Dwelling entitlement potential search

Overview

As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4. For further information please view Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021.

Not all land in the Shoalhaven has an automatic right or ability for a dwelling to be constructed on it.

A ‘dual occupancy (attached)’ or ‘dwelling house’ cannot be considered on land in certain rural, residential and conservation protection zones unless it can be demonstrated that a ‘dwelling entitlement’ exists, even though these land uses may generally be permissible in the relevant zone.

One way to determine whether a lot (or holding) has a dwelling entitlement is through a Dwelling Entitlement Potential Search which is undertaken by one of Council's Strategic Planners.

The search considers the subdivision history and historic zoning of the subject land, amongst other criteria.

How to apply for a search

When you request a Dwelling Entitlement Potential Search, you need to complete an online application form and pay the relevant fee.

Owners consent must be completed and signed by ALL registered property owner(s) of the property before the search can commence.

If the application covers more than one lot, the search will only determine if all of the lots combined have a dwelling entitlement. You need to include a note in the comments section to confirm you would like the search to confirm the dwelling entitlement status of all of the lots combined.

Please note: If you would like to determine the dwelling entitlement of each individual lot, please submit separate applications and pay the associated fee for each search application.

Different property types have different signatory requirements including:

• If the property is strata titled, the application must be signed by the Body Corporate with the strata seal
• If the land is owned by a company (Pty Ltd), the signature of at least one (1) director residing in Australia is required
• If a company signatory, the position held in the Company needs to be provided
• If the application covers more than one lot, the search will only determine if all the lots combined have a dwelling entitlement
  • Include a note in the comments section listing all Lot and DPs, and confirm you would like the search to confirm the dwelling entitlement status of all lots combined. Only apply for one of these lots and pay the associated fee.
  • If you would like to determine the dwelling entitlement of each individual lot, submit separate applications and pay the relevant fee for each search application

Apply online

You can apply for a search before you buy, sell, build or develop your land through the link below.

Apply online here

Additional information

Properties that have no subdivision history (e.g. a portion) may require a historical title search to determine if the lot (or holding) meets the definition of a ‘1964 holding’ in Shoalhaven LEP 1985 by confirming the ownership of the land (and surrounding properties) at the appointed day (28 February 1964, when the Interim Development Order (IDO) commenced).

The Strategic Planner conducting the search will contact the applicant before proceeding with an historic title search to determine if they wish to proceed given the additional fees required.

View Council’s Fees and Charges

The Dwelling Entitlement Potential Search will not investigate whether there is an existing dwelling house on the land and whether that land meets Clause 4.2D(5) of SLEP 2014.

To determine if an existing dwelling house has been legally approved, you should request an Application for Records Search to obtain a copy of the development consent and building plans.