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When is a DA Required?

A Development Application (DA) is required for all 'development' in the City of Sydney. Under The Environmental Planning and Assessment Act 1979, 'development' is defined as:

  • the use of land;
  • the subdivision of land;
  • the erection of a building;
  • the carrying out of work;
  • the demolition; or
  • any other matter controlled by an evironmental planning instrument.

To obtain development consent, you must lodge a DA with the City of Sydney.

Some minor development, called Exempt Development, does not require consent. Another type of development, called Complying Development, requires a Complying Development Certificate prior to commencing the use. The relevant controls can be found in Development Control Plans.

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Construction Certificates

When undertaking any building or structural work, you will need to obtain a Construction Certificate - previously known as a Building Application - in addition to securing development consent through a DA.

A Construction Certificate certifies that the detailed construction plans and specifications for the development are consistent with the development consent and comply with the Building Code of Australia.

The certificate is required prior to commencing work.

You may obtain a Construction Certificate from the City of Sydney or from a private accredited certifier.

For some minor work such as partitioning, a joint Development Application/Construction Certificate submission may be made to the City of Sydney.

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Modifying a Development Consent

If you wish to modify an existing development consent, you may make application under Section 96 of The Environmental Planning and Assessment Act 1979.

A Section 96(1) application is made to correct a minor error, misdescription or miscalculation.

A Section 96(2) or 96(1A) application is made to modify the consent in other ways, such as design changes or deletion of a condition of consent. The development as modified must be substantially the same development, and you must provide evidence of this. It is recommended that you contact the officer who dealt with the DA to discuss the modification before it is lodged.

 


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Last Updated: Wednesday 1 November, 2006

Please Note:
While care is taken to ensure accuracy, the City of Sydney cannot guarantee that information expressed here is correct and recommends that users exercise their own skill and care with respect to its use. The City of Sydney makes no warranty or undertaking, whether expressed or implied, nor does it assume any legal liability, whether direct or indirect.