Affordable home

Changes to affordable housing criteria

By notice published in the Gazette on 20 January 2022, the State Government updated the criteria for determining affordable housing to expand the ways in which developer obligations to provide affordable housing can be secured.

Prior to the changes,  developer obligations could only be secured through an affordable housing agreement executed and registered against the title to the land prior to the grant of planning consent, acting as a significant roadblock for many developers early on in the assessment process.

The changes will instead allow developer obligations to be secured through any form of legally enforceable obligation approved by the Minister for Human Services, including by condition attached to the relevant planning consent. The apparent intent of these changes is to reduce the delays and expense typically incurred by developers in negotiating complex legal arrangements prior to development applications being determined.

Under the Planning and Design Code, all development for the purpose of providing affordable housing within the Affordable Housing Overlay (applying over much of Metropolitan Adelaide) is referred to the Minister for the purpose of providing direction on the adequacy of affordable housing proposed or required. It is unclear in what circumstances the Minister will direct developer obligations to be secured by planning condition, however it is likely only to occur with smaller development projects.

You can learn more about affordable housing requirements here.

If you have any questions contact us on 08 8212 9777 or at info@bllawyers.com.au or via our contact us page.