Northern Territory · Planning guide
Do I need a DA in the NT?
In the Northern Territory the planning approval is a development permit under the Planning Act 1999, and you need one when the NT Planning Scheme 2020 allows your development only with the consent of the consent authority, or when you are subdividing or consolidating land. The Scheme's Part 4 assessment tables classify each use in each zone as Permitted, Merit Assessable, Impact Assessable or Prohibited. Permitted development that meets every relevant Part 5 requirement and is not caught by an overlay needs no development permit. Building work always needs a separate building permit under the Building Act 1993. Section 75 of the Planning Act makes it an offence to use or develop land in contravention of the Scheme except under a permit.
Sources read on 9 September 2026. Provisions are quoted word for word from the instrument.
Two permits, two Acts
The NT has no council planning schemes and no development application in the eastern states' sense. Planning approval is a development permit issued by the consent authority under Part 5 of the Planning Act 1999. Building approval is a building permit issued by a building certifier under the Building Act 1993. They are separate, and a project can need one, both or neither.
Section 44 of the Planning Act says the development permit Part applies where a planning scheme allows development only with consent, where the proposal is a subdivision or consolidation, or where an interim development control order requires consent. Section 75 backs this up with an offence for using or developing land in contravention of the planning scheme except in accordance with a permit.
This Part applies in any of the following circumstances: (a) if a provision of a planning scheme allows development only with the consent of the consent authority; (b) if the proposed development is the subdivision or consolidation of land; (c) if an interim development control order allows development only with the consent of a consent authority.
Read the source · retrieved 9 September 2026
(1) Land must not be used or developed in contravention of the planning scheme that applies to the land, except in accordance with a permit. (3) It is a defence to a prosecution for an offence against subsection (2) if the use or development is in accordance with a permit.
Read the source · retrieved 9 September 2026
A person must not carry out building work unless a building permit in respect of the work has been granted and is in force under this Act and the work is carried out in accordance with the permit.
Read the source · retrieved 9 September 2026
The four assessment categories
Part 1 clause 1.8 of the NT Planning Scheme 2020 sets out when consent is required. Permitted development needs no consent if it is shown as Permitted in the zone's assessment table, no overlay requires consent, and it complies with all relevant Part 5 requirements. Merit Assessable development needs consent and is judged against the requirements and the zone purpose and outcomes. Impact Assessable development needs consent and is judged on its appropriateness for the location and against the Strategic Framework. Prohibited development cannot be consented to.
A Permitted use slides into Merit Assessable if an overlay requires consent or if it fails a Part 5 requirement. Consolidation and unit title subdivision over approved or Permitted development are Merit Assessable. All other subdivision is Impact Assessable. A use that is Prohibited in the table can still be allowed as an ancillary use under clause 1.9 in limited cases.
Permitted – use and development that is compatible with the purpose of the zone provided it is established and operated to comply with all relevant development requirements. Use and development of land is Permitted without consent when the following apply: i. it is shown as Permitted on the relevant assessment table in Part 4; and ii. it does not require consent by virtue of an overlay in Part 3; and iii. it complies with all relevant development requirements set out in Part 5; or iv. a provision of the Planning Scheme expressly sets out that it is Permitted.
Read the source · retrieved 9 September 2026
Use and development of land requires consent and is Merit Assessable when any of the following apply: i. it is shown as Merit Assessable on the relevant assessment table in Part 4; ii. it is shown as Permitted on the relevant assessment table in Part 4 but: (1) requires consent by virtue of an Overlay as set out in Part 3; or (2) does not comply with the relevant development requirements set out in Part 5; iii. it is for the consolidation of land;
Read the source · retrieved 9 September 2026
Impact Assessable – use and development that requires the exercise of discretion by the consent authority to determine if it is appropriate given the location of the site and the potential impacts on surrounding uses, and if it accords with the Strategic Framework. Use and development of land requires consent and is Impact Assessable when any of the following apply: i. it is shown as Impact Assessable on the relevant assessment table in Part 4; ii. it is for the subdivision of land other than that included at Clause 1.8(1)(b)(iii); or Prohibited – use and development to which the consent authority must not grant consent.
Read the source · retrieved 9 September 2026
How to read your zone table
Part 4 clause 4.1 gives the method. First find the Schedule 2 definition that fits your use. Then find the zone on the zone map, along with any overlays and any relevant part of the Strategic Framework. Then read the zone's assessment table for the assessment category, the overlays and the development requirements that apply to that use. The NT Atlas and Spatial Data Directory is the published map for zones and overlays.
