Made to measure: NSW Government introduces new "Pattern Book Development" legislation to fast-track housing approvals

The NSW Government’s new "Pattern Book Development" legislation has officially come into effect, introducing a streamlined approval process aimed at addressing construction delays and boosting the availability of affordable, sustainable housing for NSW residents.

Amendments to the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation) and the State Environmental Planning Policy (Exempt and Complying Development Codes) 2009 (Codes SEPP) establish a framework for the carrying out of "Pattern Book Development" as a new category of complying development.

This article unpacks the Amendments, and considers how this new framework might play out for both developers and councils.

"Pattern Book Development"

Borrowing its name from sewing, textiles and knitting, "Pattern Book Development" is a concept designed to deliver housing quickly, consistently, and efficiently, in reliance on a set of pre-approved designs that can be easily and broadly replicated, not only in terms of planning and approval processes, but also in terms of their construction.

The NSW Housing Pattern Book comprises eight pre-approved low-rise housing designs spanning dual occupancies, terraces, manor houses and multi-dwelling housing, all tailored for sustainability, cost-effectiveness, and ease of construction. These designs have been prepared by architectural firms (following an international design competition in the case of terrace designs), to support these objectives and with view to maintaining urban design standards.

The Amendments reflect the NSW Government's long-term focus on delivering housing, and are intended to address critical supply shortages by reducing delays in the construction pipeline and providing more affordable housing options. By simplifying approvals and offering ready-to-use designs, the policy aims to lower costs, ease cost-of-living pressures, and promote environmentally sustainable development.

Complying development

The Amendments operate within the framework of "complying development" under the Codes SEPP.

Complying development, itself a mechanism designed to fast-track and streamline development, is a planning pathway which avoids the need for development consent by instead requiring an applicant to obtain a complying development certificate (CDC), which is issued by an accredited certifier or the relevant local council and confirms that the proposed development meets certain objective, prescribed standards.

Amendments to the Codes SEPP

The Amendments insert a new Part 3BA into the Codes SEPP, the "Pattern Book Development Code". New Part 3BA:

• applies the Code to all land zoned R1 – General Residential, R2 – Low Density Residential and R3 – Medium Density Residential (Code, 3BA.3(1) (but excludes dual occupancies for zone R2));

• identifies the relevant pre-approved housing design patterns for each housing type (ie., dual occupancies, manor housing, multi-dwelling or row housing, multi-dwelling or terrace housing) (Code, 3BA.3(2)-(6));

• applies the minimum lot sizes provided under applicable environmental planning instruments (EPIs), other than with respect to land within the low- and mid-rise housing areas prescribed by Chapter 6 of the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) (Code, 3BA.3(7)-(9));

• requires housing lots erected in accordance with the Code to have lawful access to a public road (Code, 3BA.3(7)(b));

• extends the Code to the subdivision (and stratum subdivision) of land for the purposes of erecting dual occupancies and multi-dwelling housing under the Code (with a few exceptions), provided that both the subdivision and the development are the subject of a single CDC (Code, 3BA.4 – 3BA.5); and

• excludes certain development from the application of the Code (including, non-exhaustively, development on bush fire prone land, on flood control lots, in heritage conservation areas, in coastal hazard and foreshore areas, on battle-axe lots and on unsewered land) (Code, 3BA.6–3BA.7).

The Code also prescribes (at 3BA.8–3BA.12) certain construction specifications, including with respect to structural works, extent of earthworks, drainage, adjoining walls and setbacks. It also adopts a number of the standard exclusions for complying development. With a small handful of exceptions, standard conditions under the Codes SEPP, Schedule 6A, apply to development under the Code.

Amendments to the EP&A Regulation

In turn, the Amendments insert new sections 131A, 133(2) and 134(3A) into the EP&A Regulation.

First, applications for a CDC for Pattern Book development must be accompanied by a "written statement" from an "accredited designer" identifying:

• the type of Pattern Book development that is proposed (ie., dual occupancies, manor housing, multi-dwelling or row housing, multi-dwelling or terrace housing);

• the specific pattern that will be used for the proposed development (as listed in Code 3BA.3); and

• that the development will comply with the standards set out in that pattern (it is likely that this statement will also need to confirm compliance with the additional construction specifications prescribed at 3BA.8 – 3BA.12).

An "accredited designer" can be either a "qualified designer", as that term is defined by the EP&A Regulation, or a person accredited as a building designer by the Building Designers Association of Australia (EP&A Regulation, section 131A).

Secondly, section 133(2) requires the relevant consent authority to determine an application for a CDC within 10 business days.

Finally, the required notice period for neighbours and (as relevant) the council is shortened from from 14 days to 7 days (EP&A Regulation, section 134(3A).

Purchasing and using the Patterns

The Pattern Book is available for purchase from the NSW Government and, until 31 January 2026 patterns are available for a subsidised price of $1, after which they will cost $1,000 each.

There are short-form terms and conditions governing the use of the patterns, including that patterns can only be used for one specific building on a lot, and not be used for volume commercial use without consent of the Government Architect NSW.

Patterns are suitable to support DA level design but owners will still need to have detailed designs prepared for construction purposes. They cannot be modified except in accordance with the specific modifications (Pattern Adaptations) provided as part of the architectural drawing pack for the pattern.

Owners are required to engage a designer accredited as a builder designer by the Building Designers Association of Australia to amend the pattern to suit the site. The accredited designer must prepare a "Design Verification Statement", confirming that the Fee has been paid and that design integrity of the original pattern has been maintained in the site-specific design included in the planning application. This includes not making significant changes to interior layouts, façade details or the size and scale of the building.