Can site works or excavation start before Building Approval?
Generally, no, if the site works or excavation form part of building work requiring Building Approval. ACT Planning states that building work can start once the commencement notice has been received.
For a dual-occupancy project, excavation for foundations, footings or other construction forming part of the approved building work should therefore not start before the required BA and commencement notice are in place.
However, not every activity carried out on a site is necessarily “building work.” Whether preliminary works can occur earlier depends on what the work involves, whether it requires a separate approval, and any conditions of the Development Approval that must be satisfied before construction starts. ACT Planning specifically says DA conditions may impose requirements that must be met before any construction or building work can start.
Reference: ACT: Building Approvals – https://www.planning.act.gov.au/applications-and-assessments/building-approvals
Short Answer
Generally, no. Excavation or site works that form part of the approved building work should not start until the required Building Approval and commencement notice are in place. Separate preliminary works may be subject to different approvals or DA conditions.
Detailed Explanation
Where excavation or site works constitute part of building work requiring Building Approval, the applicable BA and building commencement notice must be in place before that building work commences. The Building Act 2004 provides for commencement notices in relation to approved building work, and the current approved Building Commencement Notice (AF2025-23) remains in force.
Whether preliminary earthworks or other site preparation undertaken independently of the building work can commence earlier must be determined according to the nature of those works and any separate statutory approvals or DA conditions applying to them.
Reference: Building Act 2004; Building Commencement Notice AF2025-23; applicable Development Approval conditions.
No minimum block size does not remove the need for planning assessment.
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