Do I Need a DA for a Fit-Out If I'm Not Changing the Use?

If you're planning a commercial fit-out in NSW and not changing the use of the space, you might assume you can skip the paperwork.

But the reality under NSW planning laws is a bit more nuanced.

At Town Planning Sydney, we regularly help business owners navigate fit-outs and understand when a development application (DA) is required.

Here's what you need to know.

1. What counts as a "fit-out"?

A fit-out refers to internal alterations to an existing building to suit the needs of a new or existing tenant.

This could include installing partition walls, updating flooring, adjusting lighting or redesigning the layout to match business operations.

Fit-outs are common for offices, retail stores, cafes, gyms and medical centres across NSW.

But even simple changes may need council approval depending on what’s involved.

2. If the use isn’t changing, do I still need council approval?

The short answer: sometimes.

NSW planning rules state that if you’re not changing the approved land use, for example, keeping an existing cafe as a cafe, you might not need a DA.

However, certain conditions still trigger the need for a development application.

This is where seeking planning advice early on is essential.

A planning consultant can assess your proposal and confirm whether DA approval is required under your local council’s development control plan (DCP).

3. When DA approval is usually not required

Fit-outs that involve minor, non-structural changes, such as painting, flooring or changing joinery, often fall under exempt development.

These don’t require council approval if they comply with NSW planning codes.

For example, a retail shop replacing shelving and flooring, without any structural changes or signage updates, may not need a DA.

However, you must still meet all conditions set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

4. When you will need a DA

DA approval is typically needed when the fit-out includes:

• Structural modifications

• Changes to fire safety systems

• New signage (especially externally visible)

• Significant plumbing or mechanical work

• Extended trading hours

• Internal changes affecting accessibility or compliance with the Building Code of Australia

  
  

Let’s say you're converting a basic office space into a dental surgery.

Even if the zoning allows for a health service, the addition of plumbing, internal walls and medical equipment could trigger the need for a development application.

Our team at Town Planning Sydney can help you assess your project and streamline the DA approval process.

5. Why zoning still matters even if the use stays the same

Just because your proposed use fits within the existing approval doesn’t mean zoning is irrelevant.

Some councils have stricter controls over what changes can be made within certain land use zones.

Even a permitted use can face restrictions if it sits within a heritage conservation area or near residential zones.

In those cases, you may still need a DA to address impacts like noise, parking or waste management.

Good planning advice can save time and money by identifying zoning risks upfront.

6. Don’t assume your lease is enough

Many tenants assume that once they’ve signed a commercial lease, they can go ahead with renovations.

But your lease agreement has no bearing on council approval.

You may still need a DA, and your landlord may need to be part of the application process.

At Town Planning Sydney, we often work with both tenants and landlords to ensure compliance from the start.

Our drafting team also supports design and documentation to speed up approvals.

7. Get expert help early

The best way to avoid delays is to speak with a qualified planning consultant before you start your fit-out.

Town Planning Sydney combines architectural drafting and town planning expertise under one roof.

We offer planning advice tailored to your site, your business and your council’s requirements.

Whether you need a DA or not, our team can help you move from concept to council approval with confidence.