In Zone LR, for example, a dwelling-single and a dwelling-independent are Permitted, a residential care facility and a community centre are Impact Assessable, and every other defined use is Prohibited. In Zone LMR a dwelling-group of fewer than five dwellings is Permitted and a dwelling-multiple is Merit Assessable. The same house can be Permitted in one zone and Prohibited in the next.
The assessment tables identify the following as they apply to a defined development: (a) The assessment category as either: i. Permitted; ii. Merit Assessable; iii. Impact Assessable; or iv. Prohibited; (b) Overlays that may influence the assessment category and/or apply additional requirements to development depending on the location of the site; To determine the assessment category and relevant requirements: (a) establish which definition in Schedule 2 applies to the use or development; (b) refer to the relevant zone map to identify the zone applicable to the site of the use or development, any relevant overlays or applicable components of the strategic framework; (c) refer to the assessment table to identify: i. the assessment category applicable to the development; ii. Any Overlays applicable to the site; and iii. Development Requirements relevant to the defined use.
Read the source · retrieved 9 September 2026
Dwelling-Independent Permitted Dwelling-Single Permitted All other uses defined in Schedule 2 (Definitions) Prohibited Undefined Uses Any use not defined in Schedule 2 (Definitions) Prohibited
Read the source · retrieved 9 September 2026
Overlays and exceptions
Overlays in Part 3 prevail over every other Part. Land subject to flooding, storm surge, land adjacent to a designated road, proximity to helicopter landing sites and runway thresholds, coastal reclamation and the Katherine East residential overlay all appear in the residential zone tables and can require consent for a Permitted use. Reading the overlay map is as important as reading the zone.
Clause 1.11 provides the exceptions. Unzoned land is not restricted by the Scheme except for subdivision, consolidation or where an overlay or interim development control order requires consent. And the Scheme does not prevent use or development in accordance with Schedule 3, which mainly covers roads, utilities, sport and recreation, safety works and time-limited site-specific matters.
(b) overlays in Part 3 prevail over all Parts to the extent of the inconsistency; (c) Area Plans within the Strategic Framework prevail over zone purposes and outcomes in Part 4 (but not over the assessment category set out in the assessment tables) and Parts 5 and 6 to the extent of the inconsistency;
Read the source · retrieved 9 September 2026
1. This Planning Scheme does not prevent the use or development of unzoned land unless: (a) for subdivision or consolidation; (b) an Overlay specifically requires consent; or (c) an Interim Development Control Order specifically requires consent. 2. Despite sub-clause 1 this Planning Scheme does not prevent the use or development of land in accordance with Schedule 3 (Exceptions).
Read the source · retrieved 9 September 2026
What the consent authority weighs
For a Merit Assessable application the consent authority must take into account the relevant Part 5 or Part 6 requirements and their purpose, any overlays, and the zone purpose and outcomes. For an Impact Assessable application it must also consider the Strategic Framework. It may vary a requirement only if satisfied the variation is appropriate having regard to the requirement's purpose and administration clauses, and it may impose conditions requiring a higher standard than the Scheme sets. It must not consent to Prohibited development except for ancillary uses under clause 1.9 or heritage places with the Heritage Minister's approval.
3. In considering an application for consent for a use or development identified as Merit Assessable the consent authority must take into account all of the following: (a) the relevant requirements, including the purpose of the requirements, as set out in Parts 5 or 6; (b) any Overlays and associated requirements in Part 3 that apply to the land; and (c) the guidance provided by the relevant zone purpose and outcomes in Part 4 relevant to a variation of requirements in Parts 5 or 6.
Read the source · retrieved 9 September 2026
5. The consent authority may consent to a proposed use or development that is not in accordance with a requirement set out in Parts 3, 5 or 6 only if it is satisfied that the variation is appropriate having regard to: (a) the purpose and administration clauses of the requirement; and (b) the considerations listed under Clause 1.10(3) or 1.10(4). 7. The consent authority must not grant consent for a use or development identified as Prohibited unless: (a) the Prohibited use or development is ancillary as set out in Clause 1.9; or (b) the Prohibited use or development relates to a heritage place and it has the approval of the Minister responsible for the administration of the Heritage Act 2011.
