EP&A Regulation 2021 (NSW): the operational planning rules
The EP&A Regulation 2021 is the NSW operational regulation under the EP&A Act 1979: DA lodgement, fees, and notification rules. It replaced the 2000 Regulation in 2022.
Ask Chalkline about this →The Environmental Planning and Assessment Regulation 2021 is the NSW subordinate regulation that sets the operational rules for the planning system under the EP&A Act 1979. Where the Act is the framework, the Regulation is the machinery: how a DA is lodged, what fees apply, how the public is notified, and the post-consent procedures. It commenced on 1 March 2022, replacing the EP&A Regulation 2000 (verified 2026-05-25).
What it governs
The EP&A Regulation 2021 carries the practical detail behind a NSW approval, including:
- DA lodgement procedures (in practice, through the NSW Planning Portal).
- Fees: application fees scale with the cost of works under the Regulation’s fee schedule, and it sets the fees for Section 10.7 planning certificates.
- Public notification minimums for development applications.
- Post-consent procedures and other assessment-side mechanics.
It is the instrument a NSW DA actually runs on, even though the day-to-day reference is the Planning Portal.
The split you must not miss
This is where the Regulation gets misread. In the 2021 restructure, NSW split the old single 2000 Regulation into two separate 2021 regulations:
- Environmental Planning and Assessment Regulation 2021: the planning and assessment side, this article (DAs, fees, notification, planning certificates).
- Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021: a separate regulation holding the building certification, subdivision certification, fire safety, and critical stage inspection provisions.
So critical stage inspections, CC/CDC/OC certification, and fire safety sit in the Development Certification and Fire Safety Regulation, not in this one. A common error (and one worth catching in your own references) is citing “the EP&A Regulation 2021” for a critical stage inspection requirement, which actually lives in the certification regulation. The detail of those inspections is in the critical stage inspection process.
Both regulations commenced on 1 March 2022 and replaced the single EP&A Regulation 2000.
Why it matters to a builder
You rarely read the Regulation directly, but you feel it constantly: it is the legal basis for the DA fee you pay, the Section 10.7 certificate you order to pull a site’s constraints, and the notification period that can add weeks to an approval. When a fee or a procedural step is queried, “under the EP&A Regulation 2021” is the citation.
For a builder
- Act vs Regulation: the EP&A Act 1979 is the law; the EP&A Regulation 2021 is the operational detail under it. Different instruments, often cited together.
- Know which 2021 regulation you mean. Planning and fees: this one. Certification, inspections, fire safety: the Development Certification and Fire Safety Regulation 2021.
- Fees and 10.7 certs trace back here. When a council fee or a planning-certificate cost looks arbitrary, it is set by this Regulation’s schedule.
- Defer the detail. For the live procedure, work from the NSW Planning Portal and the DA process; the Regulation is the legal backing, not the day-to-day checklist.
Also known as: EP&A Regulation 2021, Environmental Planning and Assessment Regulation 2021, EP&A Reg 2021.
Related
See also
Last updated: 2026-05-25. Verified: 2026-05-25. Quarterly review for currency.