Don't sign a lease for a use the LEP doesn't permit
The single most expensive mistake in NSW commercial leasing is signing a 5-year lease for a fitout in a zone where the LEP prohibits the use. The lease is enforceable. The landlord won't refund. Council won't approve a DA for a prohibited use. Our $19 Change of Use Check spots this in 30 seconds.
What you assume vs what NSW planning actually does
Three common mismatches between assumption and NSW reality — and how our tools cover them.
“The previous tenant ran a similar business, so you assume your business is also OK”
Reality: NSW use definitions are precise. 'Restaurant or cafe' is different from 'food and drink premises' is different from 'take away food and drink premises'. A change between any two requires a fresh DA (or s 4.55 modification) — even when the fitout is unchanged. We check the precise classification before you sign.
“The agent says 'all uses welcome' and the building is zoned commercial”
Reality: Different commercial zones (B1 Local Centre, B2 Local Centre, B3 Commercial Core, B4 Mixed Use, B5 Business Development, B6 Enterprise Corridor, B7 Business Park, B8 Metropolitan Centre) have very different Land Use Tables. The agent isn't liable; you are.
“You plan to fit out the same way the previous tenant did”
Reality: Your new use may trigger a Building Code of Australia (BCA) Class change — which can require fire upgrades, accessibility upgrades, exit signage, sprinklers and structural retrofits. Class 5 office to Class 9b assembly (restaurant) typically costs $50k-$500k to retrofit. You need to know before you commit.
NSW tools we recommend for nsw business owners
Each tool is positioned for your specific use case — the right one depends on how committed you are.
NSW Change of Use Check
30-second check of LEP zone permissibility, Codes SEPP cl 5A.6 CDC pathway availability, BCA Class change implications, parking demand, and the full licence stack (liquor, food, childcare, trade waste).
NSW Property Snapshot
Full picture of the planning controls on the tenancy address — zone, LEP, applicable SEPPs, hazard flags, Stage 2 LMR catchment status. Useful if you're scoping multiple sites.
NSW Signage Check
Compliance check for your business signage proposal against the Industry & Employment SEPP 2021, LEP cl 5.10 heritage, and the council DCP signage chapter. Catches the Roads Act 1993 trap for awning signs.
Ready to add planning intelligence to your work?
Sign nothing until you know the use is permitted. $19 now beats $200k+ in dead lease cost later. The check takes 30 seconds and includes a plain-English explanation of what each finding means for your business.