Conditions of consent
Conditions of consent is the schedule attached to every DA or CDC listing the applicant's obligations across pre-CC, construction, and post-OC stages.
Ask Chalkline about this →The conditions of consent are the schedule attached to every development consent (DA) or complying development certificate (CDC) determination, listing the obligations the applicant (and through them, the builder) must satisfy. In NSW the conditions are imposed under section 4.17 of the Environmental Planning and Assessment Act 1979.
Conditions are grouped by timing trigger:
| Group | When the condition must be met |
|---|---|
| General | Throughout the life of the consent |
| Prior to Construction Certificate | Before the CC can be issued |
| Prior to commencement of work | Before any site work starts |
| Construction-stage | Ongoing while building |
| Prior to Occupation Certificate | Before the OC can be issued |
| Post-occupation / use | After OC; e.g. annual fire safety statements, ongoing maintenance |
What conditions typically cover
- Cost-of-works developer contributions under s7.11 / s7.12 (NSW), payable before CC.
- Plans of management for waste, traffic, construction noise, dust suppression.
- BASIX compliance certificate lodgement prior to CC.
- Bushfire protection measures under AS 3959 for BAL-rated sites.
- Tree protection orders during works (TPZ fencing, root prune licences).
- Bat / wildlife surveys for sensitive sites.
- Easements and rights-of-carriageway to be created on title.
- Annual Fire Safety Statement post-occupation (Class 2 to 9 buildings in NSW).
Why it matters for builders
Non-compliance with a condition is a breach of consent under the EP&A Act. Council can issue a stop-work order, refuse to issue the OC, prosecute, or pursue civil enforcement.
For the builder specifically:
- Read the conditions before pricing. Hidden costs (traffic management plan, $20-50K of cost-of-works contributions, specialist surveys) often live in the conditions and are missed by builders who price off the architectural drawings alone.
- Treat conditions as a checklist. A copy on the site noticeboard, with each condition signed off as it’s discharged, is the simplest project control.
- Lodge required plans early. Several pre-CC conditions require a 30 to 60 day council assessment turnaround; surfacing late delays CC.
- Keep the as-discharged record. At OC stage council will check every pre-OC condition is satisfied; documented evidence is needed.
Also known as: development consent conditions, DA conditions, CDC conditions.
Category: Approvals / NSW / planning.
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Last updated: 2026-05-16. Verified: 2026-05-16.