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Affordable units in new housing (inclusionary) in Brisbane

Brisbane's own rules on affordable units in new housing (inclusionary), with the code text for every value.

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Each rule below links to the section of the Brisbane Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Brisbane's code says

Brisbane code What Brisbane's code adds
How long units stay affordable	Affordable in perpetuity. Applies: For-sale inclusionary units. § 17.31.080 · code text The resale restriction agreement shall provide that inclusionary units in for-sale housing developments shall remain affordable in perpetuity Affordable in perpetuity. Applies: Rental inclusionary units. § 17.31.080 · code text The affordable housing agreement shall be recorded against each inclusionary housing development containing rental units to ensure that the inclusionary units remain affordable in perpetuity.
Exemptions	Projects under a development agreement are exempt but must meet the agreement's affordable housing requirements. § 17.31.030 · code text Housing development projects that are developed pursuant to the terms of a development agreement, provided that such housing development projects shall comply with any affordable housing requirements included in the development agreement.
Fee instead of units	Fee set by city council resolution, for each required inclusionary unit. Applies: Applicant elects to pay instead of building units; available for rental developments and for-sale developments of 15 or fewer primary dwellings or lots. § 17.31.050 · code text An applicant for a rental inclusionary housing development, or an applicant for a for-sale inclusionary housing development of fifteen (15) or fewer primary dwellings or lots may, at the sole discretion of the applicant, elect to pay an in-lieu fee as established by resolution of the city council, for each required inclusionary unit In-lieu fee set by the city council. Applies: Fractional part of the required number of inclusionary units is less than one-half. § 17.31.030 · code text If the calculation of the required total number of inclusionary units results in a fraction of less than one-half, the fractional amount shall be provided to the city through payment of an in-lieu fee established by the city council. May ask city council approval to pay an in-lieu fee instead of building the affordable units. Applies: For-sale developments of more than 15 primary dwelling units or lots, subject to council approval. § 17.31.050 · code text An applicant for a for-sale inclusionary housing development of more than fifteen (15) primary dwelling units or lots may request council approval to pay an in-lieu fee payment rather than construct affordable units with the project.
Projects it applies to	5 or more primary dwelling units or residential lots. § 17.31.030 · code text The inclusionary requirements established in this section shall apply to all inclusionary housing development projects with five (5) or more primary dwelling units or residential lots, except for the following:
Share of affordable units	15% at affordable ownership costs for moderate income households. Applies: For-sale developments with 5 to 10 primary dwelling units or lots. § 17.31.030 · code text A for-sale housing development with five (5) to ten (10) primary dwelling units or lots must provide fifteen percent (15%) of the proposed units at affordable ownership costs for moderate income households. 10% at affordable ownership costs for moderate income households and 5% for lower income households. Applies: For-sale developments with 11 or more primary dwelling units or lots. § 17.31.030 · code text A for-sale housing development of eleven (11) or more primary dwelling units or lots must provide ten percent (10%) of the units or lots at affordable ownership costs for moderate income households and five percent (5%) of the units or lots at affordable ownership costs for lower income households. 15% at affordable rents to very low income households. Applies: Rental developments with 5 or more primary dwelling units. § 17.31.030 · code text A rental inclusionary housing development with five (5) or more primary dwelling units must provide fifteen percent (15%) of the units at affordable rents to very low income households.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Does Brisbane require affordable units in new housing?

Brisbane's code: Affordable in perpetuity. (For-sale inclusionary units.) (§ 17.31.080); Affordable in perpetuity. (Rental inclusionary units.) (§ 17.31.080).

General information, not legal advice.

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Ask GoCodebook how Brisbane's affordable units in new housing (inclusionary) rules apply to your situation and get an answer that cites the section.

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