Dual Occ-Torrens : Low Rise Medium Density

New provisions in the Codes SEPP commence on 6 July 2018.  The new legislation is aimed at restoring the missing middle to the housing market, namely one and two storey dual occupancy, manor houses and terraces.

Amendments to the Subdivision Code allow subdivision of dwellings approved by the new housing code by Torrens Title.  Torrens title subdivision applies to properties where there are no horizontal overlaps. 

A DA from Council for the construction of a dual occupancy or low rise medium density development will not be required. Instead, a Building Certifier will issue a Complying Development Certificate under the new Part 3B of the amended Code.

The amended Code now allows a B1 Accredited Certifier to issue the Subdivision Certificate for Torrens Subdivision, instead of Council.

Where Torrens is being considered, applicants need to be conversant with the different requirements of servicing authorities.

Strata Subdivision is also available for Medium Density Housing approved under the new Code. 

The SEPP will override the LEP where the latter is based upon the Standard Instrument.

You can visit the State Governments planning portal to do a property search on the land zoning, LEP, floor space ratio, height of building and minimum lot size as well as lot and DP details and Council Contact Details.

The minimum lot size for a Torrens title lot under the code “must be at least:

(i) 60% of the minimum size specified for the subdivision of land for the purpose of a dual occupancy in the environmental planning instrument that applies to the land, or

(ii) if no minimum size is specified—200m²,

(e) if the subdivision relates to multi dwelling housing (terraces), the area

of each resulting lot must be at least 200m².”

This short 45 second video explains the new Low Rise Medium Density Housing Code.

Click this link for the legislation.  Refer to pages 61-72 for the amendment to the subdivision code.

Click this link to download the Medium Density Design Guide (210 pages).