NSW Residential Planning FAQs - DAs, CDCs, BASIX and Heritage

Most residential planning questions in NSW come back to the same handful of documents, thresholds and pathways. Below are straight answers to the thirteen questions we are asked most often, each written in plain English and tagged with the actual Act, Regulation, SEPP or LEP clause it comes from. This is general information current as at September 2026, not legal advice - planning rules vary by council, so always confirm site-specific detail before acting.

1. What documents do I need for a DA submission?

A Development Application has a strict cover sheet and reference list, and a missing attachment gets a submission bounced back before anyone reads it properly. Under the Environmental Planning and Assessment Regulation 2021, every DA must be lodged in the approved form on the NSW Planning Portal and include, at minimum: the approved application form, scaled site plans, floor plans and elevations, a Statement of Environmental Effects (SEE) (clause 17 and Schedule 1), a BASIX certificate if the project is a new dwelling or alterations/additions of $50,000 or more (clause 27), a survey plan, and any specialist reports your site triggers - bushfire, heritage or flooding.

Source: Environmental Planning and Assessment Regulation 2021 (NSW), Part 3, ss 17, 27, 31 and Schedule 1; NSW Department of Planning, Housing and Infrastructure application requirements guide.

2. How do submissions work for s4.15 assessment and merits review?

Once lodged, council assesses your DA under section 4.15 of the Environmental Planning and Assessment Act 1979 - the single most important section in NSW planning law. It requires the consent authority to weigh every relevant LEP and SEPP, the DCP, the likely impacts on the surrounding area, whether the site actually suits what you are proposing, any public submissions, and the public interest. This is a merits assessment, not a checklist: two similar applications on similar sites can get different outcomes depending on the assessing officer and how well the case is argued. A neighbour's submission must be considered under s4.15(1)(d), but it is not a veto.

Source: Environmental Planning and Assessment Act 1979 (NSW), s 4.15; NSW Department of Planning, Housing and Infrastructure practice note, "Assessment of impacts under section 4.15" (Dec 2025).

3. What is BASIX, and when is it required?

BASIX (Building Sustainability Index) is a mandatory online assessment checking your design against NSW's minimum water, energy and thermal-comfort targets, required under the State Environmental Planning Policy (Sustainable Buildings) 2022 for every new residential dwelling, for alterations/additions of $50,000 or more (lowered from $100,000 on 1 October 2023 - an older figure quoted anywhere is out of date), and for pools or spas of 40,000 litres or more. You cannot lodge a BASIX-triggered DA or CDC without a valid certificate.

Source: State Environmental Planning Policy (Sustainable Buildings) 2022 (NSW); Environmental Planning and Assessment Regulation 2021 (NSW), s 27.

4. What is a planning proposal, versus a DA that changes the rules on my land?

A DA works within your land's existing zoning and standards and is assessed under Part 4 of the EP&A Act. A planning proposal is a completely different process - a formal request under Division 3.4 of the Act to actually change the Local Environmental Plan itself (rezoning, a higher height limit, a new permitted use), gated by a Department "Gateway determination" before it can go to public exhibition. A planning proposal does not give you permission to build anything - even a successful one still needs a separate DA afterwards. Private landowners cannot lodge one directly; council (or occasionally the Department) has to sponsor it, and the process typically takes 12 to 24+ months.

Source: Environmental Planning and Assessment Act 1979 (NSW), Division 3.4, ss 3.33-3.34.

5. Do I need approval for demolition?

Yes - demolition is development in its own right. As part of new construction it is usually rolled into the same DA or CDC. Minor structures can often be demolished under the exempt development pathway (clause 2.25 of the Codes SEPP), provided the work complies with AS 2601-2001 regardless of the pathway. None of the exempt routes apply if the building is a heritage item or in a heritage conservation area - demolition there almost always needs a full DA. If asbestos is involved (most pre-1990s homes have some), separate SafeWork NSW and EPA waste-disposal obligations apply on top of your planning approval.

Source: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW), cl 2.25-2.26.

6. Can I build a granny flat without full council approval (via CDC)?

Yes - one of the genuine fast-track options in NSW planning. Granny flats (secondary dwellings) are governed by the State Environmental Planning Policy (Housing) 2021. Meet its fixed standards and a private certifier can issue a CDC with no council merit assessment: maximum internal floor area of 60m2 (carport, porch and covered outdoor living area sit in separate size caps), minimum lot size of 450m2 with a 12-metre frontage, one secondary dwelling per lot, and a maximum building height of around 8.5 metres. A compliant CDC typically issues in around 20 business days versus 60-120+ for a DA.

Source: State Environmental Planning Policy (Housing) 2021 (NSW), Chapter 3; NSW Planning Portal granny flats guidance.

