relevant development standards outlined for the applicant.

This system will also allow the applicant and nominated Certifier to hold discussions (recorded against the application), and select their preferred Certifier from a list of prepopulated Council or Private Certifiers involved in the project.

What is not included?

Within the EHC you are unable to conduct the following activities:

  • Obtain other approvals that may be needed as part of the Complying Development process, such as a Bush Fire Certificate, s149 Certificates and s68 approvals. The applicant will obtain those as they currently do now.
  • Use the EHC as a payment gateway to pay your nominated Certifier' fees. The applicant will continue to pay the fees as they currently do now, so if the relevant organisation offers electronic payment options then you will be able to use their existing facilities.
  • Prepare and lodge a Complying Development application under anything but the NSW Housing Code.

In addition to this, those properties that are situated in multiple local government areas or over different zones will be unable to use the system.

What is a certifier?

Accredited certifiers are professional people (or a body corporate) who are accredited by the Building Professionals Board, under the Building Professionals Act 2005, to issue certificates in accordance with the planning legislation and ensure building and subdivision work complies with the local council’s development consent, required technical standards (such as the Building Code of Australia) and regulations.

An accredited certifier can work for a local council (known as a council accredited certifier) or a private company (known as a private accredited certifier). More information: http://www.bpb.nsw.gov.au/resources/85/accredited_certifiers_3.pdf

Accessing the EHC

To access the Electronic Housing Code visit www.electronichousingcode.com.au.

EHC Customer Service Portal

When using this system, if you require assistance, please contact in the first instance the EHC Project Management Office on:

If the team are unavailable, your nominated Certifier may be able to assist you. Alternatively, please log any queries using the EHC customer service portal. This system allows you to log questions or feedback and will enable the EHC Project Management Office to reply to your questions in a timely manner and capture your feedback.

To access this platform, please visit this address: http://ehc.zendesk.com/home.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

The Codes SEPP is a State Environmental Planning Policy (SEPP) which came into force on 27 February 2009. It contains the following codes for exempt and complying development:

  • Part 2 - Exempt Development
  • Part 3 - General Housing Code
  • Part 4 - Housing Alterations Code
  • Part 5 - General Commercial & Industrial Code

The Codes SEPP prevails over the Marrickville LEP 2011 regarding exempt and complying development. However, the Marrickville LEP 2011 contains some additional exempt and complying developments that are not covered by the Codes SEPP.

Exempt Development

The Codes SEPP allows for some small scale minor development (Exempt Development) to be carried out on certain land within the Marrickville LGA without requiring development consent.

Complying Development

The Codes SEPP also allows for small scale, low impact development called Complying Development to follow a fast tracked approval process. It allows for certain land within the Marrickville LGA to be developed for:

  • residential and commercial development including single and two storey dwelling houses 
  • ancillary residential development 
  • commercial and retail changes of use 
  • commercial and retail fit-outs

Complying Development is subject to the issue of a Complying Development Certificate from Council or an Accredited Certifier. For further information on how to obtain a Complying Development Certificate from Marrickville Council, please contact Council's Duty Building Surveyor on (02) 9392 5000.

Development Requiring Consent

All development that is not Exempt or Complying Development requires Council approval of a Development Application.