Legislation And Definitions Flashcards
What is a easement
the use of essential services such as water and electricity somewhere in someone’s land for other properties. Easements include drains, pipes, gas and data cables etc.
Easement requirements
- No building is allowed directly on top of an easement but is allowed next to the easement as long as it doesn’t affect the easement
- Building next to the easement must provide full access to easement, must not cause damage to easement or weaken it for future damage
- also depending on the clearance from the local council.
Setback?
is the required horizontal distance between the front, rear and sides of the building. Usually measured from the building line to the building. Inside the horizontal distance no building is allowed.
Primary Road Setback?
- Minimum setback from a primary road is determined by the set-backs of the 2 nearest dwelling houses within 40m of the lot on the same side of the primary road.
- If there are no dwellings within 40m of the lot, then setbacks are determined by the lot size.
How is setback on primary road determined within 40m
The 2 nearest dwellings setbacks within 40m of the lot are added together and divided by 2 to determine the setback for main lot. Eg. 9000+9400=? Divided by 2 = lot setback from primary road
No 2 dwelling houses within 40m on same side of primary road?
Lot size. Min. Setback 200m2 - 300m2 3m >300m? _900m2 4.5m >900m?-1,500m2 6.5m >1,500m2. 10m
Side setbacks buildings
Dwelling houses, carports or garages, detached developments all require a side setback from boundary.
Side setbacks are determined on the width and height of the property.
Side setback minimum
900mm minimum
Rear setbacks
A dwelling house or any detached developments (garages, balconies, pergola,shed) must have a rear setback from rear boundary.
Attached DEVELOPMENT
means NOT more than 900mm from another building or structure. Attached developments include:
- access ramp
- Balcony, deck, patio, pergola
- Basement
- Carport
- Shed
Detached DEVELOPMENTS
means MORE than 900mm from another building or structure. Detached development include:
- Cabanas
- Sheds
- Pergola
- Carport
- Detached studio
Attached DWELLING
means a building containing 3 or more dwellings where;
- each dwelling is attached to another dwelling by a common wall
- Each of the dwelling is on its own lot of land and
- None of the dwellings is located above any part of another dwelling
Detached DWELLING
a building that contains one dwelling on a single plot of land that is not attached to any other dwelling.
Semi-Detached DWELLING
is a dwelling that is on its own lot of land and is attached to ONLY one other building
Articulation zone
means an area of lot in front of the building line (outside wall) which building elements are allowed to be located (balcony, porch) being an area measured from:
- one side of the boundary lot to the opposite side of the boundary lot.
Ancillary developments
is a variety of types of minor developments that would be used with the occupation and use of a dwelling or dual occupancy that usually have minimal environmental impact, these include:
- Carport
- Pergola
- Shed
- Balcony
- Detached studio
- Outbuilding
Exempt Developments
a development that doesn’t need any planning or approval. These include: depending on size of lot (PART 2 DIVISION 1 SEPP 2008)
- Access ramps SUBD.1
- Aerials, antennas and communication dishes SUBD.2
- Air-conditioning units SUBD.3
- Animal shelters SUBD.3A
- Automatic teller machines SUBD.3B
- Aviaries (bird cage) SUBD.4
Complying development
is a combined planning and construction approval for a development that can be done by a council or accredited certifier.
When can’t a Complying development be carried out ?
- within a heritage conservation area unless for detached developments
- On Land reserved for public purpose (parks) by an environmental planning instrument
- On land known as class 1 or class 2 on an acid sulfate soils map.
What are Classified roads ?
- A main road
- Highway
- Freeway
- Secondary road
- Tollway
Etc
Attached Dual Occupancy
Attached dual occupancy: 2 dwellings on 1 lot of land attached to each other
Detached Dual Occupancy
2 dwellings on 1 lot of land that are detached from each other.
Standard lot
A lot with a primary road
Parallel road lot
A lot that has boundaries with a parallel road (rear) and a primary road (front)
Corner lot
A lot in a corner with a primary and secondary road
Battle axe lot
A lot that is behind another lot that has its own access driveway to the primary road.
Battle axe lots have 3 side boundaries and 1 rear boundary.
