Building and Development Information Guides

Are you looking to build or renovate?

Looking for a guide to assist in determining what type of development requires an application to Council?

See the below information guides for general information regarding building and developing.

The information provided is to be used as a guide to assist you in determining if you require a development application for works you plan to carry out and the relevant planning controls to consider in the preparation of your application where required.

Council cannot advise whether your development is classified as exempt. This is something you must be satisfied with as the property owner. You may choose to engage the help of a development professional such as a town planning consultant, building surveyor/certifier, architect or draftsperson to help you through your development process.

This information provides a summary of key elements. Any person using this information must do so on the basis that, not every scenario and issue can be addressed, and discussion with Council should be undertaken. This information is subject to change without notice.

Advertising Signage

Do I need approval?

Can I apply for a Complying Development Certificate?

I need a Development Application. What do I do?

Other Considerations

Helpful Links

Air Conditioning

Asbestos

Boarding Houses and Co-living

With the introduction of the Statement Environmental Planning Policy (Housing) 2021, boarding houses have been redefined and co-living housing has been introduced as a residential land use.

Boarding houses and co-living housing will be similar in terms of their built form and operation. Boarding houses are a type of affordable housing which must now be managed by registered community housing providers.

Co-living housing provides a compact, ready to occupy form of accommodation for a range of people including young professionals and key workers.

The definition of each use are as follows:

Boarding house means a building or place:

that provides residents with a principal place of residence for at least 3 months, and
that contains shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
that contains rooms, some or all of which may have private kitchen and bathroom facilities, and
used to provide affordable housing, and
if not carried out by or on behalf of the Land and Housing Corporation—managed by a registered community housing provider,

but does not include backpackers’ accommodation, co-living housing, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

Co-living housing means a building or place that—

has at least 6 private rooms, some or all of which may have private kitchen and bathroom facilities, and
provides occupants with a principal place of residence for at least 3 months, and
has shared facilities, such as a communal living room, bathroom, kitchen or laundry, maintained by a managing agent, who provides management services 24 hours a day,

but does not include backpackers’ accommodation, a boarding house, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

Note: Co-living housing is a type of residential accommodation

NSW Department of Planning and Environment, Housing SEPP provides additional details on Boarding houses and Co-living housing.

Boarding House Development Information

Boarding house development is assessed under the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) and is classed as affordable housing, meaning that it is housing that is made available to very low, low and moderate income households, or a combination of these.

The Housing SEPP further differentiates boarding houses as those supplied by or on behalf of the Land and Housing Corporation or those not.

Does a Boarding House require development consent?

Where are Boarding Houses permitted in the Newcastle Local Government Area?

Planning controls relating to Boarding Houses

Co-living House Development Information

Co-living housing is typically built in highly connected areas, where residents have convenient access to work, study, and recreation opportunities. It often appeals to young professionals and key workers but can attract a wide variety of people from diverse demographics. Some key features include:

Small private rooms, complemented by shared indoor and outdoor spaces which encourage residents to come together to relax and socialise,
Private and shared spaces that are fully furnished and ready-to-occupy, and
A sense of community that is often actively encouraged by a manager, who is responsible for managing shared spaces.

Co-living housing may be used as off-campus student accommodation.

Does Co-living housing require development?

Where is Co-living housing permitted in the Newcastle Local Government Area?

Planning controls relating to Co-living housing

Building Height Explained

Carport

A carport is an ancillary structure to a dwelling house that houses vehicles and can be attached or detached from the dwelling.

Does a Carport need development consent to be built?

There is exempt development for carports, meaning that if you meet the criteria found in Subdivision 10, Carports, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, you do not need to obtain development consent from Council or a Private Certifier.

Should the proposed carport not meet the exempt development criteria development consent will be required. Consent can be obtained either be a complying development certificate or a development application.

To complete a Complying Development Certificate the development must comply with the Part 3 Housing code Part 3, Housing Code, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Alternatively, a Development Application may be lodged and will generally need to meet the following criteria from Newcastle Development Control Plan 2012:

Performance criteria

Acceptable solutions

Carports

1. Structures and vehicular access do not dominate the streetscape.

2. Structures are compatible with the scale and bulk of desired residential development character.

3. Vehicles can enter and exit the site in a safe manner.

1. The carport has a maximum floor area of 40m².

2. The carport has a maximum height of 4.5m above existing ground level.

3. Complies with acceptable solutions under Section 3.02.10 Car parking and vehicular access.

4. The minimum front setback is 1m behind the building line or 5.5m from the property boundary of the road frontage, whichever is the greater.

