Can I Apply for Approval Before I Buy a Property?

One of the most common questions we hear in town planning across NSW is whether a buyer can apply for council approval before they actually own the land.

The short answer is yes, provided you have the current landowner’s written consent.

As a town planning company based in NSW, we regularly assist clients who want to lodge a development application prior to settlement.

In many cases, this is tied to a purchase agreement that’s conditional on receiving DA approval.

In other cases, the buyer is simply keen to avoid delays and wants to kick off the planning process as early as possible.

Under NSW planning law, every development application must include the landowner’s consent.

This means if you don’t yet own the land, you’ll need the existing owner to sign off on your application.

For buyers who negotiate a “subject to DA approval” clause in their contract, this step is usually straightforward.

We’ve helped clients lodge DAs during cooling-off periods or while longer settlements are underway, allowing the approval process to move forward without delay.

Before you get to that point, it's smart to seek early planning advice.

We often provide preliminary reviews that look at zoning under the Local Environmental Plan (LEP), constraints under the Development Control Plan (DCP) and relevant building regulations in NSW.

Our role as planning consultants is to give buyers a realistic understanding of what’s allowed, what’s likely to get council approval, and what may present challenges.

Some sites look ideal at first glance but come with complications like heritage listing, flood overlays or difficult access requirements.

In one recent case, a client considering a residential knockdown rebuild discovered the property required a Clause 4.6 variation request due to a height limit conflict.

Our early involvement meant they could renegotiate the sale contract based on that planning risk.

If you’re considering a dual occupancy or subdivision, you’ll need to pay close attention to minimum lot sizes, setbacks and infrastructure servicing.

Our planning advice for dual occupancy in NSW often includes assessing whether the proposal meets the DCP requirements and whether a statement of environmental effects is needed as part of the NSW DA process.

We also guide clients through development application pathways and coordinate council submissions for secondary dwellings and other complex uses.

On commercial sites, such as a property suited for a massage clinic or retail use, we often act as the town planner for commercial change of use applications.

Understanding the zoning, and whether your intended use is permitted with consent, is essential before making an offer.

As a NSW town planning company experienced in subdivision approval and residential development, we know how to assess a site’s potential long before contracts are exchanged.

With the right advice up front, you can buy with confidence and move through the DA approval process with fewer surprises.