Read the source · retrieved 9 September 2026
A homeowner's checklist
First, find the Schedule 2 definition for what you want to build or do. Second, read the zone and overlays for the site on the NT Atlas. Third, read the zone's assessment table for the category and the Part 5 clauses that apply. Fourth, test the design against every listed Part 5 requirement, because a single miss turns Permitted into Merit Assessable. Fifth, obtain a building permit from a building certifier before any building work. Sixth, if lot boundaries change, expect a development permit in every case.
(1) General Definitions in Schedule 2 will assist in determining compliance with Development Requirements or otherwise. (2) The NT Atlas and Spatial Data Directory provides the geographical means for identifying the applicable zones and overlays.
Read the source · retrieved 9 September 2026
What changes council by council in Northern Territory
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.
- NT councils do not make planning schemes or decide development permits. The zone comes from the NT Planning Scheme 2020 zone maps and the assessment table for that zone sets the category for each use.
- Overlays in Part 3 mapped to the site can require consent for a Permitted use and prevail over the zone.
- Interim development control orders can require consent on particular land, including unzoned land.
- Specific use zones in Schedule 4 and specific planning schemes made under section 8 of the Planning Act replace the general Scheme for particular areas.
- Area plans in the Strategic Framework guide Merit and Impact assessment but do not change the assessment category.
Council pages in Northern Territory
For your address
How the $150 report settles this for one site
A Casa preliminary planning report reads the NT Planning Scheme zone and the Part 3 overlays mapped at your parcel and states the assessment category for the project type you describe: Permitted without a development permit, Merit Assessable, Impact Assessable or Prohibited. It lists the Part 5 requirements that keep a Permitted project out of the permit process and flags any overlay that pulls it back in. It does not issue a development permit or a building permit.
Common questions
What is a DA called in the NT?
A development permit, issued by the consent authority under Part 5 of the Planning Act 1999. Section 44 says the permit regime applies where the planning scheme allows development only with consent, for subdivision or consolidation, and where an interim development control order requires consent.
Do I need a development permit to build a house?
Not if the zone table lists Dwelling-Single as Permitted, no overlay requires consent and the house meets every relevant Part 5 requirement. A building permit under section 55 of the Building Act 1993 is still needed.
Do I need a development permit for a shed or carport?
Ancillary structures to a Permitted dwelling follow the same rule: no development permit where they meet the Part 5 setbacks and other requirements and no overlay applies. Whether a building permit is needed is a Building Act 1993 question that this guide does not cover in detail.
What is the penalty for building without a permit in the NT?
Section 75 of the Planning Act 1999 makes it an offence to intentionally use or develop land in contravention of the planning scheme while reckless as to that result, and it is a defence that the use or development is in accordance with a permit. Building without a building permit is a separate offence under section 55 of the Building Act 1993.
Who is the consent authority?
The Planning Act 1999 sets the consent authority for each type of application. The NT Planning Scheme refers to the consent authority throughout without naming it, and this guide does not identify which body decides a particular application.
Does subdivision ever avoid a permit?
No. Section 44 applies the permit regime to every subdivision or consolidation, and clause 6.1 of the Scheme requires consent unless the Act, Regulations or Part 1 provide otherwise. The Part 1 Editor's note says the Act and Regulations exempt some types, which this guide does not list.
Sources read for this guide
- Planning Act 1999 (NT), as in force at 10 February 2026read 9 September 2026
- Building Act 1993 (NT), as in force at 10 February 2026read 9 September 2026
- NT Planning Scheme 2020, Parts 1 and 4, Northern Territory Governmentread 9 September 2026
Not covered here
- Part 4 quotes were taken from Casa's cached copy of the nt.gov.au PDF (fetched 2026-09-08, file dated June 2026, no version number stated in the text) and re-read 2026-09-09. Part 1, the Planning Act and the Building Act were fetched live on 2026-09-09.
- The Planning Act provisions naming the consent authority for different applications were not read, so the guide does not say which body decides.
- Section 75(2) of the Planning Act (the offence and its penalty) is summarised in an FAQ from the fetched text and only subsections (1) and (3) are quoted in full.
- Building Act 1993 exemptions from a building permit, if any, were not read.
- The Zone LR assessment table is a multi-column layout, so only the use and assessment category cells are quoted.
More NT guides
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- Dual occupancy rules in the NT
- Subdivision rules in the NT
- Fast-track approvals in the NT
- Height and setback rules in the NT
Do I need a development application? in other states
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