NSW Apartment Design Guide Compliance Check

Specifically for residential flat buildings (RFBs) and shop-top housing under Chapter 4 of the Housing SEPP — typically buildings of 3 or more storeys with 4 or more apartments. Smaller multi-dwelling forms (dual occupancy, manor houses, terraces) use the LRHDC Check instead. Mixed-use developments with apartments use this check for the residential component.

The standalone SEPP 65 was repealed on 14 December 2023. Its provisions transferred into Chapter 4 of the Housing SEPP, with the 9 design principles preserved as Schedule 9. The Apartment Design Guide itself is unchanged and still applies. So when planners refer to 'SEPP 65', they typically now mean the Housing SEPP Ch 4 / Schedule 9 / ADG framework.

It's a written statement signed by a registered architect (NSW Architects Registration Board) certifying that the proposed development addresses each of the 9 Schedule 9 design principles. Cl 147 of the Housing SEPP makes it mandatory for every RFB DA AND every modification. Without one, the DA is incomplete. Our report covers the same ground and supports your architect's certification.

Yes, in two main ways. First, the in-fill affordable housing bonus under Chapter 2 Part 2 Division 1 of the Housing SEPP — if your project includes affordable housing units making up at least 15% of the GFA, you can access up to a 30% bonus on FSR and HOB above the LEP standards. Second, if you're within an LMR Stage 2 catchment (800m of one of 171 nominated centres or stations) the Stage 2 controls give substantial uplifts — up to 22m / 6 storeys within 0-400m. Our LRHDC Check covers Stage 2; this ADG Check covers the bonus mechanics.

Most breaches don't kill the DA. The ADG works via Design Criteria (numerical thresholds) and Design Guidance (qualitative). Breaches of Design Criteria can usually be addressed by demonstrating that the relevant Objective is still met through the Design Guidance — councils call this 'satisfying the objective via an alternative design response'. Our report identifies which breaches are 'killer' (consent cannot be granted) versus 'arguable' (objective can still be met).

Yes. Where the design exceeds an LEP development standard (typically HOB or FSR), a Cl 4.6 variation request is the standard mechanism. Where the variation is to a Housing SEPP-derived standard (e.g. the bonus FSR under s 16(3)) the variation is sought under that SEPP clause instead. Our report flags both scenarios.

Yes — RFBs typically require a substantial consultant team: registered architect (Design Verification Statement), structural engineer, civil/stormwater, geotech, traffic, BCA assessor, accessibility consultant, BASIX assessor / NatHERS, acoustic, arborist, landscape architect, waste management. Our report focuses on ADG / Housing SEPP compliance — your council DA will need the broader package.

All NSW councils. The Housing SEPP Ch 4 and ADG are state-wide, applying uniformly. Council DCPs may add complementary controls (typically around setbacks, materials and street character) which we flag for review on a council-specific basis.