New South Wales · Planning guide

Do I need a DA 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.

Sources read on 9 September 2026. Provisions are quoted word for word from the instrument.

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The four categories in the Act

The Environmental Planning and Assessment Act sorts development into categories by asking what the planning instrument says. Section 4.1 covers development that an instrument allows without consent. Section 4.2 covers development that needs consent, and it says consent can come either from a consent authority determining a development application or, for complying development, from a complying development certificate. Section 4.3 covers development an instrument prohibits, which cannot be carried out at all.

Layered on that, the Codes SEPP creates exempt development, which needs no consent because the instrument says so, and complying development, which needs consent but gets it by certificate. The Planning Portal describes the remaining category, local development, as the most common type of development in NSW and the one that needs approval via a development application to the council.

So the practical categories for a homeowner are four: exempt (no approval), complying (certificate), local development (DA to council) and prohibited (no pathway). State significant and regionally significant development exist for large projects and are not covered here.

Environmental Planning and Assessment Act 1979, section 4.1(1)
General If an environmental planning instrument provides that specified development may be carried out without the need for development consent, a person may carry the development out, in accordance with the instrument, on land to which the provision applies.

Read the source · retrieved 9 September 2026

Environmental Planning and Assessment Act 1979, section 4.2(1) and (2)
General If an environmental planning instrument provides that specified development may not be carried out except with development consent, a person must not carry the development out on land to which the provision applies unless— (a) such a consent has been obtained and is in force, and (b) the development is carried out in accordance with the consent and the instrument. Maximum penalty—Tier 1 monetary penalty. (2) For the purposes of subsection (1), development consent may be obtained— (a) by the making of a determination by a consent authority to grant development consent, or (b) in the case of complying development, by the issue of a complying development certificate.

Read the source · retrieved 9 September 2026

Environmental Planning and Assessment Act 1979, section 4.3
If an environmental planning instrument provides that— (a) specified development is prohibited on land to which the provision applies, or (b) development cannot be carried out on land with or without development consent, a person must not carry out the development on the land. Maximum penalty—Tier 1 monetary penalty.

Read the source · retrieved 9 September 2026

Local development, NSW Planning Portal, web page
Local development is the most common type of development in NSW and needs approval via a development application.

Read the source · retrieved 9 September 2026

Step one: is the use permitted in your zone

Every question starts at the council's LEP Land Use Table. For your zone it lists what is permitted without consent, what is permitted with consent and what is prohibited. The consent authority must have regard to the zone objectives when it decides a DA, and it cannot approve a prohibited use at all.

The Standard Instrument's R2 Low Density Residential template shows the pattern. Home occupations are permitted without consent. Dwelling houses, group homes and child care facilities are permitted with consent. Everything the council adds beyond that, including dual occupancies, multi dwelling housing or secondary dwellings in its own list, is a council choice, and anything not listed as permitted is prohibited in that zone.

State policies can add uses on top of the table. The Housing SEPP makes secondary dwellings permissible with consent wherever a dwelling house is permissible in a residential zone, and its Chapter 6 permits dual occupancies with consent in Zone R2 on land the chapter covers. When a state policy says a use is permitted with consent, that consent still has to be obtained by DA or by a certificate.

Standard Instrument (Local Environmental Plans) Order 2006, clause 2.3(2)
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

Read the source · retrieved 9 September 2026

Standard Instrument (Local Environmental Plans) Order 2006, Land Use Table, Zone R2 Low Density Residential
Direction. The following must be permitted with or without development consent in this zone— Roads 1 Objectives of zone • To provide for the housing needs of the community within a low density residential environment. • To enable other land uses that provide facilities or services to meet the day to day needs of residents. 2 Permitted without consent Home occupations 3 Permitted with consent Centre-based child care facilities; Dwelling houses; Group homes; Oyster aquaculture; Pond-based aquaculture; Respite day care centres; Tank-based aquaculture 4 Prohibited

Read the source · retrieved 9 September 2026

State Environmental Planning Policy (Housing) 2021, section 50
This Part applies to development for the purposes of a secondary dwelling on land in a residential zone if development for the purposes of a dwelling house is permissible on the land under another environmental planning instrument.

