regulation Compliance and regulation 7 min read

Planning, Development and Infrastructure Act 2016 (SA)

South Australia's foundational planning statute. Establishes the Planning and Design Code, assessment pathways, building consent regime, and State Planning Commission.

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The Planning, Development and Infrastructure Act 2016 (SA) (the PDI Act) is South Australia’s foundational planning statute, replacing the Development Act 1993 (SA) and consolidating the planning, development assessment, and building consent framework into a single Act. The PDI Act commenced in stages from 2017 with full operation from 19 March 2021 (the date the Planning and Design Code became operative). It establishes the Planning and Design Code, the four assessment categories (Accepted, Code Assessed Deemed-to-Satisfy, Code Assessed Performance Assessed, Restricted Development), building consent regime, and the State Planning Commission. Verified per PDI Act 2016 (SA) (2026-05-23).

What the PDI Act establishes

ElementStatutory basis
Planning and Design CodeThe single statewide planning instrument (replacing 72 council Development Plans)
Four assessment categoriesAccepted, Code Assessed DTS, Code Assessed PA, Restricted
Building Rules ConsentBuilding approval mechanism (the SA equivalent of NSW CC or Vic Building Permit)
State Planning CommissionIndependent statutory body advising on planning matters
Planning panelsCouncil Assessment Panels (CAPs), State Commission Assessment Panel (SCAP), Regional Assessment Panel
PlanSA online portalThe mandatory lodgement and reference portal
Accredited Professional schemePrivate certifiers for building consent

The four assessment categories

CategoryTriggerProcess
AcceptedStandard residential land use listed as acceptedNo DA needed
Code Assessed Deemed-to-SatisfyMeets DTS criteriaDA + standard council approval, routine
Code Assessed Performance AssessedMisses DTS; argued against Performance OutcomesDA + merit + public notification
Restricted DevelopmentHigh-impact; assessed by State Planning CommissionFull merit assessment + significant public notification

Each category has its own decision pathway, fees, and timeline. See Code Assessed Performance Assessed for the most common residential pathway.

Why SA went statewide

Before 2021:

  • 72 separate council Development Plans.
  • Inconsistent format and provisions across LGAs.
  • Each council interpreted and amended their plan independently.
  • Permitting varied substantially by council.

After 19 March 2021:

  • Single Planning and Design Code statewide.
  • Common assessment categories.
  • Common terminology and framework.
  • Council-level calibration via Technical and Numeric Variations (TNVs) within the Code.

The transition was a major reform; older industry knowledge of “the [Council Name] Development Plan” no longer applies. It’s all the Code now.

Key actors under the PDI Act

ActorRole
Minister for PlanningPolitical authority; can call in significant proposals
State Planning CommissionIndependent statutory body advising the Minister; sets state-significant policy
Department for Infrastructure and Transport (DIT)Administers the Act
PlanSA portalOnline lodgement and information
Council Assessment Panels (CAPs)Council-level DA assessment for most residential
State Commission Assessment Panel (SCAP)Major or state-significant DAs
Accredited ProfessionalPrivate certifier issuing Building Rules Consent
Council building officerCouncil certifier for Building Rules Consent
Environment, Resources and Development (ERD) CourtAppeal court for DA decisions

The PDI Act creates a distinct building consent mechanism alongside the planning consent. For any building work:

Required consentWho issues
Planning ConsentCouncil or SCAP (planning approval)
Building Rules ConsentCouncil building officer or Accredited Professional (building approval)
Land Division Consent (if subdividing)Council or SCAP

All three can be lodged together (combined application) for efficiency.

Statutory time limits

ActionTime
Council assessment of Code Assessed DA20 BD typical
Council assessment of Performance Assessed60 BD typical
Building Rules Consent decision20 BD typical
State Commission Assessment Panel decisionPer published guidance
Appeal to ERD Court1 month from decision

These are decision times. Actual elapsed time is usually longer due to information requests and submissions.

Penalties under the PDI Act

OffencePenalty
Carry out development without consentUp to $250,000 for a corporation; $50,000 for an individual
Carry out unauthorised land divisionSame
Building without Building Rules ConsentUp to $40,000
False or misleading statement to a Council Assessment PanelUp to $20,000
Carry out work in contravention of conditionsPer condition; up to $40,000 typical

Accredited Professional scheme

Under the PDI Act, Accredited Professionals are private certifiers approved to issue Building Rules Consent. The scheme allows:

  • Faster decision times than council building officers.
  • Private fee arrangements with the applicant.
  • Defined competency levels per AP class.
  • Council retains certifying option in parallel.

Accredited Professionals are accountable to the PDI Act and the State Planning Commission. Disciplinary action is possible for breach of the duty of care or the scheme’s standards.

Cross-state comparison

StateEquivalent statute
SAPlanning, Development and Infrastructure Act 2016 (this)
NSWEnvironmental Planning and Assessment Act 1979 + Building and Development Certifiers Act 2018
VICPlanning and Environment Act 1987 + Building Act 1993
QLDPlanning Act 2016 + Building Act 1975
WAPlanning and Development Act 2005 + Building Act 2011
TASLand Use Planning and Approvals Act 1993 + Building Act 2016
NTPlanning Act 1999 + Building Act 1993
ACTPlanning Act 2023 (single Act covering both)

SA’s PDI Act and ACT’s Planning Act 2023 are the only two Australian jurisdictions where planning and building functions are consolidated into a single Act. Most states have separate planning and building Acts.

Recent amendments

The PDI Act is amended periodically. Recent amendments have addressed:

  • Code amendments (twice yearly, see Planning and Design Code versioning).
  • Specific dwelling types (granny flats, dual occupancy).
  • Subdivision rules.
  • Building consent processes.
  • Compliance and enforcement powers.

Builders should check the current version of the Act and the most recent Planning and Design Code amendments before assessing a development pathway.

Builder takeaway

  • For SA residential, the PDI Act is the foundational statute. The Planning and Design Code is the operational instrument.
  • Use PlanSA as the single source for both planning and building consents.
  • Engage SA-experienced consultants for complex Performance Assessed or Restricted Development.
  • The 19 March 2021 transition is now well-established; pre-2021 knowledge has limited relevance.
  • The PDI Act + Code interaction is technical; pre-DA consultation with council planning officers is recommended.

References

See also


Last updated: 2026-05-23. Verified: 2026-05-23. Quarterly review for currency.