New South Wales Consolidated Regulations

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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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