Supportive accommodation and temporary housing

Supportive accommodation is for a person or people who need supervision and support services to be provided on-site. These services may include medical, counselling, education/training (such as life skills development) and administrative services.

Supportive accommodation is provided for people making the transition from supported living or homelessness to fully independent living. It is generally operated by non-for-profit organisations and charities.

When the Housing State Environmental Planning Policy (SEPP) was made, the supportive accommodation provisions were transferred from the State Environmental Planning Policy (Affordable Rental Housing) 2009.

The NSW Government continues to support vulnerable people by facilitating housing opportunities for people making the transition from supported living or homelessness to independent living.

The supportive accommodation provisions are in Chapter 2, Part 2, Division 4 of the Housing SEPP.

The supportive accommodation provisions are currently being reviewed. Learn more about this review on the NSW Planning Portal.

Under the provisions of the Housing SEPP, supportive accommodation can be provided in existing residential flat buildings or boarding houses without the need for development consent, but only if the development does not involve the erection or alteration of a building or an addition to a building.

Where an existing building needs alterations or additions so that it can be used as supportive accommodation, a development application or complying development certificate would be required.

The NSW Government believes everyone has a right to a safe and secure home.

We have made changes to the planning rules to simplify the process for repurposing vacant properties, such as motels, for temporary housing.

The term ‘meanwhile use’ is commonly used to describe the temporary use of a building or place for a limited time before it takes on a permanent future use or is redeveloped.

These amendments to the Housing SEPP will help make it easier and faster for Homes NSW and community housing providers (CHPs) to work with developers or owners to provide temporary housing to those in need.

These changes allow properties to be used for temporary housing for up to five years, if the property meets all safety and operational requirements.

Based on feedback from public consultation held in 2022-23, the Department has refined the Complying Development Certificate (CDC) pathway to focus solely on repurposing residential, seniors, and tourist accommodation for temporary housing, to address concerns about converting commercial properties to residential use.

View the temporary housing provisions of the Housing SEPP.

New exempt and complying development pathways for temporary housing are available to relevant authorities and social housing providers. The pathways are part of the State Environmental Planning Policy (Housing) 2021 (the Housing SEPP).

The relevant authorities that can use the pathways are:

• the Aboriginal Housing Office
• the Land and Housing Corporation
• Landcom.

Eligible social housing providers are:

• the Secretary of the Department of Communities and Justice
• the Land and Housing Corporation
• registered community housing providers
• the Aboriginal Housing Office
• registered Aboriginal housing organisations (as defined by the NSW Aboriginal Housing Act 1998)
• local government authorities that provides affordable housing
• not-for-profit organisations that are direct providers of rental housing to tenants.

These  relevant authorities and eligible social housing providers have established connections to vulnerable community members  who need temporary housing. Many authorities and providers have access to the vacant or partially vacant buildings  targeted by these reforms. They are in a unique position to provide operational stability and management services  during temporary occupation.

These measures to support temporary housing are separate from the existing supportive accommodation provisions provided in the Housing SEPP, which require on-site supervision and support services such as counselling or medical services for occupants. The development without consent pathway for supportive accommodation under the Housing SEPP remains in place.

The pathways allow temporary housing in buildings that are, or were when last occupied, used for:

• residential accommodation, except rural workers’ dwellings
• tourist and visitor accommodation, except bed and breakfast accommodation and farm stay accommodation.

The exempt development pathway is proposed for low-impact, small-scale temporary housing. This includes existing Class 1a buildings (single dwelling, row house terrace, etc.) that will be occupied as temporary housing by a single household.

The complying development pathway will apply for all other scenarios of temporary housing in the prescribed building types, such as:

• existing tourist and visitor accommodation 
• a manufactured home estate 
• an existing a residential flat building 
• existing seniors housing.

The pathways streamline the interim use of vacant or partially vacant properties for emergency or temporary accommodation. These buildings are often awaiting approval for a proposed permanent future use or may be demolished as part of a redevelopment. The streamlined planning pathway will allow relevant authorities and social housing providers to quickly move occupants into suitable buildings.

Through consultation, we have determined that five years as the time limit for  temporary accommodation. If an authority or provider intends to use a building beyond this timeframe, they must submit a development application to council for an appropriate permissible land use.

The reforms include measures to ensure that buildings are structurally sound and provide adequate amenity for occupants. This includes having access to water and electricity as well as bathroom, kitchen and laundry facilities. 

Before a building is determined fit for occupation, the authority or provider must consider the relevant performance requirements under the National Construction Code.

Authorities and providers using either the exempt or complying development pathway must ensure  the building complies with the relevant parts of the NSW Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.

With the exception of some Crown buildings, class 1b or class 2–9 building must have a current fire safety certificate or fire safety statement. The complying development pathway allows fire safety works to be done under Part 8 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and any necessary alterations that need to be carried out in line with a performance solution relating to a fire safety requirement.

For temporary housing that is complying development, a temporary housing management plan is required. The plan must include contact details for the relevant authority or social housing provider and on-site safety procedures. This plan is to be provided to occupants and the relevant local council.

Where the existing building is located on flood or bushfire prone land, the plan must also include an emergency and evacuation plan. This plan should ensure occupants are aware of potential risks and ensure their safety and well-being in an emergency or a natural disaster. The Temporary Housing – Emergency Response Guideline (PDF, 102 KB) sets out how to develop this plan.

A local heritage item or a building on the State Heritage Register may be used for temporary housing if there are no alterations or additions made to the building, except for limited works that may already be undertaken relating to fire safety or carried out under the NSW Heritage Act 1997.