Read the source · retrieved 9 September 2026

Step two: is the work exempt

If the use is lawful, the next question is whether the specific work is exempt. Clause 1.15 of the Codes SEPP makes development exempt if it is specified in an exempt development code, meets the standards specified for it and complies with the general requirements. The General Exempt Development Code in Part 2 lists the work types, from access ramps and aerials to sheds, fences, decks and pools, each with its own standards.

The general requirements in clause 1.16 exclude some land outright: State Heritage Register items, interim heritage order land, declared areas of outstanding biodiversity value, critical habitat, wilderness and land shown on the Schedule 4 maps. Exempt work must also meet the Building Code's deemed-to-satisfy provisions or be structurally adequate.

The Planning Portal's summary is that exempt development does not need planning or construction approval from a council or private certifier. It is the homeowner's responsibility to be sure every standard is met, because there is no approval document to rely on later. If one standard is missed the work needs a certificate or a DA.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clause 1.15(1)
Development is exempt development for the purposes of this Policy if the development— (a) is specified in an exempt development code, and (b) meets the standards specified for the development, and (c) complies with the requirements of this Division for exempt development.

Read the source · retrieved 9 September 2026

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clause 1.16(1)(a) to (c)
To be exempt development for the purposes of this Policy, the development— (a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or if there are no such relevant provisions, must be structurally adequate, and (b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and (b1) must not be carried out on land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994, and (b2) must not be carried out on land that is, or is part of, a wilderness area (within the meaning of Wilderness Act 1987), and (c) must not be carried out on land that is, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977, or that is subject to an interim heritage order under that Act, and

Read the source · retrieved 9 September 2026

Exempt development, NSW Planning Portal, web page
Exempt development does not need planning or construction approval from a council or private certifier.

Read the source · retrieved 9 September 2026

Step three: is the work complying development

Complying development is the middle path. Clause 1.17 makes development complying if it is specified in a complying development code, meets the standards and satisfies the Division's requirements. Clause 1.18 requires that it is not exempt, is permissible with consent under an instrument applying to the land, meets the Building Code and is not designated development. Clause 1.19 removes heritage conservation areas, land reserved for public purposes, Class 1 and 2 acid sulfate soils and a list of hazard and conservation land from the housing codes.

If all of that is satisfied the work can proceed on a complying development certificate. Section 4.26 of the Act lets the holder carry out the development in accordance with the certificate and the instruments that applied when it was issued. The certificate states that the work is complying development and will comply with every applicable standard, which is why the certifier has no power to accept a near miss.

For a new house, the Housing Code is the code to read. For a granny flat, Schedule 1 of the Housing SEPP. For a dual occupancy, manor house or terraces, the Low Rise Housing Diversity Code in Part 3B. Each code has lot requirements and built form standards, and the fast-track guide sets them out.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clause 1.17(1)
Development that is specified in a complying development code that meets the standards specified for that development and that complies with the requirements of this Division for complying development is complying development for the purposes of this Policy.

Read the source · retrieved 9 September 2026

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clause 1.18(1)
To be complying development for the purposes of this Policy, the development must— (a) not be exempt development under this Policy, and (b) be permissible, with consent, under an environmental planning instrument applying to the land on which the development is carried out, and (c) meet the relevant provisions of the Building Code of Australia, and

Read the source · retrieved 9 September 2026

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clause 1.19(1)(a) to (c)
To be complying development specified for the Housing Code, the Inland Code, the Low Rise Housing Diversity Code, the Pattern Book Development Code, the Rural Housing Code, the Agritourism and Farm Stay Accommodation Code or the Greenfield Housing Code, the development must not be carried out on— (a) land within a heritage conservation area or a draft heritage conservation area, unless the development is a detached outbuilding, detached development (other than a detached studio) or swimming pool, or (b) land that is reserved for a public purpose by an environmental planning instrument, or (c) land identified on an Acid Sulfate Soils Map as being Class 1 or Class 2, or

Read the source · retrieved 9 September 2026

Environmental Planning and Assessment Act 1979, section 4.26(1)
A person may carry out complying development on land if— (a) the person has been issued with a complying development certificate for the development, and (b) the development is carried out in accordance with— (i) the complying development certificate, and (ii) any provisions of an environmental planning instrument, development control plan or the regulations that applied to the carrying out of the complying development on that land at the time the complying development certificate was issued.