7. Do I need a DA for a swimming pool?

Often not, but it depends entirely on your site and design. A pool can be exempt development if it meets every setback, fencing/child-safety (Swimming Pools Act 1992) and size standard in the Codes SEPP and is not on excluded land (heritage, acid sulfate Class 1/2, flood or bushfire-prone). Slightly outside those limits, it can still qualify for a CDC. Only a pool that fails both - too close to a boundary, significant excavation or retaining - needs a full DA. BASIX applies regardless to any pool of 40,000 litres or more.

Source: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW); Swimming Pools Act 1992 (NSW).

8. What is a Section 7.11/7.12 developer contribution?

Fees councils charge new development to help fund the extra roads, parks, drainage and community facilities it creates demand for, sitting in Division 7.1 of the EP&A Act (previously s94/s94A before a 2018 renumbering). Section 7.11 contributions are tied to a documented nexus - council must prove your project creates the need for specific listed infrastructure. Section 7.12 levies are a simpler flat percentage of estimated cost, generally capped at 1% above $200,000 (0.5% for $100,001-$200,000). These are payable as a condition of consent, usually before the construction or occupation certificate, so you can be fully approved and still receive a bill running into tens of thousands before you can start.

Source: Environmental Planning and Assessment Act 1979 (NSW), ss 7.11, 7.12.

9. Can I renovate a heritage-listed property?

Yes, but expect a more rigorous process and budget more time and money for it. Clause 5.10 of the Standard Instrument LEP requires development consent for a broad range of works on an individually listed item or inside a Heritage Conservation Area - not just demolition, many alterations too - and council must specifically consider the effect on heritage significance. In almost every case you need a Heritage Impact Statement from a qualified heritage consultant. Properties on the State Heritage Register also need Heritage Council of NSW approval under s60 of the Heritage Act, on top of your council DA. A poorly prepared Heritage Impact Statement is one of the most common reasons for refusal on heritage sites.

Source: Standard Instrument (Local Environmental Plans) Order 2006 (NSW), cl 5.10; Heritage Act 1977 (NSW), s 60.

10. What are setbacks, and why do they matter?

A setback is the minimum distance a building must sit back from a boundary - front, side or rear - set out in your council's DCP and sometimes the LEP itself, protecting neighbours' privacy, sunlight, airflow, streetscape and firefighting access. Setback non-compliance is one of the most common reasons for initial DA rejection or an information request. If your design breaches one, your options are to redesign or pursue a Clause 4.6 variation, which is judged on how genuinely the breach affects neighbouring amenity, not on how inconvenient compliance is for you.

Source: NSW Residential Design Manual; relevant council Development Control Plans (setback figures are locally determined).

11. Do I need a neighbour's consent for my DA?

No. There is no general requirement for neighbours to consent. What the EP&A Act and Regulation require is notification - councils must notify adjoining owners where their DCP requires it and give a window (commonly 14-21 days) for written submissions. Neighbours have a statutory right to make a submission, and council must consider it under s4.15(1)(d), but considering an objection is not the same as being bound by it. Unless your project is designated development, objectors have no formal merit appeal right to the Land and Environment Court if council still approves your DA.

Source: Environmental Planning and Assessment Act 1979 (NSW), s 4.15(1)(d).

12. What is a Construction Certificate, and how does it differ from a DA?

A DA approval answers a planning question - is this land use and built form allowed here. A Construction Certificate (CC), under Part 6 of the EP&A Act, answers a technical one: do the detailed engineering drawings comply with the Building Code of Australia and match the consent that was granted. You cannot start physical building work until a CC has been issued, by either council or an accredited private certifier - a DA alone does not authorise construction. A CDC is the exception: it is itself a form of development consent, so no separate CC is needed.

Source: Environmental Planning and Assessment Act 1979 (NSW), Part 6, ss 6.4, 6.10.

13. What are the most common reasons for residential DA objections or refusals?

From neighbours: privacy loss from new windows or balconies (the single most common complaint), overshadowing, traffic and parking impacts, and bulk/scale out of character with the street. From council's technical review: non-compliance with setbacks, height or floor space ratio without an adequate Clause 4.6 case; incomplete documentation (missing BASIX, weak SEE, absent specialist reports); inconsistency with the DCP; and insufficient stormwater management. A free pre-lodgement meeting with council planning staff surfaces most of these issues before you have spent anything on a formal application.

Source: NSW Department of Planning, Housing and Infrastructure development assessment guidance; council DA refusal statistics published in individual Local Government Area annual reports.

Where to go next

If your project is a straightforward single dwelling, a lot of this will not apply to you. If you are close to a limit, on a constrained site, or dealing with a heritage or unauthorised-structure issue, see our residential council approval page or call us - the first check is free.