5. Side/rear setbacks:

a) The setback from side boundaries complies with the acceptable solutions under Section 3.02.04.

b) The minimum setback to the rear boundary is 900mm. Note: Allowable encroachments outlined under Section 3.02.04 continue to apply.

6. A carport has two or more sides open and not less than one-third of its perimeter open.

7. A carport on a laneway is setback a minimum 7m from the boundary on the opposite side of the laneway.

Change of Use

A change of use occurs when the use of a building or part of a building changes from one land use to another.

Do I need approval?

Can I apply for a Complying Development Certificate?

I need a Development Application. What do I do?

Other Considerations

Helpful Links

Demolition

Demolition as Exempt Development

Demolition as Complying Development

Demolition as a Development Application

Applicable Development Control Plans

Demolition Containing Asbestos

Other Considerations

Fences

Do I need Approval?

Exempt development

Complying development

Costs of a dividing fence

Resolving fencing disputes

More information

Fire Places - Domestic Oil and Solid Fuel Heating

There are two types of fireplaces also known as solid fuel heaters:

Built in fireplace – usually constructed of brick or stone that is built into the structure of the building
Stand-alone fireplace – standalone structure with only the flue going through the wall or ceiling and roof

Do I need development consent?

Other Approvals?

Additional Information

Other Considerations

Helpful Links

Garage

Home Based Commercial Enterprises (HBCE)

If you wish to run a business from your place of residence the following information will help determine if it’s possible or if you need development consent.

There are four types of home-based business:

home business
home industry
home occupation
home occupation (sex services)

The main definition of all the types home based commercial enterprises is that there is no impact on the neighbourhood by way of emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, waste products, grit or oil, traffic generation or otherwise.

If your proposed development will likely have one or more of the above impacts, it will not meet the definition of the following uses and a HBCE will not be permissible.

Home Business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following:

(a) the employment of more than 2 persons other than the residents,

(b) interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,

(d) the exhibition of signage, other than a business identification sign,

(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

Home Industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following:

(a) the employment of more than 2 persons other than the residents,

(d) the exhibition of signage, other than a business identification sign,

(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

but does not include bed and breakfast accommodation or sex services premises.

Industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.

Home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

(a) the employment of persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(d) the exhibition of any signage (other than a business identification sign), or

(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

Home Occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:

(a) the employment of persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or

(d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include a home business or sex services premises.

Maximum floor area for certain development

Development involving food handling or skin penetration procedures

Exempt development

Development permitted without consent

Development requiring consent

Home Building Compensation Fund (HBCF)

Lead Paint

Mobile Business

Owner Builders

Pollution Signs

Retaining Wall

A retaining wall is a structure erected to support excavated or filled earth on a property.

The installation of a retaining wall is the responsibility of the landowner that has excavated or filled their land.

Adjoining landowners may become involved when the retaining wall is located on the common boundary of both properties and/or the wall is for the benefit of both properties. In the case of a common retaining wall, the two adjoining landowners must agree on any proportionate costs. Council cannot act as a mediator in relation to costs.

Do I need approval?

Can I apply for a Complying Development Certificate?

I need a Development Application. What do I do?

Other Considerations

Helpful Links

Secondary Dwellings - Granny Flats

A granny flat is defined as a secondary dwelling in planning legislation. The definition of a secondary dwelling is:

secondary dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling), and

(b) is on the same lot of land as the principal dwelling, and

(c) is located within, or is attached to, or is separate from, the principal dwelling.

A secondary dwelling is not required to have separate vehicle access or separate services.

A Secondary dwelling cannot be subdivided from the principal dwelling.

Is a secondary dwelling permissible within the zoning of my site?

How big can I build a secondary dwelling?

Do I need development consent for a secondary dwelling?

Design Standards for secondary dwellings:

Can a secondary dwelling be a prefabricated/manufactured/transportable dwelling?

Will I have to pay Infrastructure contributions as well?

