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SDA Housing Density

An often overlooked section of the “National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016” is density. Unfortunately, this has not been made clear in most documentation produced.

Anyone looking to create SDA within a single parcel of land must familiarise themselves with these requirements.

 

National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016

Density restriction

6.14    The density restriction applies in relation to a single parcel of land with multiple dwellings (whether or not they all provide SDA) that includes a dwelling that is:

(a)       a New Build; or

(b)       Existing Stock referred to in paragraph 6.12.

6.15    If any of the dwellings on the parcel of land is enrolled to house three or more residents, then the density restriction is satisfied if the number of participants with SDA in their plan who reside in a dwelling on the parcel and receive SDA funding is no more than the greater of:

(a)       10; and

(b)       10% of the total number of residents capable of residing on the parcel, assuming one resident per bedroom.

6.16    If all of the dwellings that are enrolled on the parcel are enrolled to house only one or two residents per dwelling, then the density restriction is satisfied if the number of participants with SDA in their plan who reside in a dwelling on the parcel and receive SDA funding is no more than the greater of:

(a)       15; and

(b)       15% of the total number of residents capable of residing on the parcel, assuming one resident per bedroom.

6.17    In the case of intentional communities:

(a)       if any of the dwellings on the parcel of land is enrolled to house three or more residents, then the density restriction is satisfied if the number of participants with SDA in their plan who reside in a dwelling on the parcel and receive SDA funding is no more than the greater of:

(i)        10; and

(ii)       10% of the total number of residents capable of residing on the parcel, assuming one resident per bedroom;

(b)       if all of the dwellings that are enrolled on the parcel are enrolled to house only one or two residents per dwelling, then the density restriction is satisfied if the number of participants with SDA in their plan who reside in a dwelling on the parcel and receive funding is no more than the greater of:

(i)        15; and

(ii)       25% of the total number of residents capable of residing on the parcel, assuming one resident per bedroom.

Information required to enrol

6.18    The CEO may require that the enrolment of a dwelling be accompanied by any or all of the following:

(a)       any information that the CEO requires, which may include:

(i)        the SDA type of the dwelling and its location;

(ii)       whether the dwelling is a New Build, Existing Stock or Legacy Stock;

(iii)      whether the dwelling is a New Build, or Existing Stock referred to in paragraph 6.12, that is one of a number of dwellings on a single parcel of land;

(iv)      the number of bedrooms and similar sized private rooms suitable for residents;

(v)       the number of residents for which the dwelling is being enrolled;

(vi)      the number of participants with SDA in their plan intended to reside in the dwelling (which may be lower than the number of residents for which the dwelling is being enrolled); and

(vii)     whether the provider is a participant who intends to provide SDA to themselves; and

(b)       a written acknowledgment provided by the owner of the dwelling as referred to in paragraph 7.18, where relevant;

(c)       a declaration relating to compliance with the Minimum Requirements in the NDIS Price Guide for the relevant SDA design category, in the form (if any) specified by the CEO and accompanied by any document required by the CEO (such as a written certification referred to in paragraph 6.6(d));

(d)       a declaration that the provider holds a certification to the effect that the dwelling meets relevant building codes and laws (as referred to in paragraph 6.6(e));

(e)       a declaration that the provider has suitable capacity and experience to provide the SDA dwelling;

(f)        a declaration that:

(i)        the NDIS has not funded, as ‘complex home modifications’, home modifications for the dwelling at any time after 1 December 2016 and less than ten years before the day of its enrolment; and

(ii)       the NDIS has not funded, as home modifications other than ‘complex home modifications’, home modifications for the dwelling at any time after 1 December and less than five years before the day of its enrolment;

(g)       any other certification in relation to the dwelling provided by the registered provider, in the form (if any), and containing any information, required by the CEO;

(h)       any other certification in relation to the dwelling provided by any third person specified by the CEO, and in the form (if any), and containing any information, required by the CEO.

20 Meaning of intentional communities

             (1)  An intentional community is a residential community designed to have a high degree of social cohesion, achieved through teamwork and agreed shared values.

             (2)  The members of an intentional community have chosen to live together based on common social values and have committed to the principle of mutual support.

             (3)  An intentional community:

                     (a)  has a defined and explicit agreement under which residents have agreed to live in accordance with shared common values, including the principle of mutual support; and

                     (b)  is controlled by the members or residents and is not governed by a single entity such as a support provider; and

                     (c)  includes general market housing, and is not solely designed to provide supported accommodation services.

 

In Plain English

Multiple Dwellings on one site: Each dwelling houses 3 or or more residents

  • Maximum 10 participants or
  • 10% of total number of residents based on 1 resident per bedroom

Multiple Dwellings on one site: Each dwelling houses 1 or 2 residents

  • Maximum 15 participants or
  • 15% of total number of residents based on 1 resident per bedroom

 

SDA Within intentional Communities

Multiple Dwellings on one site: Each dwelling houses 3 or or more residents

  • Maximum 10 participants or
  • 10% of total number of residents based on 1 resident per bedroom

Multiple Dwellings on one site: Each dwelling houses 1 or 2 residents

  • Maximum 15 participants or
  • 25% of total number of residents based on 1 resident per bedroom

 

Example 1
Large unit development – Up to 2 bedroom apartments

Accommodation:

  • 90 x 2 bedroom apartments (180 bedrooms)
  • 40 x 1 bedroom apartments (40 bedrooms)

Total 220 rooms.

SDAs permitted: 33 rooms (15%)

 

Example 2
Large unit development – Up to 3 bedroom apartments

Accommodation:

  • 60 x 3 bedroom aparments (180 bedrooms)
  • 40 x 2 bedroom apartments (80 bedrooms)
  • 20 x 1 bedroom apartments (20 bedrooms)

Total Rooms 280 rooms

SDAs permitted: 28 rooms (10%)

 

Example 3
Small townhouse development – Up to 3 bedroom

Accommodation:

  • 3 x 3 bedroom aparments (9 bedrooms)
  • 3 x 2 bedroom apartments (6 bedrooms)

Total Rooms 15 rooms

SDAs permitted: 10 rooms as the maximum

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