Complying with your development approval

This webpage provides essential information on additional requirements that apply to most developments once a development application has been approved.

Requirements Before Construction

Connection to the Gas Network

Under the Climate Change and Greenhouse Gas Reduction Regulation 2010, this development will generally not be able to connect to the gas network unless an exemption is granted. An exemption must be approved before you apply for Building Approval.

For details about the Regulation and how to apply for an exemption, visit the Everyday Climate Choices website.

Building Approval

Most building work requires approval under the Building Act 2004 to ensure it meets building laws such as the Building Code of Australia. The lessee should engage a private building certifier to confirm whether approval is needed and to assess and approve plans before construction begins. A list of certifiers is available on the Planning website.

Use of verges or other unleased Territory Land

Under the Public Unleased Land Act 2013, road verges and other unleased Territory land cannot be used for works without prior approval. If needed, you can apply for a licence or permit through Licensing and Compliance. For more information, visit City Services website.

Works on unleased Territory land may include building or upgrading driveway crossings, footpaths, roads, street lighting, stormwater systems, waste collection points, street signs and line marking, road furniture, and landscaping.

Before works begin on unleased Territory land, you must notify ACT Government of any existing damage to public assets and verges by submitting a Dilapidation Report with any land management and protection plan as part of the Building Approval application. For more information, visit City Services website.

Approval for the Landscape Management and Protection Plan (LMPP) must be obtained from the Building Application (BA) Team in the City and Environment Directorate (CED). During construction, all existing vegetation—such as trees, shrubs, and grass—within the verge and on unleased Territory land next to the development must be managed, protected, and maintained according to the approved LMPP.

This plan must be in place before any works begin, including demolition, and must comply with ACT Government standards “REF 04 – Requirements for the Protection of Public Landscape Assets Adjacent to Development Works.”

A second Dilapidation Report must be submitted after all works are completed to confirm that public assets and verges have been maintained, repaired, or reinstated to their original condition. This report must be emailed to CED.DCDevelopmentCoordination@act.gov.au.

The applicant or lessee is responsible for repairing any damage to ACT Government assets or verges caused during construction. If Dilapidation Reports are not provided, any repairs will be carried out at the applicant’s or lessee’s expense.

Existing Units Plan – (Design and siting approval)

Approval where physical works are wholly contained within a unit boundary:

1. The Owners Corporation
   • If the development is within a units plan, you are required to seek the approval of the owners’ corporation prior to the commencement of any building work.
2. Unit entitlements of units plan
   • Should this development have any effect on the unit entitlements of the Units Plan, it is the responsibility of the owners’ corporation to ensure that the Schedule of Unit Entitlements is revised. An application to vary the unit entitlement must be lodged City and Environment Directorate (CED) for approval and then lodged with the Access Canberra Land Titles against the Units Plan for it to take effect.

Requirements During Construction

Environment Protection

All works shall be carried out in accordance with Environment Protection Guidelines for Construction and Land Development in the ACT, August 2022.

Depending on the size of the site there are different requirements as specified in the Environment Protection Act 1997.

Please also refer to the Environment Protection Guidelines for Construction and Land Development in the ACT.

Waste management

All building waste is to be stored on the site in suitable receptacles/containers and collected regularly. The lessee must take all reasonable steps to ensure waste, particularly wind-borne litter, does not affect adjoining or adjacent properties.

Contamination

All spoil identified at the site must be managed in accordance with EPA Guidelines for Spoil Management in the ACT available at Environment Protection Policies & Guidelines.

All soil subject to disposal from the site must be assessed in accordance with EPA Information Sheet 4 - Requirements for the reuse and disposal of contaminated soil in the ACT available at Contaminated Sites.

No soil is to be disposed from the site without EPA approval.

Sediment and Pollution Control

Works must be carried out in accordance with the Builders’ booklet “Preventing Pollution from Residential Building Sites 2023 [PDF 3.2 MB]” available at Environment Protection Policies & Guidelines or by calling 132 281.

All sediment and erosion control measures must be in place prior to works commencing and must be maintained until development completion.

Noise

Noise from equipment – whether permanently or used temporarily during development- such as air conditioning units, heat pumps, pool pumps, etc. must comply with noise zone standards at the site boundary at all times as per the Environment Protection Regulation 2005.

Please consider the type and location of noise generating equipment prior to installation.

Written assurance should be sought from the supplier/installer of the equipment confirming it complies with the Noise Zone Standard as per the Environment Protection Regulation 2005.

Odour / Air Quality

Exhaust outlets must be designed to effectively remove contaminants and minimise environmental impact. Outlets should discharge vertically at a speed of at least 5 m/s, be positioned at least 3 metres above the roof, and maintain a minimum 6-metre separation from air intakes, natural ventilation openings, and neighbouring property boundaries—especially for systems with higher airflow rates.

The base building design must include a ventilation system that allows commercial units to vent through a vertical riser discharging at the roof level.

Odour from waste collection areas must not cause a nuisance. The building design should include odour management measures for the waste system.

Sightline

The mature height of plants and any structures within a right triangle formed on each side of the driveway, with dimensions of 2m along the front boundary and 2.5m from the front boundary along the edge of the driveway, shall not exceed 700mm (to comply with AS 2890.1).

Services

Any service connections including, point of entry, meter boxes and gas meters, are to be located clear of areas approved for car parking space(s) to ensure these services do not reduce the minimum area of the parking spaces and/or restrict vehicular access.

Advice

Secondary Residence

Approval for construction of a secondary residence: In accordance with the Territory Plan 2023 , a leased block containing a primary dwelling and a secondary residence cannot be subdivided under the Planning Act 2023 or the Unit Titles Act 2001 .

Where works are approved on or over unleased land - transfer of title

The lessee must not transfer or assign its interest in the premises unless and until the proposed transferee or assignee has applied to the Territory Planning Authority for a licence the pursuant to section 378 of the Planning Act 2023, under the same terms and conditions as the licence granted in accordance with this approval.

Variation of a lease where block boundaries are not proposed to change

1. Unimproved Land Value for rating purposes
   • If you are seeking a lease variation, the unimproved value of the property for rates purposes is likely to change. If rates have already been assessed, they will be updated to reflect the new unimproved value from the date of the lease variation.
2. Lease Variation Charge
   • Before the lease variation documents can be registered, the lessee must pay any Lease Variation Charge assessed under the Planning Act 2023. Once notified of the charge, payment should be made at least six months before this approval expires. This allows enough time for the documents to be registered with Access Canberra Land Titles before the approval period ends.
3. Minimum term of lease for subdivision under the Unit Titles Act 2001
   • If the lessee intends to subdivide the premises under the Unit Titles Act 2001, the Crown lease must have at least 50 years remaining (see Section 17 of the Act). To extend the lease term, an application for a further Crown lease can be made to the City and Environment Directorate (CED). Complete the application form.
4. Subdivision under the Unit Titles Act 2001
   • Application for approval of subdivision under the Unit Titles Act 2001 cannot be made through the Planning Act 2023 development approval process.  If the lessee intends to apply to subdivide the premises under the Unit Titles Act 2001 a separate application to the City and Environment Directorate (CED) is required under the Unit Titles Act 2001. For further information go to Unit titles page, or email cedleasingup@act.gov.au.
5. Additional note where block boundaries are proposed to change
   • The new block number will not be provided until the Lease Variation Charge is paid. The new survey plan must be cleared by the Surveyor-General prior to the execution of the Crown lease.

Contact information