Flood and/ or bushfire affected land?

Next step?

Helpful Links

Shed

Shipping Containers

Do I need approval?

Can I apply for a Complying Development Certificate?

I need a Development Application. What do I do?

Other Considerations

Helpful Links

Short Term Rental Accommodation

Short Term Rental Accommodation relates to tourist and visitor accommodation commonly known as AirBNB or short stay accommodation. As of 1 November 2021, new legislation was introduced under the State Environmental Planning Policy (Housing) 2021.

Exempt Development

The following information is the exempt development criteria for STRA. This means that you will not need to obtain development consent from Council or a Private Certifier if you meet these criteria.

Clause 111 - Hosted short-term rental accommodation is exempt development if it meets the general requirements (clause 113 – see below)

Clause 112 – Non-hosted storm-term rental accommodation is exempt development if it meets the general requirements (clause 113 – see below).

(Please note that City of Newcastle is not within the prescribed area that restricts non-hosted STRA to 180 in a 365-day period.)

Clause 113 General requirements

the dwelling must have been lawfully constructed to be used for the purpose of residential accommodation,
The dwelling must not be part of the tenanted component of a building,
the dwelling must comprise, or be part of, residential accommodation other than the following—
- a boarding house,
- co-living housing,
- a group home,
- a hostel,
- a rural workers’ dwelling,
- seniors housing,
the type of residential accommodation that the dwelling comprises, or is part of, must be permitted with or without development consent on the land on which the dwelling is located,
the dwelling must be registered on the register established under clause 102C of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021,
the dwelling must not be, or be part of, refuge or crisis accommodation provided by—
- a public or local authority, including the Department of Communities and Justice, the Land and Housing Corporation or the Aboriginal Housing Office, or
- another body funded wholly or partly by the Commonwealth or the State,

if the dwelling is classified under the Building Code of Australia as class 1b or class 2–9

Note. Part 13A of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 includes fire safety requirements for STRA
- the dwelling must have a current fire safety certificate or fire safety statement, or
- no fire safety measures are currently implemented, required or proposed for the dwelling, and
the dwelling must not be a moveable dwelling within the meaning of the Local Government Act 1993.
the use of the dwelling for the purposes of short-term rental accommodation must otherwise be lawful, and
Note. In addition to the requirements set out above, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licenses, permits and authorities still apply. For example—
- section 137A of the Strata Schemes Management Act 2015 provides that a by-law may prohibit a lot being used for the purposes of a short-term rental accommodation arrangement, and
- conditions of development consent, or a lease, may impose additional restrictions.

Is Development Consent Required?

Registration of STRA

Fire Safety Requirements

Code of Conduct

Strata and tenancy laws

Definitions

Helpful links

Studio

A studio is a detached part of a dwelling that is generally used by members of the household for either a home office, games room or art studio.

Studio does not include a detached part of a dwelling (rumpus room, lounge room, or bedroom) or a secondary dwelling (granny flat).

Most studios will be classed as non-habitable structures and can’t be used as a liveable space.

Does a studio need development consent to be built?

Yes, a studio will require development consent prior to construction. Consent can be obtained either be a Complying Development Certificate or a Development Application.

To complete a Complying Development Certificate the development must comply with Part 3, Housing Code, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Alternatively, Development Application may be lodged and will generally need to meet the following criteria from Newcastle Development Control Plan 2012:

Performance criteria

Acceptable solutions

Detached Studios

1. The detached studio complements and harmonises with the principal dwelling on the site and the positive elements of the streetscape.

2. The detached studio is compatible with the scale and bulk of desired residential development character.

3. Ensure adequate amenity for the principal dwelling.

4. Ensure adequate amenity for surrounding properties.

1. The development complies with all acceptable solutions under this Section 3.02 (as for the principal dwelling), other than:

a) Floor space - in addition to any floor space ratio controls (as per section 3.02.01 Density), the total floor area of the detached studio must not exceed:

• If lot area is not more than 350m² - 20m².

• If lot area is more than 350m² - 35m².

b) Height - the detached studio has a maximum height of 4.5m above existing ground level.

c) Street frontage appearance - if the detached studio addresses a road frontage then the studio must have a window of a habitable room that is at least 1m² in area facing the road.

d) Side/rear setbacks:

i) The setback from side boundaries complies with the acceptable solutions under Section 3.02.04.

ii) The minimum setback to the rear boundary is 900mm.