Read the source · retrieved 9 September 2026

Step four: local development by DA

If the use is permitted with consent but the work is neither exempt nor complying, or the land is excluded from the fast tracks, the pathway is a development application to the council. The council assesses it against the LEP standards, the DCP, the relevant state policies and the matters in section 4.15 of the Act, and may impose conditions or refuse.

A DA is also the only route to vary an LEP development standard, because clause 4.6 of the LEP operates only on a DA and cannot touch complying development standards. If your proposal is a few centimetres over the Codes SEPP height limit, the choice is to redesign for a certificate or lodge a DA and address the LEP map height with a clause 4.6 request if that is exceeded too.

Heritage conservation areas are the most common reason a routine house project ends up as a DA. Clause 1.19 removes them from the Housing Code except for detached outbuildings and pools, so a new house or an extension in a conservation area goes to the council even if it would otherwise be a textbook complying development.

Standard Instrument (Local Environmental Plans) Order 2006, clause 4.6(3)
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that— (a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and (b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Read the source · retrieved 9 September 2026

Standard Instrument (Local Environmental Plans) Order 2006, clause 4.6(8)
This clause does not allow development consent to be granted for development that would contravene any of the following— (a) a development standard for complying development,

Read the source · retrieved 9 September 2026

Environmental Planning and Assessment Act 1979, section 4.27(1)(a)
Terms of complying development certificate A complying development certificate is a certificate— (a) that states that particular proposed development is complying development and (if carried out as specified in the certificate) will comply with all development standards applicable to the development and with other requirements prescribed by the regulations concerning the issue of a complying development certificate, and

Read the source · retrieved 9 September 2026

What changes council by council in New South Wales

The state instruments set the frame. These points are set by each council's own instrument or mapping, so the answer for an address depends on which council it sits in.

  • Which uses are permitted without consent, with consent or prohibited in each zone (the council's LEP Land Use Table).
  • Whether the parcel is in a heritage conservation area, a flood planning area or other land the council has mapped that removes the fast tracks (the council's LEP maps and DCP).
  • The LEP development standards a DA is assessed against, such as mapped height, floor space ratio and lot size (the council's LEP and its maps).
  • The design controls a DA is assessed against, such as setbacks, site coverage and landscaping (the council's Development Control Plan).
  • Local variations to the exempt development codes listed in Schedule 2 of the Codes SEPP.

Council pages in New South Wales

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How the $150 report settles this for one site

A Casa preliminary planning report reads the zone, the mapped controls (lot size, height and floor space ratio) and the state policies that apply at that parcel, then states which pathway the rule set allows and cites the clause behind each answer. Where a control depends on a council map or a DCP the report says so and names the instrument, rather than filling the gap with a guess.

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Common questions

What are the approval pathways in NSW?

Exempt development (no approval), complying development (a complying development certificate from a council or private certifier), local development (a development application to the council) and prohibited development (no pathway). The Act's sections 4.1 to 4.3 and the Codes SEPP set them up.

How do I know which pathway applies to me?

Check in order: is the use permitted in your zone under the LEP Land Use Table or a state policy, is the work listed in an exempt or complying code, is the land excluded by clauses 1.16, 1.17A or 1.19 of the Codes SEPP, and does the work meet every standard. A failure at any step after the first means a DA, and a failure at the first means the work cannot proceed.

Who issues a complying development certificate?

A council or a registered private certifier. Section 4.27 of the Act defines the certificate as one that states the work is complying development and will comply with all applicable development standards, and section 4.26 lets the holder carry out the work in accordance with it.

Can I get a DA for something that is prohibited in my zone?

No. Section 4.3 of the Act says a person must not carry out development an instrument prohibits, and the council cannot grant consent to a prohibited use. The only exception is where a state policy such as the Housing SEPP separately permits the use on that land.

Does a heritage conservation area mean I need a DA?

For a new house, an extension or a dual occupancy, yes. Clause 1.19 of the Codes SEPP excludes heritage conservation areas from the Housing Code and the other listed codes, leaving only detached outbuildings, some detached development and swimming pools on the fast track.

Sources read for this guide

Not covered here

  • Section 4.15 of the EP&A Act (matters for consideration on a DA) was not fetched, so its list is referred to but not quoted.
  • State significant, regionally significant, integrated and designated development pathways are named but not explained or sourced in this guide.
  • Council DCPs and LEP maps were not fetched, so no council-specific pathway answer is given.

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