New South Wales · Planning guides
Planning rules in New South Wales, explained from the source
What the LEP, DCP and the SEPPs actually say about the things people most often want to do with a block, quoted word for word, with what each council sets on top.
Granny flat rules
Can I build a granny flat in NSW?
In NSW a granny flat is a secondary dwelling under Chapter 3 Part 1 of the Housing SEPP. It is permitted with consent in any residential zone where a dwelling house is permissible, and it can be fast tracked as complying development on a lot of at least 450m² outside Zone R5. The state caps the secondary dwelling at 60m² unless your council's LEP allows more, and the lot cannot be subdivided afterwards.
Read the guideDual occupancy and duplex rules
Can I build a dual occupancy or duplex in NSW?
A dual occupancy in NSW is two dwellings on one lot, attached or detached, and it is not a secondary dwelling. Whether it is permitted depends first on your zone in the council's LEP, and since 2025 the Housing SEPP also permits dual occupancies with consent in Zone R2 across most of the state. In a low and mid rise housing area the SEPP sets non-discretionary standards including a 450m² minimum lot size, and the Codes SEPP offers a complying development route on lots of at least 400m².
Read the guideSubdivision and minimum lot size rules
What is the minimum lot size for subdivision in NSW?
In NSW the minimum lot size for a Torrens subdivision is set by each council's Local Environmental Plan through clause 4.1 and its Lot Size Map, so there is no statewide figure. Strata and community title subdivision are exempt from that clause. A written request under clause 4.6 can vary a standard, and the Codes SEPP subdivision code offers a complying development route for strata and some dual occupancy Torrens subdivisions.
Read the guideFast-track approvals
What can I build in NSW without a development application?
NSW has two fast tracks under the Exempt and Complying Development Codes SEPP. Exempt development is minor work listed in an exempt code that meets its standards and needs no approval at all. Complying development is larger work such as a new 1 or 2 storey house that meets every predetermined standard and is approved by a complying development certificate from a council or private certifier instead of a development application. Both fail on excluded land such as State heritage items.
Read the guideHeight, setback and site coverage rules
How high can I build and how close to the boundary in NSW?
In NSW the maximum building height and floor space ratio for a development application come from the Height of Buildings Map and Floor Space Ratio Map in your council's LEP, so the figures are council specific. Setbacks, site coverage and landscaped area for a DA come from the council's DCP. For complying development the Codes SEPP fixes the numbers itself, for example 8.5m height for a house and a landscaped area table keyed to lot size.
Read the guideDo I need a development application?
Do I need a development application in NSW?
In NSW you need a development application unless your work is exempt development or complying development under the Codes SEPP, or your LEP says the use is permitted without consent. The test runs in order: is the use permitted in your zone, is the work on an exempt or complying code list, is the land excluded, and does the work meet every standard. If any step fails, local development by DA to the council is the route, and if the use is prohibited in the zone no DA can be lodged.
Read the guideWant the answer for one address?
A $150 preliminary planning report reads the zone, the mapped controls and the state instruments at your parcel and gives the pathway, in three business days.