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On Feb. 5, the Development Services Department will accept applications related to the new “Home Options for Middle-Income Empowerment” (HOME) amendments adopted by the Austin City Council in early December. These amendments will allow for additional development on Single-Family properties. For more information on all of these amendments, read the adopted ordinance.
As we work to operationalize these changes, we recognize the importance of clarifying the process and timeline for new applications and projects already in review. In the coming weeks, we will be communicating additional information about new applications. However, this email contains critical information you need to know as you decide when to submit applications for new projects affected by HOME:
- Current regulations will remain in effect for single-family residential projects.
- Residential building permit (BP) applications with two and three-dwelling units will be reviewed under HOME amendments if submitted on or after Feb. 5, 2024.
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Residential BP applications submitted prior to Feb. 5, 2024 will be reviewed under pre-HOME (current) regulations unless an applicant submits an update on or after Feb. 5 that specifically opts into HOME amendments. Updates for this purpose are permitted only for two-unit projects; three-unit projects will require a new BP application for consideration under HOME.
Fair Notice Application for Projects Seeking Review Under Pre-HOME Regulations
Applicants who are not prepared to submit a completed residential plan review application by Feb. 5, 2024, but who wish to have a two-unit project reviewed under pre-HOME (current) regulations must complete the Fair Notice Application process. The completion of this process guarantees a one-year extension to submit a completed residential BP application for review under pre-HOME regulations. If the residential submittal package is not submitted within one year of the application, the Fair Notice expires, and future development applications will be subject to the HOME amendment regulations.
A Fair Notice Application requires:
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Completion of the Fair Notice Application, checking the “DP-01” option.
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Completion of pages one and two of the DP-01 attachment and the signature page.
- The payment of the application fee and inclusion of basic project information.
Applicants must select the Vested Rights application type on the Land Use Review web form before submitting the completed Fair Notice Application.
Chris Johnson, DSD Environmental Program Manager, is available to assist with questions about the Fair Notice Application process. He can be reached by phone at 512-974-2769 or via email at Christopher.Johnson@austintexas.gov.
We will continue to post more information about these changes on our website at austintexas.gov/home-ldc.
City of Austin Development Services Department
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