Do I Need Development Consent in NSW?

How development consent works in NSW

Every development in New South Wales falls into one of three pathways under the Environmental Planning and Assessment Act 1979 (the EP&A Act). Which pathway applies depends on the type of development, where the property is, and whether specific standards in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — the Codes SEPP — are satisfied. The free checker above walks you through the decision; the explainer below covers the legal framework.

Which one applies to my project?

The checker above is the fastest way to find out. The general rule of thumb:

• •Very small works (small shed, fence under 1.8m, minor internal works) — typically Exempt.
• •Single dwelling on a residential lot meeting all Housing Code standards — typically CDC. If a single standard is breached, falls back to DA.
• •Dual occupancy / multi-dwelling housing meeting LRHDC standards (and council hasn't opted out of parts) — typically CDC. Most metro Sydney dual occs go via DA in practice.
• •Heritage / bushfire BAL-FZ / foreshore / flood storage properties — CDC excluded; DA pathway only.
• •Apartment buildings (RFBs) — always DA, with mandatory Apartment Design Guide assessment under Housing SEPP cl 147 + Schedule 9 design principles.

Council vs SARA — who decides?

Most DAs are determined by the local council. Some are escalated to the State Assessment and Referral Agency (SARA) because they trigger state interests under the EP&A Regulation 2021 Schedule 1 — coastal land, mining, biodiversity, state-controlled roads, certain rural / regional land. The very largest projects (State Significant Development, $30m+) go to the Independent Planning Commission. Our development types guide covers each pathway in detail.

Recent reforms to be aware of

NSW planning law is moving fast in 2024-2026. Key reforms affecting whether and how you need consent:

• •Statement of Expectations Order 2024 (1 July 2024) — caps DA determinations at 115 days, dropping to 85 days by 1 July 2027.
• •Housing SEPP cl 166 (Stage 1 LMR) — since 1 July 2024, permits dual occupancy with consent in R2 zones state-wide regardless of LEP prohibition.
• •Housing SEPP Ch 3 (Stage 2 LMR) — since 28 February 2025, uplifted controls within 800m of 171 nominated centres / stations across Greater Sydney, Central Coast, Lower Hunter / Newcastle and Illawarra-Shoalhaven.
• •Transit Oriented Development (TOD) program — since 13 May 2024, 25 active precincts with uplifted controls.
• •SEPP 65 repealed 14 December 2023 — apartment design now under Housing SEPP Ch 4 + Schedule 9 (the 9 design principles preserved).

Where to find your specific controls

For any specific NSW property:

1. Run your address through the NSW Planning Portal Spatial Viewer for a free property report showing zone, HOB, FSR, minimum lot size, heritage and hazard flags.
2. Look up your council's LEP on the NSW Legislation site for the Land Use Table and zone-specific controls.
3. Read your council's DCP for the local design controls (setbacks, character, parking) that supplement the LEP.
4. Or — run our free Property Snapshot for a plain-English summary, or $39 NSW Planning Insight for a full development analysis.