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NSW Apartment Design Guide (ADG) Compliance Check

Compliance check for residential flat buildings — every ADG criterion in Parts 3-4 plus the 9 Schedule 9 design quality principles plus the cl 147 Housing SEPP gate.

Apartment developers, registered architects, design teams and certifiers running RFB DAs through any NSW council.

Run the $99 ADG Compliance Check Free NSW Spatial Viewer

SEPP 65 was repealed — but the ADG continues

On 14 December 2023, the standalone State Environmental Planning Policy 65 — Design Quality of Residential Apartment Development was repealed. Its provisions transferred into Chapter 4 of the State Environmental Planning Policy (Housing) 2021, with the 9 design quality principles renumbered into Schedule 9 of that SEPP. The Apartment Design Guide (ADG) itself continues unchanged as the substantive design standard.

If you're working off old advice or templates, update your cites. SEPP 65 is gone. The current cite is Housing SEPP Chapter 4 + Schedule 9 + the ADG. Our compliance check uses the current cites.

When the ADG applies

The Apartment Design Guide applies to residential flat buildings (RFBs) of 3 or more storeys with 4 or more apartments. It also applies to mixed-use buildings with apartments and adaptive reuse delivering apartments. Cl 147 of the Housing SEPP triggers the assessment: development consent must not be granted to residential apartment development unless the consent authority has considered the design quality of the development against Schedule 9 and the ADG.

The proposal must include a Design Verification Statement signed by a registered architect — mandatory under cl 147(b). The DVS confirms compliance with the 9 design quality principles. Without the DVS, the DA cannot be approved.

The in-fill affordable housing bonus

Under Chapter 2 Part 2 Division 1 of the Housing SEPP, an apartment proposal that includes more than 15% of GFA as in-fill affordable housing apartments gets a 30% uplift to the LEP standards for height of buildings and floor space ratio. So a baseline 20m / 2:1 site becomes 26m / 2.6:1 — significantly more development capacity in exchange for committing some apartments to affordable rental for 15+ years.

Variations to the bonus standards are possible under Section 16(3) of the Housing SEPP — distinct from the standard Cl 4.6 variation mechanism in the LEP. We've audited a real DA where a 1.89% variation to the bonus HOB (26.49m vs 26m) was approved on this basis (Frenchs Forest DA2025/1322, 8-storey 45-apartment RFB).

What the check covers

41 standards — the 9 Schedule 9 design quality principles plus 32 ADG criteria across Parts 3 (Siting the Development) and Part 4 (Designing the Building).

Schedule 9 design quality principles — Context and neighbourhood character, Built form and scale, Density, Sustainability, Landscape, Amenity, Safety, Housing diversity and social interaction, Aesthetics
ADG Part 3 Siting — Site Analysis, Orientation, Public Domain Interface, Communal and Public Open Space, Deep Soil Zones, Visual Privacy
ADG Part 3F — Visual Privacy specifically (separation distances, sill heights, screening)
ADG Part 4 — Building dimensions (storey heights), Apartment size and layout, Solar and daylight access, Natural ventilation, Ceiling heights, Apartment minimum areas, Balconies and private open space, Common circulation and spaces
ADG Part 4 continued — Storage, Acoustic privacy, Noise and pollution, Apartment mix, Ground floor apartments, Facilities and waste, Landscape design, Planting on structures, Universal design
Pathway gates — cl 147 Housing SEPP, Design Verification Statement, Design and Sustainability Advisory Panel referrals
Bonus mechanisms — in-fill affordable housing 30% uplift (cl 16-21), LMR Stage 2 catchment uplift
Variations — Cl 4.6 LEP, Section 16(3) Housing SEPP, ADG departure justification

Real example

Real fixture: Frenchs Forest 8-storey RFB

DA2025/1322 at 106 Frenchs Forest Road West (Northern Beaches Council, R3 zone). 8-storey, 45-apartment residential flat building including in-fill affordable housing under Housing SEPP. Cost $23.26M. NBLPP-determined 15/04/2026. Base WLEP 2011 standards 20m HOB and 2:1 FSR; 30% in-fill affordable housing bonus uplifted to 26m and 2.6:1. Approved with a 1.89% variation to the bonus HOB (26.49m vs 26m) under Section 16(3) of the Housing SEPP (different mechanism to standard Cl 4.6). The NBLPP Assessment Report runs 123 pages with a clause-by-clause ADG compliance table starting around page 46 — that's the structure our compliance check mirrors.

