Provide owner’s consent when making a development application

Project Status: When you need to do this

What you need to do

Owner’s consentPDF · 53.66 KB · Last modified

Owner’s consent requirements

1. Company

If the owner is a company, the owner’s consent must be signed by one company director and one company secretary, or 2 company directors. Where the company has one director or secretary, only one signature is required.

The applicant must provide the names and positions of those signing the consent and a current company extract from the Australian Securities and Investments Commission  (asic.gov.au) dated the day of lodgement or the day before.

2. Strata title

If the property is a unit under strata title, then in addition to the consent of the owner(s) of the unit, owner’s consent from the owners corporation must be provided if any works or proposed use will affect common property.

The owner’s consent from the owners corporation must be signed in line with section 273 of the Strata Schemes Management Act 2015 (NSW) by way of the seal of the owners corporation being affixed in the presence of: 

  • where the owners corporation has only one owner, that owner or the strata managing agent  
  • where the owners corporation has only two owners, both those owners or the strata managing agent
  • where the owners corporation has more than two owners, either of the following:
    • two owners as determined by the owners corporation
    • the secretary of the owners corporation and any other member of the strata committee
    • the strata managing agent.

The owners corporation must also provide a copy of the minutes of the general meeting showing the special resolution that authorises the change to common property has been passed, or a letter on strata management letterhead stating the requirements of section 108 of the Strata Schemes Management Act 2015 (NSW) have been met.

3. Signing on owner’s behalf

If you’re signing on the owner's behalf as the owner's representative, you must state the nature of your legal authority and attach documentary evidence of your authority – a full copy is required. Depending on the nature of your authority, the following evidence may be accepted:

  • power of attorney
  • trust deed
  • probate
  • letters of administration
  • delegation schedule
  • letter on company owner’s letterhead confirming your authority.

4. New owners

If the property has recently been sold, evidence of the new owner being the registered owner must be provided with a copy of the certificate of title.