The building line for battle axe lot is the rear boundary of the front dwelling lot in front of the battle axe lot
Common wall
A wall that runs and is shared between two properties.
Dilapidation report
means a report done by a professional engineer confirming the structural condition of the adjacent properties of a dwelling before or after development commences.
Landscape area
means a part of site used for growing plants, grasses and trees. At least 25 % of the landscape area must be at the front of dwelling and at least 50% of landscape area is behind building line.
Minimum landscaping area
450 m2 - 600m2. :20% of lot area
=600m2 - 900 m2. :30% of lot area
=900m - 1.500m2. :40% of lot area
What is a DA and CC
A DA is a development application that is only be approved and processed by a local council and acts as a request to the council to build.
A CC is a construction certificate that can be given by either a council or a private certifier for construction on the building to commence. This is given after a DA is approved by only the local council.
What is a CDC
Complying Development Certificate acts as both a development application and a construction certificate that can only be approved by a private certifier and usually takes two weeks to be approved.
What does NCC stand for
National Construction Code
What does BCA stand for
Building Code of Australia
Difference between BCA and NCC
Both have the Same objective, BCA is the old name and NCC is the new name.
Meaning of Detached Studio
means a habitable building that is used for purposes ancillary to a dwelling house such as a home office, entertainment area, art studio or guest room
Gross Floor Area
GFA is the floor area measured from the internal walls of a building that includes all rooms in the building such as kitchen, bedrooms, bathrooms and stairs on the ground floor and excluding things such as Stairs on first floor, Balconies, storage areas, garages etc.
First floor meaning
The floor after Ground Floor
Habitable Room
A room that is at least 2.4m high and could be considered liveable.
Heritage meaning
means a building, work, archaeological site, tree, place or Aboriginal object
Can you destroy or work on heritage buildings or places?
No destroying or altering the looks of the exterior of the heritage site however some councils allow renovations of the interior.
Outbuilding meaning
Class 10a buildings such as pergola, balcony, shed, farm building, detached developments, rain water tanks etc.
Subdivision meaning
I’m case of a building, means splitting 1 lot of land into 2 or more lots.
POS meaning
Private Open Space area : means an area that is accessed from a habitable room, usually located in the rear of a dwelling.
Setback meaning
The horizontal distance between the boundary of a building and the building line.
Building line meaning
Is the line of the outside wall existing or new building
Party wall meaning
A wall that runs through two buildings aka a common wall.
Mandatory Dwelling Inspections
Pre- Approval inspection Pre- Commencement Inspection Footings and slabs / Piers Framing Inspection Wet Area Inspection Stormwater Inspection Final Inspection
Pre Approval Inspection?
Required inspection before a CDC or CC is approved.
Pre Commencement Inspection
Required Inspection before CDC or CC is issued - similar to Pre Approval
Footings and Slabs
Footings : inspection of excavation work to prepare for footings
Slab : Inspection of concrete slab
These two are usually inspected together.
Framing Inspection
Inspection of all Framing work in the dwelling such as timber
Waterproofing Inspection
Inspection of the wet areas such as bathrooms that must be waterproofed
Stormwater Inspection
Inspection of stormwater drains
Final inspection
A thorough top to bottom complete inspection of the dwelling before the OC is issued.
Rainwater Tank
Its Purpose is to be storage of water collected from the roof of a building
New Dual Occypancies / Duplexes
Per SEPP 2008 schedule 6A part 3 -
new duplexes must have atleast one tree of atleast 8M height in the rear and one of atleast 5M height at the front at each unit.
SEPP 2008
State and environmental planning policy 2008 is a building legislation that contains all building requirements such as Floor area requirements and setbacks etc.
Difference between SEPP and NCC
SEPP : focuses on the measurements and lot requirements aspects of a building.
NCC: focuses on the performance of a building such as the minimum required level for safety, health, amenity, accessibility and sustainability of certain buildings.
So SEPP focuses mainly on the land or lot and NCC focuses on the performance of a building.
SEPP 2009 or 2021
Focuses on affordable housing such as granny flats, secondary dwellings etc.