Note: Allowable encroachments outlined under Section 3.02.04 continue to apply.

e) Private open space - the detached studio must maintain a principle area of private open space* for the principal dwelling.

*Principal area of private open space – a 3m x 4m level area of private open space directly accessible from the main living area of the dwelling.

Subdivision

The following information will be able to help with determining if it’s possible to subdivide an allotment of land. The information provided is a guide only and you should seek advice from an independent surveyor or town planning consultant to determine if subdivision is possible.

Process of torrens title subdivision

Step 1: Search address on NSW Planning Portal website “Find a Property” and identify the minimum lot size – most residential areas will be either 400m² or 450m² within the Newcastle LGA.

The minimum lot size is defined in the Newcastle Local Environmental Plan 2012 (LEP) clause 4.1. This measurement is the minimum size required for all newly created lots for a subdivision only development.

Note: there is another minimum lot size possible which is discussed below.

Step 2: Confirm that the lot in question will achieve the minimum lot size if subdivided I.e. lot is currently 800m² There are also other factors to consider when deciding if the lot can be subdivided, such as:

Shape of lot
Existing structures on lot
Existing easements or covenants
Existing infrastructure
Ability to provide infrastructure to new lots – power, water, stormwater drainage, sewer, garbage collection, vehicle and pedestrian access, postal access.
Is the land identified as bushfire prone?
Is the land identified as flood prone?
Is it possible for vacant lots to be built on?
If any existing structures are to remain will they still be able to meet the Newcastle Development Control Plan and Building Code of Australia requirements?
Will the subdivision meet the requirements of the Newcastle Development Control Plan 2012 section 3.01?

Step 3: Obtain development consent for the subdivision from Council. You will need to lodge a development application with Council demonstrating that the subdivision meets the relevant legislation, plans and policies. You can engage a Town Planning Consultant or Land Surveyor to help you with your development application.

Step 4: If you receive development consent for your subdivision, make sure you read all the conditions of the consent to ensure that you are aware of any work that will be required to be completed prior to registering your subdivision.

Step 5: Once any work required has been completed you are ready to start the process of registering your subdivision. A registered surveyor will be required to complete a deposited plan, administration sheet and any 88b instrument required.

These documents will need to be submitted to Council with an application form for a Subdivision Certificate along with any other documents that are identified as required within the development consent for the subdivision.

Step 6: Once Council is satisfied that all necessary works have been completed and all appropriate documentation provided, the subdivision certificate will be released along with the signed deposited plan, administration sheet and any 88b instrument.

Your surveyor can now register the subdivision with NSW Land Registry Services. Please note there will also be legal documentation that may be needed such as land titles so make sure your surveyor has advised you what else is needed.

What if I don't meet the minimum lot size?

Multiple lots at an address

Subdivision of caravan park/manufactured home estates

Definitions

88b instrument – document that sets out affecting interests such as easements, profits a prendre, Restrictions on the use of land and positive covenants. Must comply with Section 88B of Conveyancing Act 1919.

Address – an address is the street location of a lot, it includes the street number not a lot number, street name and suburb. An address can include one or more lots and are usually created by Councils in accordance with national standards to be registered with the postal service and emergency services – so it is important to have your correct official address.

Administration sheet - The administration sheet is an approved form for signatures that replaces the need to endorse signatures and seals on the deposited plan. The administration sheet must contain all the signatures, seals and certificates required by the Registrar General, endorsed in the appropriate panels on the approved form. Under NO circumstances should a blank administration sheet be photocopied, faxed or folded for posting to a solicitor, client, council or other person for endorsement of a signature(s). The sheet is an original document and will be rejected if it does not conform to the standard requirements for original documents.

Covenants – a condition imposed on land for something to either be done (positive covenant) or not be done (restriction on use of land (restrictive covenant)).

Deposited plan (DP) – plan of title/subdivision under the Torrens Title System.

