Does an existing approval on the property affect a new development proposal?
Yes, it can. An existing unapproved structure may affect a new Development Application, particularly where it forms part of the area being redeveloped or affects the proposed development’s ability to meet current planning requirements. The structure’s approval status should be established early so it can be determined whether it can remain, needs separate approval or certification, needs to be altered, or is proposed to be removed.
If there is an existing structure on the block that does not have the necessary approvals, it should be identified before preparing the new development application.
For example, an unapproved extension, garage, carport or other structure may take up space needed for the new development or affect requirements such as setbacks, site coverage, private open space, planting or parking.
It does not necessarily mean a new DA cannot proceed, but the unapproved structure may need to be dealt with separately or incorporated into the overall development strategy.
Reference: Building Act 2004 (ACT), current version — including s 69(2B); Certificate of completion of unsubstantiated building work - 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 | #472 | agrees | 27/08/2026 |