The statutory framework

NSW apartment design quality is regulated under multiple instruments, all referencing the ADG.

Housing SEPP 2021 Chapter 4

Apartment design quality. cl 147 — gate clause: consent must not be granted unless the consent authority has considered design quality against Schedule 9 and the ADG. cl 147(b) — Design Verification Statement requirement

Housing SEPP 2021 Schedule 9

9 Design Quality Principles — Context and neighbourhood character, Built form and scale, Density, Sustainability, Landscape, Amenity, Safety, Housing diversity and social interaction, Aesthetics

Apartment Design Guide (DPHI)

Substantive design standard. Part 3 Siting the Development, Part 4 Designing the Building. Numerical criteria (apartment minimum areas, ceiling heights, solar access, natural ventilation) plus qualitative criteria

Housing SEPP 2021 Chapter 2 Part 2 Division 1 (in-fill affordable housing)

30% uplift to LEP HOB and FSR where in-fill affordable housing component exceeds 15% of GFA. Section 16(3) variation mechanism

Note: SEPP 65 was repealed 14 December 2023

Old citations to 'SEPP 65' are out of date. Current cite is Housing SEPP Ch 4 + Schedule 9 + the ADG

Housing SEPP cl 166-180 (LMR Stages 1 and 2)

For RFBs in LMR Stage 2 catchments — uplifted controls within 800m of nominated centres

Frequently asked questions

Is SEPP 65 still in force?

No. SEPP 65 was repealed on 14 December 2023. Its provisions transferred into Chapter 4 of the Housing SEPP 2021, with the 9 design quality principles renumbered into Schedule 9. The ADG itself is unchanged. Update your cites — the current reference is 'Housing SEPP Ch 4 + Schedule 9 + the ADG'.

When does the ADG apply?

Residential flat buildings of 3 or more storeys with 4 or more apartments. Also mixed-use buildings with apartments and adaptive reuse delivering apartments. cl 147 of the Housing SEPP is the trigger.

What's a Design Verification Statement?

A statement signed by a registered architect (under the Architects Act 2003) verifying that the proposed development meets the 9 design quality principles in Schedule 9 of the Housing SEPP and applies the ADG. cl 147(b) makes the DVS mandatory — without it the DA cannot be approved. The DVS must accompany every DA, every CC application, and the OC application.

What's the in-fill affordable housing bonus?

Under Housing SEPP Chapter 2 Part 2 Division 1, a proposal that includes more than 15% of GFA as in-fill affordable housing apartments gets a 30% uplift to the LEP standards for height of buildings and floor space ratio. The affordable apartments must be retained as affordable rental for 15+ years. Variations to the bonus standards are under Section 16(3) of the Housing SEPP.

What about LMR Stage 2 for apartments?

From 28 February 2025, RFBs in 800m walking-distance catchments of 171 nominated centres / stations get uplifted controls. 0-400m catchment: up to 22m / 6 storeys / FSR 2.5:1 / mandatory 2% affordable housing on developments ≥2,000 sqm GFA. 400-800m catchment: 17.5m / 4 storeys / FSR 1.5:1.

What's the typical document set?

Statement of Environmental Effects, ADG Compliance Table (criterion-by-criterion), Design Verification Statement, BASIX certificate, BCA compliance report, accessibility report, traffic and parking report, acoustic report, geotechnical (where excavation), arboricultural (where trees), landscape plans, stormwater management, plus the architectural drawing set. Council DCP may require additional reports.

What's a Design and Sustainability Advisory Panel (DSAP)?

Many councils require RFB proposals to be referred to a DSAP — a panel of registered architects and design professionals — for design quality advice before the DA is determined. The DSAP report becomes part of the council's assessment. Pre-DSAP design refinement is common and adds 4-8 weeks to the timeline.

Can I get a Cl 4.6 variation on the FSR or HOB?

Yes, on the LEP standards under Cl 4.6 (now standardised across all LEPs). Where the FSR or HOB has been uplifted by the in-fill affordable housing bonus, variation is under Section 16(3) of the Housing SEPP — different mechanism. Both require demonstration that compliance is unreasonable / unnecessary AND that there are sufficient environmental planning grounds AND that the development is in the public interest.

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