Questions & Answers

What is a condition precedent?

A condition precedent is something you must complete before your DA approval can actually take effect.

For example, ACT Planning may approve a development subject to revised plans being submitted and endorsed. If this is imposed as a condition precedent, the approval does not take effect until that requirement has been completed.

This is different from an ordinary DA condition that may need to be satisfied before construction, during construction or after the development is completed.

Reference: ACT Planning. Factsheet: Conditional Approvals – https://www.planning.act.gov.au/__data/assets/pdf_file/0019/2323009/conditional-approvals.pdf

Last reviewed: 9 September 2026 Information current as at: 11 September 2026

Short Answer

A condition precedent is a condition of a Development Approval that must be satisfied before the approval takes effect. Until the condition precedent is satisfied, the development approval does not commence or become operative.

Detailed Explanation

ACT Planning's Conditional Approvals guidance specifically identifies conditions precedent as conditions that must be satisfied before the development approval takes effect.

This means there is an important distinction between:

  • Condition precedent – must be satisfied before the DA takes effect.

  • Pre-construction condition – must be satisfied before construction or a specified stage of work begins.

  • Other conditions – may operate during construction or require actions at later stages of the development.

A condition precedent may, for example, require amended plans, drawings or other information to be submitted to and endorsed by the Territory Planning Authority before the approval becomes effective.

Therefore, receiving a Notice of Decision containing a condition precedent does not mean the development approval is immediately operative. The condition precedent must first be satisfied in accordance with the Notice of Decision.

Key Point

No minimum block size does not remove the need for planning assessment.

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