Submitting a DA in NSW, step-by-step
How to lodge a Development Application in NSW: pre-DA, NSW Planning Portal lodgement, neighbour notification, RFIs, determination. EP&A Act 1979 cited.
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DAs in NSW are merit-assessed by council against the LEP, DCP and SEPPs. Median assessment time is around 4 months on residential work, and jobs with RFS, Sydney Water or heritage referrals routinely push past 6 months. Pre-DA meeting ($300 to $1,500 ex-GST) is the cheapest insurance you’ll buy: it surfaces the issues that kill applications (BASIX, BAL, SoEE scope, neighbour notification, heritage). Lodgement is online via the NSW Planning Portal; council fees scale with cost of works (EP&A Regulation 2021 Schedule 4). If the job fits CDC criteria, run CDC instead, it’s roughly 20 days not 4 months. DA is for anything that needs merit assessment: variations to controls, constrained sites (heritage, bushfire BAL-FZ, flood), or neighbour-affecting work.
When you do this
A DA is required when the proposed work is local development that is not exempt and does not meet the criteria for a CDC.
| Pathway | When it fits |
|---|---|
| Exempt development | Minor work meeting the SEPP exempt rules. No application needed. |
| CDC (Complying Development Certificate) | Compliant proposals on standard lots. Faster, certified by a private or council certifier. |
| DA | Anything that needs merit assessment: variations to controls, sites with constraints (heritage, bushfire, flood), neighbour-affecting work, demolition with retention, large additions. |
| State Significant Development | Larger projects (over set thresholds), assessed by the Department, not council. Rare for residential. |
If the proposal could go either DA or CDC, the lot’s overlays usually decide. Heritage, bushfire (BAL-FZ), flood, foreshore, and acid sulfate triggers commonly knock a job out of CDC and into DA territory.
Who’s involved
| Party | Role |
|---|---|
| Owner | Signs the DA as applicant or gives written owner’s consent. |
| Builder | Often briefs the application, provides cost estimate, holds the licence for the construction stage. |
| Architect or building designer | Drafts the plans and the Statement of Environmental Effects (SoEE). |
| Council assessment officer | Allocated after lodgement, runs the assessment, drafts the conditions, makes the recommendation. |
| Private certifier (PCA) | Issues the Construction Certificate (CC) and Occupation Certificate (OC) post-DA. Not the same body as council assessment. |
| Neighbours | Notified during the exhibition period, may submit objections. |
| Referral agencies | NSW Rural Fire Service (bushfire), Sydney Water, Heritage NSW, EPA, RMS / Transport, etc. Triggered by overlays or integrated approvals. |
Steps
- Pre-lodgement (Stage 1). Talk to council before drafting. Most councils run formal pre-DA meetings ($300 to $1,500 ex-GST depending on council and scale) where the assessment officer flags the issues that will sink an application. This is where a CDC-vs-DA call gets made and where the SoEE scope gets locked.
- Pull the constraints. Order a Section 10.7 (Planning) Certificate from council ($53 plus per-extra-matter fees as set by the EP&A Regulation 2021). It lists the LEP zone, FSR, height, heritage, bushfire mapping, flood, contamination and any other overlay. Pair with a survey, BASIX certificate and any geotech or BAL assessment the constraints demand.
- Prepare the documents. Architectural drawings (site, floor, elevation, section), SoEE, BASIX certificate, cost estimate, owner’s consent, photos of the site and adjoining properties, plus any specialist reports (BAL, flood, heritage impact, arborist) the constraints require. The full document list lives in council’s DA Lodgement Guide and the EP&A Regulation 2021 approved form.
- Lodge online via the NSW Planning Portal (Stage 2). Lodgement is mandatory online at planningportal.nsw.gov.au. Register an account, complete the approved DA form, attach the documents, pay the fees (council fee per the EP&A Regulation 2021 fee schedule, plus the planning portal service fee). Council does an initial completeness check. If documents are missing, lodgement is rejected and the clock does not start.
- Council acceptance and notification. Once accepted, council allocates an assessment officer and starts the public exhibition / neighbour notification period. The minimum notification period is 14 days for advertised development, or 28 days for integrated and threatened species development. The actual period for a given job is in council’s Community Participation Plan.
- Assessment (Stage 3). Council assesses against the EP&A Act 1979 s4.15 heads of consideration: the LEP, DCP, any SEPPs, likely impacts, suitability of the site, public submissions and the public interest. Site inspection happens in this window. Referrals (RFS, Sydney Water, etc.) run in parallel; concurrence and integrated approvals have a 21 day standard timeframe (40 days where the DA is not exhibited).
- RFIs and amendments. If the officer needs more information, council issues a Request for Further Information. The assessment clock stops until the response lands. Amended drawings often trigger a second notification round.
