Can an approved dual occupancy design be changed later?
Changes may be approved by the building certifier if the resulting building is not significantly different from the original approved plans and the other requirements are met. If the changes are no longer covered by the existing DA, a DA amendment may also be required.
Under s 31 of the Building Act 2004, an owner may apply to the certifier for approval of amended building plans after Building Approval has been issued.
Under s 32, the certifier may approve the amended plans only where the statutory requirements are satisfied, including that the building resulting from the amended plans would not be significantly different from the building shown in the original approved plans.
Where the proposed change also means that the development is no longer covered by its existing Development Approval, an amendment to the DA may be required under the Planning Act 2023.
Reference Building Act 2004 (ACT204-11) – ss 31–32 - https://www.legislation.act.gov.au/View/a/2004-11/current/html/2004-11.html
Link on the answer: https://www.legislation.act.gov.au/View/a/2004-11/current/html/2004-11.html
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| Dual Occupancy Q&A | #395 | agrees | 14/08/2026 |