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Automated assessment — NSW

NSW Dual Occupancy & Multi-Dwelling Compliance Check

Automated compliance check for dual occupancy, manor house and multi-dwelling proposals across NSW. Covers the Low Rise Housing Diversity Code (CDC pathway), the LEP and DCP residential controls (DA pathway), and the Housing SEPP cl 166 / Ch 6 LMR Stage 1 override that permits dual occupancy in R2 state-wide.

Built for designers, developers and certifiers running dual-occ projects through metro and regional NSW councils.

Talk to a NSW Planner About a Dual Occ CheckCheck Your Zone First (Free)

From $49 per assessment. Bulk packs for designers and builders.

What this check covers

Dual occupancy, manor house, multi-dwelling housing and terrace proposals in NSW sit at an intersection of three different control regimes. We assess against all three:

State

SEPPs

Codes SEPP Pt 3B (LRHDC), Housing SEPP Ch 6 cl 166 (LMR Stage 1), Sustainable Buildings (BASIX), R&H (contamination), B&C (vegetation).

Council

LEP

Zone use table, HOB, FSR, minimum lot size, dual-occ thresholds (cl 4.1C), prohibition maps (cl 6.11), heritage (cl 5.10), site-specific provisions (cl 6.x).

Council

DCP

Setbacks, articulation, materials, POS, parking, deep soil, communal open space, character and design rules specific to your council's DCP residential chapter.

The product handles two pathways. CDC via the LRHDC is fast (20 days) but unforgiving — every standard must be met, and several councils have opted out of parts. DA via the LEP and DCP is the most common pathway for metro Sydney dual occupancies — slower but with merit-based flexibility (Cl 4.6 variations, DCP departures). Our assessment identifies which pathway is open to you and what each demands.

What the check assesses

40 standards across 11 categories. Each one cross-checked against your plans, the LEP, the DCP and the relevant SEPP.

Pathway & permissibility

3 standards

  • L1Pathway determination — CDC vs DA
  • L2LEP zone permissibility (with Housing SEPP override)
  • L3LMR Stage 2 catchment — 800m walking distance

Lot eligibility & exclusions

4 standards

  • L4Minimum lot size for dual occupancy
  • L5Lot frontage
  • L6Heritage exclusion
  • L7Environmentally sensitive land exclusion

Building envelope & massing

4 standards

  • L8Maximum building height
  • L9Number of storeys
  • L10Floor space ratio (FSR) / GFA
  • L11Building envelope (boundary planes)

Setbacks

4 standards

  • L12Front setback
  • L13Side setbacks
  • L14Rear setback
  • L15Secondary frontage setback (corner lots)

Built-form & character

4 standards

  • L16Articulation zone
  • L17Materials and finishes
  • L18Garage and driveway location
  • L19Two-dwelling design integration

Amenity (privacy, solar, acoustic)

3 standards

  • L20Visual privacy — overlooking
  • L21Acoustic privacy
  • L22Solar access

Open space & landscaping

4 standards

  • L23Principal private open space (PPOS) per dwelling
  • L24Communal open space (where required)
  • L25Landscaped area / deep soil
  • L26Tree Canopy Guide for Low and Mid-Rise Housing

Subdivision

4 standards

  • L27Torrens title subdivision after dual occupancy
  • L28Strata subdivision
  • L29Subdivision exclusion areas
  • L30Section 88B Instrument — restrictions on title

Hazards (heritage, bushfire, flood, contamination)

4 standards

  • L31Bushfire-prone land
  • L32Flood-affected land
  • L33Contaminated land
  • L34Acid sulfate soils

Parking & access

2 standards

  • L35Parking spaces per dwelling
  • L36Driveway and crossover

Sustainability & tree canopy

4 standards

  • L37BASIX certificate
  • L38NatHERS thermal performance
  • L39Vegetation removal — Bio&C SEPP Ch 2 / DCP
  • L40Stormwater management

Standards reflect the Codes SEPP, Housing SEPP, R&H SEPP and B&C SEPP, with typical LEP / DCP standards from metro-Sydney councils. Always confirm against the current instruments at legislation.nsw.gov.au and your council's LEP/DCP.

How it works

1

Confirm zone, lot and pathway

Run your address through the NSW Spatial Viewer to confirm the LEP zone (R1, R2, R3, R5), HOB, FSR, minimum lot size and any dual-occ prohibition. Heritage Conservation Areas and hazard mapping show up here too.

2

Upload your plans

Site plan, floor plans, elevations and any landscape plan to scale. We measure setbacks, calculate FSR, check articulation, review POS, and assess solar and overlooking impacts on neighbours and between the two dwellings.

3

Receive your report

Pass / fail per standard, with the LEP / DCP / SEPP clause reference, measured value and the required value. Flags whether CDC is available, whether a Cl 4.6 variation is likely needed, and what specialist reports the council will expect.

Pricing

Same as the single-dwelling Housing Code Check — one-off or bulk packs.

1 Assessment

$49
$49.00 per assessment

Best for designers running a one-off project.

5 Assessments

$199
$39.80 per assessment
Save $46

Bulk pricing for builders, designers and certifiers.

10 Assessments

$349
$34.90 per assessment
Save $141

Bulk pricing for builders, designers and certifiers.

20 Assessments

$599
$29.95 per assessment
Save $381

Bulk pricing for builders, designers and certifiers.

Prices in AUD, GST inclusive.

