Frequently Asked Questions

Start by understanding the planning controls that apply to your land:

1. Zoning – Determines what types of development are permitted (houses, duplexes, commercial, etc.)
2. FSR (Floor Space Ratio) – Controls how much floor area you can build
3. Height limit – Maximum building height allowed
4. Setbacks – Minimum distances from boundaries
5. Title restrictions – Easements or covenants that may limit development

The Local Environmental Plan (LEP) and Development Control Plan (DCP) for your council contain these controls. A Section 10.7 Certificate confirms what applies to your specific property.

The key documents are:

• Certificate of Title – Shows ownership and any encumbrances (mortgages, caveats)
• Deposited Plan (DP) – Survey showing lot boundaries, dimensions, and easements
• 88B Instrument – Details of any easements or covenants (if they exist)
• Section 10.7 Certificate – Official statement of planning controls from council

Together, these tell you what you own, what's on the title, and what planning rules apply.

It depends on what you're planning:

• Simple projects – You can often understand the basics yourself by reviewing planning controls
• Complex projects – An architect, town planner, or building designer can help navigate constraints and maximise potential
• Before buying – Due diligence is crucial; consider getting professional advice for significant purchases

Property Jeanie helps you understand the fundamentals before engaging professionals, so you can have informed conversations and ask the right questions.

In most NSW R2 Low Density Residential zones, attached dual occupancies (duplexes sharing a common wall) are permitted with development consent.

Key requirements typically include:

• Minimum lot size (often 400-600sqm, varies by council)
• Minimum frontage (often 12-15m)
• Meeting FSR, height, and setback controls
• No restrictive covenants preventing multiple dwellings

Detached dual occupancies (two separate buildings) have different rules and aren't permitted in all areas.

Subdivision depends on several factors:

• Minimum lot size – Each resulting lot must meet the minimum (e.g., if minimum is 450sqm, you need at least 900sqm to create two lots)
• Frontage requirements – Both lots typically need street access
• Existing structures – May need to demolish or reconfigure
• Services – Each lot needs water, sewer, electricity connections

Battleaxe subdivisions (rear lot with driveway access) are common where frontage is limited.

Secondary dwellings (granny flats) are permitted in most residential zones under the State Environmental Planning Policy (Housing) 2021.

Key rules include:

• Maximum 60sqm floor area
• Lot must be at least 450sqm
• Only one secondary dwelling per lot
• Must meet setback and other development standards

Many granny flats can be approved as Complying Development, making approval faster and simpler.

CDC is faster and cheaper but requires strict compliance. DA allows more flexibility but takes longer.

Common exclusions from complying development include:

• Heritage listed property or in a Heritage Conservation Area
• Flood prone land (above certain thresholds)
• Bushfire prone land (varies by category)
• Contaminated land
• Certain environmentally sensitive areas
• Land with significant slope
• Lots that don't meet minimum size/frontage requirements

If excluded from CDC, you'll need to lodge a DA instead.

Floor Space Ratio (FSR) is a ratio of total floor area to site area.

Example: 600sqm lot with 0.5:1 FSR

• Maximum floor area = 600 × 0.5 = 300sqm
• Could be: single storey 300sqm, or two storeys of 150sqm each

FSR counts Gross Floor Area (GFA) – generally all enclosed spaces measured from external walls. Garages, balconies, and some other areas may be excluded depending on definitions.

An 88B Instrument is a legal document that creates easements or covenants on land. It's named after Section 88B of the Conveyancing Act 1919.

Why it matters for development:

• Easements – You generally can't build over drainage or service easements
• Rights of way – May need to preserve access for neighbours
• Building restrictions – Some covenants limit dwelling numbers, building materials, or uses
• Party walls – May allow (or require) building on boundary

Old covenants that are obsolete or unreasonable can sometimes be extinguished through a Section 88K application to the Supreme Court.

A Section 10.7 Certificate is the official statement of planning controls affecting your property, issued by council.

Two types:

• 10.7(2) – Standard certificate covering prescribed matters (zoning, heritage, FSR, height, etc.)
• 10.7(5) – Includes additional information council holds (flood studies, contamination, road widening, etc.)

The 10.7 certificate is essential for due diligence when buying property or planning development. It's the official word on what council knows about your land.

Flood affectation varies in severity:

• Flood planning area – Most restrictive; floor levels and development types may be limited
• Between FPA and PMF – Some restrictions, typically around floor levels and evacuation
• Above PMF – Generally no flood-related restrictions

Even in flood-affected areas, development is often possible with appropriate design. Council's flood policy and the 10.7 certificate will specify requirements.

Heritage listing doesn't prevent development, but it does require careful consideration:

• Significant fabric must generally be retained
• New work should be sympathetic to heritage character
• A heritage consultant may be required for your DA
• Complying development may not be available

Being in a Heritage Conservation Area (even if your building isn't individually listed) also triggers additional controls around design and materials.