Can you build a dwelling house in an R4 Zone?

The short answer: It depends!

Definitions:

• Zone R1   General Residential

• Zone R2   Low Density Residential

• Zone R3   Medium Density Residential

• Zone R4   High Density Residential

DA Application

If you are submitting a Develeopment Application (DA) to your local Council, you will need to know this.

In most cases, R4 zones (High-Density Residential) do NOT allow single dwelling houses, as the zoning objective is to encourage high-density development. Despite, some Local Environmental Plans (LEPs) permit multi-dwelling housing and dual occupancies in R4 Zones—but not standalone houses.

Zoning Hierarchy

A common argument suggests that if R2 zoning allows dwelling houses, then R3 should allow everything R2 Zone does, and R4 Zones should include R3 Zone and R2 Zone developments. However, I believe this argument doesn’t hold up. Zoning is designed with distinct objectives, and R4 Zone is not simply an accumulation of R3 and R2 allowances. If that were the case, we’d expect R4 zones to allow R1 uses as well (Including dwelling houses) —but they don’t in most cases, as we will come to see.

That said, LEPs vary by Council: for example, while Canterbury Bankstown LEP 2023 allows dwelling houses in R4 zones, Newcastle LEP 2012 prohibits them. See below screen shots.

Complying Development (CDC)

For those considering a Complying Development Certificate (CDC) via a Private Certifier, a dwelling house in an R4 zone may be possible if it meets the requirements of Clause 3.1(3) of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Clause 1.18(1)(b) states that to be complying development for the purposes of this Policy the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out.

Given the complexity, seeking planning advice is always recommended.

What’s your take on this? Have you come across any exceptions or unique cases?

Disclaimer:

This article is for informational purposes only and should not be considered in isolation. It is not specific to any particular site or situation. We strongly recommend seeking independent planning, fire safety, or legal advice relevant to your circumstances. Do not rely solely on the information or opinions provided in this article or its comments.

Regards,

Firas Naji

9 March 2025