• Check if your lease variation is exempt.
  • Find out if you're eligible and what you need to apply.
  • Understand what the Territory Planning Authority considers when making a decision. 
  • Benefit from an accelerated assessment process, with decisions typically made within 10 working days.

What is a lease variation exemption declaration?

A lease variation exemption declaration is a type of planning approval.

It allows eligible nominal rent leaseholders to apply for certain lease variations without the need for a development application (DA).

The Territory Planning Authority will assess whether the proposed lease variation meets the requirements of the Planning Act 2023. If approved, the lease variation will be declared exempt development.

This provides a simpler and faster assessment pathway for eligible lease variations.

Who can apply?

You can apply if you are the registered lessee of the land.

If you're applying on behalf of the lessee, you'll need to provide written consent from the registered lessee.

If your application relates to an easement, you'll also need written consent from the easement beneficiary.

What can be applied for?

You can apply for a declaration for the following types of lease variations:

  • increasing or decreasing the maximum number of dwellings permitted under a lease
  • stating a maximum number of dwellings where one is not currently specified
  • allowing a secondary residence
  • varying an easement provision in a lease
  • other lease variations prescribed by regulation*

* Additional types of lease variations may be outlined in the regulation and assessed through this process.

Before you apply

Review your Crown lease and any related development approvals before applying. You can access your Crown lease through the ACT Land Information System.

If your proposal is inconsistent with your lease or any essential design elements identified in a development approval, it may not qualify for an exemption declaration.

What you'll need to apply

The Lease Variation Exempt Development Application form will guide you through the information and supporting documents required for assessment.

Applications should include:

  • a completed application form
  • details of your lease and property
  • a description of the lease variation you want to make
  • any relevant plans or supporting documents
  • information showing how the proposal is consistent with planning requirements
  • details of any related development approvals
  • easement information and consent (if applicable)
  • any other information needed to support your application.

What happens after you apply?

Once your application is lodged, the Territory Planning Authority will:

  • review your application and supporting information
  • assess whether the lease variation meets the requirements for exempt development
  • determine whether the lease variation can be declared exempt development
  • issue a written decision.

For complete applications, decisions are typically made within 10 working days.

If approved, the exemption declaration remains valid for 3 years from the date of the decision.

Assessment and processing

The Territory Planning Authority will assess whether the proposed lease variation meets the requirements for exempt development under the Planning Act 2023. Leases are only able to be varied through this process if the change:

  • Is not inconsistent with other provisions in the lease
  • Is suitable in the context of the site and area, this includes considered possible permissible uses
  • Would be inconsistent with an essential design element.

Applications are assessed based on the information provided by the applicant. Additional information may be requested where needed.

Timeframes

Applications are typically decided within 10 working days of a complete application being received.

Where additional information is required, assessment timeframes may be extended.

Fees

There is a flat fee to apply for exemption declarations, charged on application. Find out about fees and charges.

Appealing a decision

Exemption declaration decisions are final. If approved, you can proceed with the steps required to formalise the lease variation. An approved exemption declaration remains valid for 3 years from the date of the decision. Further time may be allowed if approved in writing by the Territory Planning Authority.

Under the legislation, you won’t be able to review or appeal the decision to the ACT Civil and Administrative Tribunal (ACAT). If you want to challenge a decision, you will need to seek independent legal advice.

If your application for exemption declaration is refused, you’ll need to either: