When it comes to development planning in New South Wales, Owner’s consent becomes the most vital legal prerequisite for any project to obtain valid owner’s consent.
Whether you are moving forward with a standard Development Application (DA), a Complying Development Certificate (CDC) or high-tier State Significant Development (SSD), the law is very clear in NSW: you cannot submit an application without the formal agreement of the landowner.
While this may sound like a basic administrative step, documentation errors regarding owner’s consent are a leading cause of projects being stalled or flagged as “not properly made”.
Identifying these requirements early is the best way to prevent unnecessary expenses and timeline blowouts.
Why Owner’s Consent Is Required
Written authorisation from the registered landholder is mandatory if the applicant is someone other than the owner. – Under the Environmental Planning and Assessment Regulation 2021.
This ensures the person who actually owns the land is fully aware of and agrees to the proposal being sent to the consent authority.
If you lack a valid signature, your application has no legal standing. Practically, this leads to three major roadblocks:
- The Planning Portal may reject the submission immediately.
- The application could be returned later as “not properly made”.
- The entire assessment process will be frozen while you fix the paperwork.
Common Owner’s Consent Issues That Delay Applications
Owner’s consent errors in this area happen more frequently than many developers realise. Frequent issues that trigger a resubmission include:
- Corporate-owned land lacking proof of authorized signatories.
- Strata or community title properties missing the required body corporate approvals.
- Using outdated title searches that don’t reflect current ownership.
- Typos or incorrect names entered into the NSW Planning Portal.
- Failing to get signatures from every single registered landowner on a multi-owner title.
These issues can delay the assessment process and may require resubmission of the application.
What Owner’s Consent Must Align With
To be valid, the consent must be a perfect match for the property’s legal ownership records. This requires a thorough cross-check against:
- The most recent Certificate of Title.
- The specific legal ownership structure (individual vs. company).
- Existing management statements, leases, or covenants.
- The specific lodgement rules of the consent authority.
- The records held within the Council’s internal systems.
If there is a mismatch between Council records and the title, you must provide proof of the ownership change.
Remember, if the title lists multiple owners, every single one must provide written consent.
Owner’s Consent Requirements for Company-Owned Land
When land is held under a company name, the Corporations Act 2001 (Section 127) dictates how the DA must be signed. Generally, consent requires the signatures of:
- Two company directors.
- OR one director and one company secretary.
- If the company has a sole director, a single signature is typically permitted.
Crucially, you must provide a current ASIC company extract to prove these roles. This document should be dated no earlier than the day before your lodgement.
Owner’s Consent for Strata Title Properties
If your project touches common property in a strata scheme, you must secure consent from the Owners Corporation.
This must align with Section 273 of the Strata Schemes Management Act 2015, usually requiring the corporate seal and authorized signatures.
You will also need to provide proof that a special resolution was passed or a confirmation from the strata manager that all legal requirements have been met.
Signing a Development Application on Behalf of an Owner
If someone is signing on behalf of the owner, you must provide a full copy of their legal authority. This can include:
- Power of Attorney.
- Trust Deeds or Probate documents.
- Letters of Administration or delegation schedules.
- Specific written authority from a company owner.
Why Early Verification of Owner’s Consent Matters
If a property has recently been sold, the new owner must provide documentation confirming they are the registered owner of the land.
This typically involves providing a current Certificate of Title showing the updated ownership details.
Applications lodged before ownership is formally registered may experience complications during assessment.
How Meliora Projects Adds Value
Because the owner’s consent is the legal bedrock of your DA, we verify it at the very start of the planning phase.
At Meliora Projects, our pre-lodgement process includes a full ownership audit to ensure your application is “bulletproof” before it reaches the Council.
Our services include:
- Development Applications (DA)
- Rezoning and Planning Proposals
- Preliminary Planning Investigations
- Development Strategy Planning
- Social Impact Assessments
- Community and stakeholder engagement
Quick FAQs about Owner’s Consent for DAs
Can I lodge without consent?
No, it is a legal impossibility for a properly lodged DA.
Do all owners have to sign?
Yes, every registered name on the title is required.
What about company land?
You need an ASIC extract and signatures that comply with the Corporations Act.
What is the first step?
Get a fresh Certificate of Title and ensure it matches the Planning Portal data.
