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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 98F
Conditions relating to development involving use of buildings as build-to-rent housing
98F Conditions relating to development involving use of buildings as
build-to-rent housing
(1) For the purposes of section 4.17(11) of the Act, the requirements set out
in this clause are prescribed as conditions of development consent for
development permitted under Part 2, Division 6A of State Environmental
Planning Policy (Affordable Rental Housing) 2009 .
(2) During the
relevant period-- (a) the development must contain at least 50 dwellings
occupied, or intended to be occupied, by individuals under residential tenancy
agreements, and
(b) for development on land in Zone B3 Commercial Core--any
building to which the development relates must not be subdivided into separate
lots, and
(c) for development on land in another zone--the tenanted component
of the development must not be subdivided into separate lots, and
(d) the
tenanted component of the development-- (i) must be owned and controlled by 1
person, and
(ii) must be operated by 1 managing agent, who provides on-site
management.
(3) In this clause--
"relevant period" means-- (a) for development on land in Zone B3 Commercial
Core--for the period commencing on the day an occupation certificate is issued
for all parts of the building or buildings to which the development relates
and continuing in perpetuity, or
(b) for development on other land--for a
period of 15 years commencing on the day an occupation certificate is issued
for all parts of the building or buildings to which the development relates.
"tenanted component" has the same meaning as in clause 41A of State
Environmental Planning Policy (Affordable Rental Housing) 2009 .
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