DA or Nah? Your No-BS Guide to Development Applications

Let me break down how Aussie property development actually works, minus the headache-inducing jargon.

So you're standing in your backyard with a tape measure, dreaming about that new deck, or you've decided the kitchen reno can't wait another year. First question that pops into your head: "Do I need council approval for this?"

Welcome to the wonderful world of Development Applications – or as I like to call it, "Council's way of keeping themselves in business since 1979."

The Big Question: Do I Actually Need a DA?

Here's the truth that'll save you a lot of grief: it depends. And yeah, I know that's about as helpful as a screen door on a submarine, but stick with me.

The short answer is: some things need approval, some don't, and some sit in this annoying grey area that makes you want to pull your hair out. Let's break it down.

When You DON'T Need a DA (Probably)

Good news first! There's a category called "exempt development" – basically stuff that's so low-impact, council reckons you can crack on without asking permission. This typically includes:

• Minor repairs and maintenance – Fixing that dodgy gutter, repainting the house, replacing broken tiles. Go nuts.

• Small garden sheds – Usually under 10 square metres. But (and there's always a but) check your local rules because some councils are stricter than others.

• Internal renovations – Knocking down internal walls, updating the bathroom, putting in new kitchen cabinets. Usually fine... unless you're touching structural walls or plumbing (then it gets complicated).

Real talk: I once had a client who spent $45,000 on a bathroom renovation without checking anything. Turned out they'd moved a load-bearing wall and needed to get a structural engineer's report, lodge retrospective plans, and cop a please-explain letter from council. Don't be that person.

When You Probably DO Need Approval (And What Type)

This is where it gets interesting. There are actually different types of approvals:

1. Complying Development Certificate (CDC)

This is the fast track option – like the express lane at Woolies. If your project ticks all the boxes in the rule book (and I mean ALL of them), you can get a CDC instead of a full DA. It's quicker, usually cheaper, and you don't have to deal with as much red tape.

What qualifies? Things like:

• Carports and garages (within certain size limits)

• Decks and pergolas (again, size and setback restrictions apply)

• Swimming pools (with all the safety gear sorted)

• Granny flats (if you meet about 47 different criteria)

The catch? Your project has to be absolutely by-the-book. If you're even 50mm over the height limit or too close to the boundary, you're back to square one with a full DA.

I had a bloke in Parramatta who wanted to build a carport. Measured everything himself, lodged for a CDC, all approved. Started building. Turns out his measurements were "roughly right" and the thing ended up 300mm too close to the boundary. Council made him pull it down and start again with a proper DA. Cost him double and his wife still brings it up at BBQs.

2. Development Application (DA) – The Full Monty

This is the main game. A DA is required for anything that's going to change the look, use, or impact of your property in a way that council (and potentially your neighbours) care about.

Common DA projects:

• House extensions and second storeys

• New dwellings or granny flats that don't meet CDC requirements

• Demolitions

• Changing the use of a building (turning your garage into a home office, for example)

• Tree removal (yes, really – depending on the tree and your council)

• Subdivisions

The process: You'll need plans drawn up by someone who knows what they're doing (architect, draftsperson, designer), submit a DA with all the required documents (there'll be a checklist longer than a Bunnings receipt), pay your fees, then wait. And wait. And maybe wait some more.

Average DA processing time? Anywhere from 6 weeks to 6 months, depending on complexity and how busy your council is.

3. Modification Applications

Already got DA approval but want to change something? You'll need to lodge a modification. Could be a Section 4.55(1A) for something minor (changing window colours, moving a door), or a Section 4.55(2) for bigger changes that still maintain the spirit of the original approval.

Pro tip: Modifications aren't automatically easier or faster than the original DA. Sometimes it's quicker to just build what you got approved and deal with the changes later (within reason).

The "But My Neighbour Did It Without Permission!" Trap

Look, I hear this at least once a week. Someone reckons their mate's cousin's brother-in-law built a whole second storey without council approval and got away with it.

Here's the thing: just because someone else got away with it doesn't mean you will. And more importantly, it doesn't mean you should.

Why You Absolutely Should Get Approval When Required

1. Council Can Make You Demolish It

Not joking. If council finds out you've built something without approval, they can issue an order to pull it down. At your expense. I've seen people lose six-figure extensions because they tried to save a few grand on fees.

2. Insurance Issues

Your home insurance probably won't cover work done without proper approvals. House fire? Structural issues? Good luck making a claim on that unapproved extension.

3. You Can't Sell

When you go to sell your property, your conveyancer will ask for proof that everything's been approved. No approval = no sale, or at least a massive headache trying to get retrospective approval (which council isn't obliged to give, by the way).

4. Fines and Legal Costs

Council can fine you, and if you refuse to comply with their orders, they can take you to the Land and Environment Court. That's solicitor territory, and those blokes charge more per hour than your plumber on a Sunday.

State By State: Because Why Make It Simple?

Here's where it gets properly annoying. Each state does things slightly differently:

NSW: DA goes to local council. They're the gatekeepers. Some councils are lovely, some are... less lovely.

Victoria: You're dealing with Planning Permits instead of DAs, but same basic idea. Goes to council.

Queensland: Development Applications but with different rules. Also goes to council, but they call them "local governments" up there to be fancy.