- Determination (Stage 4). Most residential DAs are determined by council staff under delegated authority. Larger or contentious applications go to the Local Planning Panel. Outcomes: approval, approval with conditions, deferred commencement, or refusal. Conditions of consent set the obligations for the construction stage.
- Post-consent, before construction. Pay any remaining contributions (s7.11, s7.12), engage a PCA, lodge for a Construction Certificate, satisfy any pre-CC conditions of consent, lodge a Notice of Commencement, and only then start work.
Documents needed
| Document | Source | Notes |
|---|---|---|
| Architectural drawings | Architect or building designer | Site, floor, elevation, section, shadow diagrams where required. |
| Statement of Environmental Effects (SoEE) | Author or planner | Addresses the s4.15 heads of consideration. |
| BASIX Certificate | basix.nsw.gov.au | Mandatory for new dwellings, alterations and additions over $50,000. |
| Cost estimate | Builder or QS | Drives the council fee calculation. Honest figure, council can challenge low ones. |
| Owner’s consent | Owner | Required if the applicant is not the registered owner. |
| Section 10.7 Planning Certificate | Council | Pull early, attach to the application. |
| Survey and contour plan | Registered surveyor | Recent, not from a previous build cycle. |
| BAL assessment | Accredited bushfire consultant | If the lot is bushfire-prone (per RFS mapping). |
| Heritage Impact Statement | Heritage consultant | If heritage listed or in a conservation area. |
| Flood report | Hydraulic engineer | If in a flood-prone area per council mapping. |
| Arborist report | Qualified arborist | If trees within the TPZ are affected. |
| Acid sulfate soil management plan | Geotech | If the s10.7 flags it. |
Common holds
| Hold | Cause | Fix |
|---|---|---|
| RFI loop | Insufficient SoEE, unclear plans, missing specialist report. | Front-load specialist reports at lodgement. |
| Neighbour objection | Privacy, overshadowing, view loss, character concerns. | Pre-lodgement engagement. Address objections in design changes before re-notification. |
| Heritage referral | Heritage item or conservation area trigger. | Heritage Impact Statement at lodgement, not after. |
| Bushfire (RFS) referral | Lot adjoins bushfire-prone land. RFS is the consent authority for SFPP and certain subdivisions; for other DAs they provide bushfire safety advice. | BAL assessment and Bushfire Protection Measures at lodgement. |
| Sydney Water concurrence | Work over or near Sydney Water assets. | Section 73 Application. Run in parallel with the DA. |
| Integrated approvals | Permit needed under another Act listed in the EP&A Act. | Identify in pre-DA. Lodge integrated, not after-the-fact. |
| Wrong pathway | Should have been a CDC or vice versa. | Pre-DA conversation. Read the LEP and the SEPP exempt and complying rules. |
| Cost estimate challenged | Figure looks low for the work. | Use a builder’s quote or QS letter. Council fee changes drive the issue. |
References
- Environmental Planning and Assessment Act 1979 (NSW), legislation.nsw.gov.au (verified 2026-05-04). Primary statute. Sections 4.15 (heads of consideration), 4.16 (determination), 4.46 (integrated development).
- Environmental Planning and Assessment Regulation 2021 (NSW), legislation.nsw.gov.au (verified 2026-05-04). Application form requirements, fees, notification minimums, post-consent procedures.
- Your guide to the DA process, Department of Planning, Housing and Infrastructure (verified 2026-05-04). Official four-stage guide.
- NSW Planning Portal, planningportal.nsw.gov.au (verified 2026-05-04). Mandatory lodgement system.
- Community Participation Plans, planning.nsw.gov.au (verified 2026-05-04). Notification minimums per Schedule 1 of the EP&A Act.
- Development referrals guide, planning.nsw.gov.au (verified 2026-05-04). CIR (concurrence, integrated, referral) timeframes.
Related
- DA (Development Application), the term itself
- BASIX, mandatory NSW thermal and water certificate
- BAL, bushfire attack level rating
- CDC NSW, the faster alternative pathway
- Private vs council certifiers, who issues your CC and OC
- Section 10.7 certificates NSW, constraints search
- Pre-DA meetings, when to use them
- Occupation Certificates, the other end of the pipeline
See also
- DA process VIC, sibling state article
- DA process QLD, sibling state article
- LEPs (Local Environmental Plans) NSW
- DCPs (Development Control Plans)
- SEPPs NSW
- Heritage overlays
- Bushfire prone area mapping
- Flood prone area
- Easements and covenants
- Owner-builder permits, state-by-state
Last updated: 2026-05-04. Verified: 2026-05-04. Quarterly review for currency.