New South Wales Consolidated Regulations New South Wales Consolidated RegulationsFor the purposes of the definition of "dwelling" in section 3 (1) of the Act, the following structures and improvements are declared to form part of a dwelling when constructed for use in conjunction with a dwelling:
(a) parts of a building containing more than one dwelling (whether or not the building is also used for non-residential purposes), being stairways, passageways, rooms, and the like, that are used in common by the occupants of those dwellings, together with any pipes, wires, cables or ducts that are not for the exclusive enjoyment of any one dwelling,
(b) parts of a building containing one dwelling only (where the building is also used for non-residential purposes), being stairways, passageways and the like which provide access to that dwelling,
(c) if non-residential parts of a building containing one or more dwellings give support or access to the residential part-the structural elements of the non-residential parts giving such support or access,
(d) cupboards, vanity units and the like fixed to a dwelling,
(e) detached garages and carports,
(f) detached decks, porches, verandahs, pergolas and the like,
(g) cabanas and non-habitable shelters,
(h) detached workshops, sheds and other outbuildings (but not jetties, slipways, pontoons or boat ramps and any structures ancillary to these exceptions),
(i) concrete tennis courts and the like,
(j) driveways, paths and other paving,
(k) retaining walls,
(l) agricultural drainage designed or constructed to divert water away from the footings of a dwelling or a retaining wall,
(m) fences and gates,
(n) ornamental ponds and water features, and other structural ornamentation, the construction or installation of which requires development consent.