HFS allocation requirements
The proposed floor-space ratio of a development triggers the requirement for heritage floor space to be allocated, including the amount of HFS, as set out in clause 6.11 of the Sydney Local Environmental Plan 2012. Under these circumstances, the development consent would include a condition requiring allocation of the relevant HFS amount to the site.
HFS may be transferred to a development site from the available HFS on the City of Sydney's register. Unless an applicant owns HFS, for instance from a previous HFS award, they will need to purchase HFS.
Buying and transferring HFS
The applicant is responsible for negotiating the purchase of HFS from an owner that is registered with the City. HFS owners can be identified in the most recent HFS update. The applicant then contacts the City to confirm the HFS amount outstanding and its availability for sale.
A copy of the signed deed between the HFS owner and the purchaser is sent to the City. The original section 12 notice under the Conveyancing Act 1919 must also be sighted by the City. It is returned once the HFS transfer has been registered. Stamp duty on the transfer must also be paid with evidence provided to the City.
When the City endorses the section 12 notice, a $400 fee must be paid to complete the registration process. A letter is then sent to the HFS buyer confirming the transfer and/or allocation.
Allocating HFS to a development site
Once the HFS required to be allocated has been obtained, the applicant must notify the City so it can be registered. The City is then able to provide written confirmation that the relevant condition of development consent has been satisfied.
The amount of HFS allocated to a development site is then considered spent and cannot be sold again.
For more information about the HFS allocation and transfer procedure, please contact:
Strategic Planning and Urban Design Unit02 9265 firstname.lastname@example.org
Last updated: Thursday, 20 November 2014