Understanding Council Approval for Renovations, Rebuilds & New Homes in ACT

In the Australian Capital Territory, development and construction are regulated under ACT planning legislation and assessed against the National Construction Code (NCC).
Depending on the nature of your project, you may require:

• Development Approval (DA)
• Building Approval (BA)
• Or both approvals in sequence

These approvals assess different aspects of your project. One is from a planning perspective, and the other is from a technical and structural compliance perspective.

Development Approval assesses whether a proposed design complies with ACT planning controls.
This includes considerations such as:

• Zoning requirements
• Boundary setbacks
• Building height
• Plot ratio and block coverage
• Streetscape character
• Overshadowing and privacy impacts

• Your design does not meet “deemed-to-comply” provisions.
• You are increasing the building height or floor area.
• You are constructing a new dwelling.
• You are undertaking a knockdown rebuild.
• The proposal may affect neighbouring properties.

If Development Approval is required, then an architect typically prepares and lodges the Development Application, including:

• Site plan
• Floor plans
• Building elevations
• Shadow diagrams (overshadowing analysis)
• Planning report
• Block survey
• Landscape plan (if required)
• Compliance assessment against ACT planning codes

These documents are usually prepared by an architect or planning consultant before the application is lodged.

While we do not have an in-house architect, we work closely with a number of architects and can offer a structured design & build service. This enables coordination between design preparation and construction planning while ensuring the appropriate approval pathway is followed.

If required, Development Approval must be granted before Building Approval can proceed.

Building Approval focuses on technical construction compliance rather than planning merit.

It ensures the project complies with:

• Structural integrity requirements
• Fire safety standards
• Accessibility provisions
• Energy efficiency regulations
• The National Construction Code

• Structural renovations
• Extensions
• Knockdown rebuilds
• New home construction

If Building Approval is required, a licensed building certifier typically reviews and assesses the documentation to ensure the proposed construction complies with the Building Code of Australia and relevant regulations. The documents generally include:

• Approved Development Approval (DA) plans, if applicable
• Detailed construction drawings (architectural plans)
• Structural engineering drawings and computations
• Energy efficiency assessment (e.g., NatHERS or Section J report)
• Specifications and materials schedule
• Soil test report and footing design
• Stormwater and drainage plans (if required)
• Bushfire assessment (if applicable)
• Any supporting compliance documentation required under ACT building regulations

If Development Approval was required, then the approved DA documentation forms part of the Building Approval submission.

Navigating ACT planning requirements for Building Approval can be detailed, particularly where both planning and technical compliance documentation must align. We assist in coordinating documentation, liaising with certifiers and sequencing required approvals in accordance with ACT procedures.

ACT Approval requirements for Renovations, Knockdown Rebuilds and New Homes

Renovations & Extensions

Not all renovations require Development Approval. Minor internal works that do not alter the structure or external appearance may only require Building Approval.

However, you may require both development approval and building approval if your renovation involves:

• Structural wall removal
• Extending beyond the existing footprint
• Adding a second storey
• Significant alterations to external openings

The determining factor is whether the proposed design complies with applicable planning controls.

For homeowners weighing up whether to renovate or start fresh, a knockdown rebuild approach can offer greater flexibility while still requiring full planning approval.

 Knockdown Rebuilds

A knockdown rebuild is generally assessed as a new development under current ACT legislation.

This typically involves:

1. Development Approval
2. Building Approval

Assessment considerations may include:

• Boundary setbacks
• Building height
• Overshadowing
• Streetscape compatibility
• Site-specific planning controls

Because the existing structure is removed, compliance is assessed under current regulations rather than historical approvals.

New Home Construction

Building a new home in the ACT generally follows a staged process:

• Development Approval (unless exempt under specific provisions)
• Building Approval
• Issuing of a commencement notice
• Mandatory inspections throughout construction

Each stage must be properly completed before building work can lawfully proceed.

Understanding the sequence of approvals is critical. In the ACT, approvals follow a structured pathway, and construction cannot lawfully commence until the relevant stages are completed. While the exact process can vary depending on project complexity, the general procedure is as follows:

Step 1: Determine If Development Approval Is Required

The first stage is assessing whether the proposal meets ACT planning controls or requires a DA.

If required, the architect lodges the Development Application with supporting documentation. Assessment timeframes vary depending on complexity and whether public notification applies.

Building Approval cannot proceed until Development Approval is granted (where applicable).

Step 2: Apply for Building Approval

Once Development Approval is secured, or if DA was not required, the next stage is applying for Building Approval.

This involves:

• Appointing a licensed building certifier
• Submitting final construction documentation
• Confirming structural and energy compliance
• Demonstrating NCC compliance

Only once Building Approval is issued can a commencement notice be obtained.

Step 3: Commencement Notice

Before construction begins, a formal commencement notice must be issued confirming:

• Building Approval is in place.
• A licensed builder is appointed.
• The project is authorised to commence.

Work cannot legally begin prior to this step.

Step 4: Mandatory Inspections

Throughout construction, inspections occur at prescribed stages, which may include:

• Footings and slab
• Structural framing
• Waterproofing
• Final completion

Upon satisfactory completion, a Certificate of Occupancy or Use (where applicable) confirms the building can be lawfully occupied.

Applications may be refused, delayed, or returned for further information if:

• The design does not comply with planning controls.
• Documentation is incomplete
• Privacy or overshadowing concerns are unresolved.
• Engineering details are insufficient
• Community consultation identifies planning issues.

In many cases, requests for additional information are issued before a final determination.

Early assessment of compliance requirements and coordinated documentation can help reduce delays, redesign costs and procedural complications.

Who Do You Engage First?

A common point of confusion is understanding who to appoint at each stage.

• Architect – prepares and lodges Development Approval (if required)
• Building Certifier – assesses and issues Building Approval.
• Builder – constructs the project in accordance with approved documentation.

While approval decisions rest with ACT authorities, coordinating these roles effectively is critical to procedural compliance.

We work alongside architects, certifiers and consultants to help manage sequencing, documentation and communication throughout the process.

Compliance with ACT legislation requires structured coordination between design professionals, certifiers and regulatory authorities.

If Development Approval is required, an architect prepares and submits the application. We collaborate closely with experienced architects and offer a coordinated Design & Build service to ensure the appropriate approval pathway is followed from the outset.

Once Development Approval (where applicable) is secured, we assist in managing the Building Approval process, including documentation preparation and coordination with licensed certifiers.

Approval outcomes remain the responsibility of ACT authorities. Our role is to ensure applications, permits and procedural steps are properly coordinated in accordance with legislative requirements.

Early planning, coordinated documentation and clear sequencing can significantly reduce approval delays and compliance risks, allowing your renovation, rebuild or new home to proceed with greater clarity and confidence.