Is 20% Livable Housing Silver Level Mandatory for Apartments in NSW?
Updated for 2026 | NSW Apartment Design Guide | Housing SEPP | Livable Housing Design | Building Accessibility.
For many years, developers, architects and consent authorities commonly understood that 20% of apartments in New South Wales residential developments should achieve Livable Housing Design Guidelines (LHDG) Silver Level. This requirement became a standard design expectation under the former State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (SEPP 65).
However, significant reforms to the NSW planning framework have changed this position.
With the repeal of SEPP 65 and the transfer of apartment design provisions into the State Environmental Planning Policy (Housing) 2021 (Housing SEPP), the previous interpretation no longer applies.
The key question is now:
Is the 20% Silver Level requirement still mandatory for apartment developments in NSW?
The short answer is No.
The Historical Position Under SEPP 65
Under the former SEPP 65, consent authorities were required to consider the Apartment Design Guide (ADG) when assessing residential apartment developments that:
- were three or more storeys in height; and
- contained four or more dwellings.
The ADG formed an important part of the design assessment process and included:
- Design Quality Principles
- Design Objectives
- Design Criteria
- Design Guidance
Within Part 4Q – Universal Design, the ADG recommended that:
At least 20% of apartments should achieve Livable Housing Design Guidelines (LHDG) Silver Level.
LHDG is not to be mistaken for the NCC Livable Housing Design Standards (LHDS) which is a separate document.
Although this recommendation for 20% LHDG Silver units was widely applied during development assessment, it was never drafted as a strict statutory development standard. Instead, the NSW Department of Planning consistently described the Apartment Design Guide as guidance intended to support good design outcomes rather than mandatory compliance requirements. (NSW Planning)
What Changed When SEPP 65 Was Repealed?
On 14 December 2023, the NSW Government repealed SEPP 65. Its apartment design provisions were incorporated into Chapter 4 of the State Environmental Planning Policy (Housing) 2021 (Housing SEPP).
While the nine Design Quality Principles remain in force, the legal framework supporting the Apartment Design Guide has changed.
The ADG continues to assist designers and consent authorities in achieving high-quality apartment design—but its role is now primarily advisory rather than prescriptive. (NSW Planning)
Does the Housing SEPP Require 20% Silver Level Apartments?
No.
There is no provision within Chapter 4 of the Housing SEPP that requires:
- 20% of apartments to achieve Livable Housing Design Guidelines Silver Level; or
- any minimum percentage of accessible or adaptable dwellings under the ADG.
Instead, the Housing SEPP identifies the Apartment Design Guide as a document that assists applicants and consent authorities in achieving the nine Design Quality Principles.
Development applications continue to be assessed on their overall planning merits, taking into account:
- Design Objectives
- Apartment Design Guide recommendations
- Site constraints
- Planning context
- Relevant environmental planning instruments
This represents an important distinction between mandatory planning controls and design guidance.
Which Apartment Design Guide Provisions Have Legal Effect?
The Housing SEPP gives legal precedence to only selected Apartment Design Guide provisions. (AustLII)
These include controls relating to matters such as:
- Apartment sizes
- Solar access
- Natural ventilation
- Ceiling heights
- Private open space
- Balconies
- Privacy
- Storage
These provisions prevail over inconsistent Development Control Plans (DCPs).
Importantly:
Accessibility recommendations—including the 20% Silver Level recommendation contained within Part 4Q—are not included among these overriding provisions.
This means they do not have the same statutory status as the listed apartment design controls.
New Practice Note on the use of ADG has been released on 1st July 2026 (Link to Practice Note)
The NSW Department of Planning's Practice Note – Using the Apartment Design Guide provides further clarification. The Practice Note explains that decision-makers should distinguish between:
- Design Quality Principles
- Design Objectives
- Design Criteria
- Design Guidance
Accordingly, the recommendation that 20% of apartments achieve Livable Housing Design Guidelines Silver Level should now be understood as planning guidance rather than a mandatory statutory requirement.
How Does This Relate to the National Construction Code (NCC)?
The National Construction Code (NCC) 2022 introduced Livable Housing Design Standards (LHDS) for:
- Class 1a dwellings; and
- prescribed Class 2 apartments
—but only in jurisdictions that adopted the new accessibility provisions.
LHDS are not the same document as LHDG even though both documents contain the word 'Livable'
NSW Has Opted Out and did not adopt the NCC Livable Housing Design Standards.
As a result:
- the mandatory NCC Livable Housing Design Standards do not apply to NSW projects;
- Part G7 of NCC 2022 remains blank for NSW Class 2 apartment buildings; and
- there are no mandatory NCC LHDS requirements for sole-occupancy units in NSW apartment developments.
This is entirely separate from the Apartment Design Guide recommendations under the Housing SEPP.
What Does This Mean for Developers and Designers?
For residential apartment developments in NSW, the practical position is clear.
There is currently:
- No clause within the Housing SEPP requiring 20% of apartments to achieve Silver Level.
- No mandatory NCC Livable Housing Design Standards applying to NSW apartment projects.
However, this does not mean accessibility can be ignored.
Consent authorities may still consider the following when assessing the overall design quality of a development:
- universal design;
- ageing-in-place principles;
- adaptable housing;
- equitable access; and
- apartment accessibility
Individual councils may also impose accessibility outcomes through:
- Development Consent conditions
- Planning Agreements
- Site-specific planning controls
- Local Environmental Plans (LEPs)
- Development Control Plans (DCPs), where applicable
Each project should therefore be assessed individually.
Key Takeaways
- The former 20% Livable Housing Silver Level recommendation is no longer a mandatory planning requirement in NSW.
- The Apartment Design Guide remains an important design guidance document but is not a prescriptive compliance code.
- The Housing SEPP does not mandate LHA Silver Level apartments.
- NSW has opted out of the NCC Livable Housing Design Standards.
- Accessibility may still form part of an overall design quality assessment and may be required through project-specific planning controls or consent conditions.
Disclaimer:
This article represents the personal opinions and interpretations of Farah Madon of Vista Access Architects in her individual capacity. It does not necessarily reflect the views of any organisation, committee, board, or professional body with which the author is associated.
The information is provided for general informational purposes only and is not legal, technical, or professional advice. While every effort has been made to ensure its accuracy, readers should not rely on this article as a substitute for independent professional advice or their own enquiries.
To the fullest extent permitted by law, Farah Madon / Vista Access Architects accepts no responsibility or liability for any loss, damage, or consequences arising from reliance on the information contained in this article.