Easements - A right applying to land. It enables a parcel to have the use of other land in different ownership, for a specific non-exclusive purpose. Without the easement the use would constitute a trespass or nuisance. Easements fall into two categories:

Private easements are made between the owners of two or more parcels of land. The land having the benefit of the easement is known as the dominant tenement while the land having the burden of the easement is the servient tenement.
Easements in gross are created in favour of the Crown or a public or local authority constituted by an Act of Parliament. An easement in gross does not have a dominant tenement and the right to release, vary or modify them is vested in the creating authority.

Land Title – is the record of ownership of lot/s. Commonly there is only one lot within an individual land title, though a land title can parcel together more than one lot.

LGA - Local Government Area.

Lot (in Torrens Title System) – a lot is a defined piece of land identified by a single number in a Title Plan that can be owned. A lot is defined by boundaries and is usually in one location, though can be found to be separated by other lots or roads.

Positive Covenant - A condition imposed by, or for the benefit of a prescribed authority requiring the maintenance and/or repair of land e.g., to maintain a building and its foundations to ensure the safe working of a railway passing below it, or to erect a habitable dwelling upon the land within a specified period of time. The Positive Covenant must be in terms that directly require the owner of the land to do some positive action.

Restriction on use of land (restrictive covenant) - An agreement between two or more parties that something will not be done with the land. The benefit of the restriction may be adjoining land, nearby land or the council. It is negative (restrictive) in nature and may be created to :

protect a residential amenity e.g., a view
preserve the environment e.g., preventing the lopping of trees or restricting where buildings can be erected
restrict undesirable development and preserve the character of the neighbourhood e.g., limiting the height of buildings and/or the material of construction and/or fencing type.

Strata title - defined as ‘subdivision’ in the Environmental Planning and Assessment Act 1979. Strata subdivision can subdivide buildings and land into separate lots capable of individual ownership, with additional areas of land designated as common property. Those owning lots within the scheme have a proportional entitlement to use the common property and also a proportional responsibility for its maintenance. Examples are buildings such as townhouses, flats, industrial units and shops, with outside areas such as gardens, driveways and car parking spaces usually being part of the common property lot, owned and managed by the ‘Owners Corporation’.

Subdivision – a plan of subdivision divides a parcel of land into parts for separate use.

Torrens title – the traditional or ‘single lot’ form of subdivision, common in many residential estates. The Torrens title system is based on a plan of survey, or a plan compiled from survey, which defines the boundaries of a parcel of land at the date upon which it was registered.

Helpful links

Swimming Pool/ Spa

Temporary Events and Uses on Private Land

Tiny Houses

A Tiny House is a smaller than average dwelling and can be fixed to a lot like a normal dwelling, built on a trailer or is a transportable dwelling.

Generally, a Tiny House can be defined in the NSW Planning Legislation as either, a dwelling, or a moveable dwelling.

In this information guide the two types of Tiny Houses will be informally referred to as:

Type A for a dwelling type Tiny House, and
Type B for a moveable type Tiny House.

Note:

For the purposes of this information guide the location of the Tiny House will be on a residential lot only and does not refer to caravan or camping grounds or manufactured home estates, please contact City of Newcastle's Duty officer on 02 4974 2000 to discuss development on these types of land and land uses.

Type A: Tiny House – Dwelling

Type B: Tiny House – Moveable Dwelling

Definitions

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling house means a building containing only one dwelling [on a single lot of land].

campervan means a moveable dwelling (other than a caravan) that is designed so as to be capable of being registered (within the meaning of the Road Transport Act 2013) as a motor vehicle, and includes a camper trailer.

caravan means a moveable dwelling that is designed so as to be capable of being registered (within the meaning of the Road Transport Act 2013) as a trailer but does not include a camper trailer.

movable dwelling means—

any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
a manufactured home, or
any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition.

manufactured home means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling—

that comprises one or more major sections, and
that is not a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013, and includes any associated structures that form part of the dwelling.

relocatable home means—

a manufactured home, or
any other moveable dwelling (whether or not self-contained) that comprises one or more major sections, including any associated structure that forms part of the dwelling, but does not include a tent, caravan or campervan or any moveable dwelling that is a vehicle of a kind that is capable of being registered within the meaning of the Road Transport Act 2013.

secondary dwelling means a self-contained dwelling that—

is established in conjunction with another dwelling (the principal dwelling), and
is on the same lot of land as the principal dwelling, and is located within, or is attached to, or is separate from, the principal dwelling.