Give owners consent to lodging a development application

What you need to do 

Make sure everyone has signed

1. When you make your application through the NSW Planning Portal you must provide a completed form verifying that you have consent from all the registered owners.
2. It is your responsibility to ensure that all owners have consented to the lodging of the application. An application without the correct owner’s’ consent won't be accepted.

Filling in the form

1. Download and ensure that all fields are filled out correctly. 
2. Save a digital copy of the form to submit with the other required documents to lodge your application. 
3. Name the file: Owner's Consent - Property Address (Eg Owner's Consent - 123 Smith St Surry Hills)

If you’re an individual owner

1. All owners must sign the form 
2. If the owner is unable to do this, a signed letter from the owner must be provided, giving consent to a named person or firm to lodge a development application. The letter should be dated in the last 12 months.

If you’re a company owner

The owner’s consent must be signed by:

• Sole director: The sole director of the company
• More than 1 director: 2 company directors or 1 company director and secretary

The applicant must provide the ABN or ACN numbers, the names and positions of those signing the consent,  and any other required supporting documentation.

If you’re signing on behalf on an owner

1. If you’re signing on the owners’ behalf as their representative, you must state the nature of your legal authority and attach a full copy of documentary evidence.  
2. Types of evidence that may be accepted are a power of attorney, trust deed, probate, letters of administration, delegation schedule, a letter with the organisation's letterhead confirming your authority.

Before you start 

New owners

If the property has recently been sold, documentary evidence of the sale must be provided in the form of either

• a copy of the certificate of title
• previous owner's consent to the application.

Joint wall or fence

If the property includes a semi-detached dwelling or terrace and boundary fence, consent of adjoining property owners is required.

Strata title properties

For works that affect the common property, the owners’ corporation consent is required. Changes to common property can be made if the owners’ corporation has passed a special resolution authorising the works.

The applicant should seek a copy of the minutes/resolution of a general meeting authorising the change to common property or letter on strata management letterhead stating that the requirements of the Strata Schemes Management Act 2015 have been met.

A unit under strata title

If the property is a unit under strata title, additional consent is required if any works or proposed use affect the common property:

• The common seal of the owners’ corporation must be stamped on the owner’s consent form and witnessed by 2 members of the executive committee (where there is a determination by the owner's corporation), the secretary of the owner's corporation and another member of the executive committee, or the appointed strata managing agent
• A letter on strata management letterhead stating that the requirements of the Strata Schemes Management Act 2015 have been met
• Copy of resolution or minutes showing that the special resolution has been passed at a general meeting or the owner's corporation that authorises the change to common property.