Other states: Similar systems with their own quirky variations because apparently standardisation is against the Australian spirit.

The killer: Even within the same state, different councils have different rules. Inner-city Sydney council might have totally different requirements than a regional council. It's like every council got together and decided to make life as complicated as possible.

Common Pitfalls (AKA How People Stuff This Up)

The "I'll Just Start and See What Happens" Approach

Mate. Don't. I've seen too many disasters where someone starts building and then finds out halfway through they need approval. Now you've got a half-built structure and council breathing down your neck.

The "Close Enough Is Good Enough" Mindset

Remember that carport story? Plans need to be accurate. Like, actually accurate. Not "she'll be right" accurate.

Ignoring Heritage and Tree Preservation

Think that old oak tree in your backyard is yours to do with as you please? Not if it's protected by a Tree Preservation Order. Some councils protect trees over a certain size or species, and cutting one down without approval can lead to fines up to $1.1 million in NSW. Yes, you read that right. Million. With an M.

I had a client who cut down a protected Moreton Bay Fig because "it was dropping leaves on the deck." Cost them $22,000 in fines and they had to plant three replacement trees. Expensive leaves.

The "Neighbour Said It's Fine" Mistake

Even if your neighbour says they don't mind your 3-metre boundary fence, council might. Neighbourly agreements don't override planning laws. Get it in writing through the proper channels during the DA process.

Assuming Online Information Is Up-to-Date

Council websites can be... let's call them "optimistically maintained." Rules change, LEPs get updated, and that document from 2019 might not reflect current requirements. Always double-check with council or a professional.

So What Should You Actually Do?

Here's my step-by-step guide for not stuffing this up:

Step 1: Work Out What You Want To Do

Get clear on your project. Rough sketches are fine at this stage, but know what you're trying to achieve.

Step 2: Come to DAPlanningMate.com.au

There is heaps of information you can get about all kinds of DA related stuff.

This will give you a rough idea if your project is feasible.

Step 3: Have a Chat With Council (Free Pre-DA Advice)

Most councils offer free pre-lodgement advice. Book a meeting, bring your sketches, and ask them straight up: "What are the main issues you can see?"

This is gold. They might point out a deal-breaker before you spend thousands on plans.

Step 4: Decide If You Need Professional Help

For small stuff? Maybe you can DIY the CDC or DA, especially with some help from DAPlanningMate.com.au. For anything complex? Get a professional. Town planners, architects, designers – they know the system and can save you time and money in the long run.

Step 5: Lodge Your Application (If Required)

Submit everything council asks for. Missing documents = delays. Pay the fees (they're non-refundable, by the way, even if you get rejected).

Step 6: Wait (And Maybe Chase Up)

Patience, grasshopper. Council will assess, might ask for more info, might notify your neighbours (who might object, because apparently your fence is ruining their view of your bins).

Step 7: Get Your Approval and Build

Once approved, you'll have conditions to meet. Read them. Follow them. Don't go rogue and change things without a modification application.

The Ridiculous Stuff (Because We All Need a Laugh)

Let me share some absolute crackers I've encountered:

The Mailbox Saga: A council in Sydney's Northern Beaches once required a DA for a decorative mailbox because it was "too close to the boundary" at 850mm. The regulations said mailboxes could be on the boundary, but because this one had a decorative stone base, it technically became a "structure." Six months and $3,000 later, the homeowner got approval for a bloody letterbox.

The Shade Cloth Situation: Bloke wanted to put shade cloth over his pergola. Council said the shade cloth changed it from a "pergola" (exempt) to a "covered outdoor area" (needs approval). He argued it was temporary. Council pointed out it was cable-tied on. Temporary became permanent in the eyes of bureaucracy.

The Two-Metre Tree Rule: In one council area, you can't remove a tree over 2 metres tall without permission. Homeowner tried to get around this by cutting a tree down to 1.9 metres, waiting for the approval to die off, then removing it. Council caught on and fined them anyway. Points for creativity, though.

Red Flags That You Definitely Need Help

If any of these apply, don't DIY it:

• Heritage listed property or heritage conservation area

• Battleaxe block or unusual property configuration

• Bushfire prone land

• Flood affected land

• You're planning a dual occupancy or subdivision

• Your project is close to boundaries and height limits

• You've already been knocked back once

• Neighbour is a retired town planner (seriously, I've seen this go badly)

  
  

The Bottom Line

Look, the DA system isn't perfect. It's slow, it can be expensive, and sometimes the rules seem bonkers. But it exists for a reason – to make sure buildings are safe, neighbourhoods don't turn into free-for-alls, and heritage isn't demolished for a bigger garage.

My golden rule: When in doubt, ask. Check DAplanningmate.com.au . A quick phone call to council or a chat with a professional can save you tens of thousands down the track.

And remember: the short-term pain of getting approval is nothing compared to the long-term nightmare of getting caught without one.

Need help working out if your project needs a DA? Check out DAPlanningMate.com.au – we'll help you navigate the maze without the headache.

Now get out there and build something awesome (with the right approvals, obviously).

Cheers!

Disclaimer: This blog is general information only and doesn't constitute professional planning advice. Rules vary by location and change over time. Always check with your local council or consult a qualified planning professional before starting any development work.