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:

The ADG formed an important part of the design assessment process and included:

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What Changed When SEPP 65 Was Repealed?

On 14 December 2023, the NSW Government repealed SEPP 65.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:

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:

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:

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:

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:

—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:

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:

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:

Individual councils may also impose accessibility outcomes through:

Each project should therefore be assessed individually.

Key Takeaways

 

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.