Why use the Dual Occupancy Check

Get the right answer before plans are finalised — covers CDC eligibility, DA pathway, LMR overrides and subdivision logic in one report

CDC vs DA, made clear

Tells you whether the Low Rise Housing Diversity Code is open to your proposal (20-day CDC) or whether you're on the DA pathway. Council opt-outs and exclusions factored in.

LMR Stage 1 override caught automatically

Housing SEPP cl 166 / Ch 6 permits dual occupancy with consent in R2 zones state-wide regardless of LEP prohibition. We flag this automatically — no more wondering whether your council still bans dual occ.

LEP + DCP layered together

Zone use table, HOB, FSR, minimum lot size, dual-occ thresholds, Cl 5.10 heritage, Cl 6.x site-specific provisions — assessed against your project, with the relevant DCP residential chapter overlaid.

Subdivision logic baked in

We check the LEP exemption (typically Cl 4.1(3B)) for dual-occ Torrens subdivision and flag where Cl 4.6 variation requests, double-dipping covenants or 88B Instruments are likely.

Catches the heritage / hazard exclusions

Heritage Conservation Areas, BAL-FZ bushfire, flood-storage land, coastal vulnerability — these exclude CDC entirely and may require specialist reports for the DA. Identified up front.

Plain-English standards

Every standard explained in plain language with the underlying clause reference. Pair the result with the Spatial Viewer (free) and you have the planning case for your project.

Related NSW planning resources

Single dwelling Housing Code Check

Sister product for one dwelling

DA / CDC / Exempt

Three pathways explained

SEPPs & overlays

Includes LMR Stages 1 & 2

Title in NSW

88B Instruments & covenants

Frequently asked questions

Dual occupancy and multi-dwelling proposals in NSW

What's the difference between this and the Housing Code Compliance Check?
The Housing Code Check is for ONE dwelling on ONE lot, assessed against Part 3 of the Codes SEPP. This Dual Occupancy / LRHDC Check is for TWO OR MORE dwellings — dual occupancies, manor houses, multi-dwelling housing and terraces — assessed against Part 3B of the Codes SEPP (CDC pathway) and the LEP / DCP (DA pathway). They share architecture and price but apply to different proposal types.
What is the LRHDC and is it actually being used?
The Low Rise Housing Diversity Code is Part 3B of the Codes SEPP. It allows dual occupancies, manor houses, multi-dwelling housing and terraces to go through the 20-day CDC pathway IF every standard is met AND the council has not opted out. The reality is uneven — several councils have opted out of parts of the LRHDC, and many lots are excluded by heritage or hazard mapping. Most dual occupancies in metro Sydney still go via DA, not CDC.
How does the Housing SEPP cl 166 / Stage 1 LMR fix apply?
On 1 July 2024 Stage 1 of the Low and Mid-Rise Housing Policy added clause 166 to Chapter 6 of the Housing SEPP. This permits dual occupancy and semi-detached dwellings with consent in R2 zones state-wide — overriding any LEP that previously prohibited dual occupancy in R2. The first DA we've audited that uses this mechanism (Carlingford 10 Keats Street, Parramatta) cites cl 166 explicitly to overcome cl 6.11 of the Parramatta LEP 2023 dual-occupancy prohibition map.
What if I'm in an LMR Stage 2 catchment?
From 28 February 2025 the Stage 2 LMR Housing Policy applies within an 800m walking distance of 171 nominated centres and stations across Greater Sydney, Central Coast, Lower Hunter / Newcastle and Illawarra-Shoalhaven. Stage 2 dramatically uplifts the controls — dual occupancy on a 450 sqm lot at 9.5m / 0.65:1 FSR, residential flat buildings up to 22m / 6 storeys within 0–400m, 17.5m / 4 storeys within 400–800m. Bushfire, flood and heritage areas excluded. Bathurst, Hawkesbury, Blue Mountains and Wollondilly LGAs also excluded.
Will my proposal need a clause 4.6 variation?
Often yes — particularly on FSR. After Torrens subdivision the per-lot FSR can exceed the LEP control even if the combined development is compliant. A clause 4.6 variation request, supported by a Section 88B 'no-double-dipping' covenant, is the standard approach. Our report flags this so you can plan for it.
What about strata vs Torrens subdivision?
LEP cl 4.1(3B) typically exempts dual-occ Torrens subdivision in R2 / R3 / R4 from the standard minimum lot size, where each resulting lot will contain one dwelling. Strata subdivision is governed separately, often by cl 4.1A — in some LEPs strata has a higher minimum lot size. We check both and recommend the right path.
Which councils does this work for?
All NSW LGAs in principle, since the Codes SEPP and Housing SEPP are state-wide. The LEP / DCP layer varies by council — for V1 we hand-load the residential controls for Sydney, Inner West, Parramatta, North Sydney, Hornsby, Ku-ring-gai, Northern Beaches, Canada Bay, Willoughby, Waverley, Randwick, Bayside, Sutherland and Canterbury-Bankstown. Other councils are flagged for council DCP review — the SEPP-level standards still apply.
What if my proposal fails the check?
Failing standards are the most useful output. Our report identifies which clauses are not met, the magnitude of the breach, and whether it's a CDC-killer or a DA-pathway issue that can be argued via cl 4.6 variation, cl 167 Tree Canopy Guide departure, or a DCP merit assessment. Most failures are correctable through design tweaks; some are fundamental and require pivoting (e.g. dropping a dwelling, changing form).

Ready to test your dual occ proposal?

CDC eligibility, DA pathway, LMR override and subdivision logic — all in one report. Get the answer before you commit to plans.

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