Does changing windows require an amendment to the DA?
Minor changes to approved windows can sometimes be made without amending the DA.
ACT Planning explains that an approved DA generally does not need amendment where the proposed change would not need DA approval if it were made after the development was completed, subject to specified exceptions.
The Planning (Exempt Development) Regulation 2023 provides exemptions for certain changes to external doors and windows. Depending on the circumstances, this can include replacing a window, reducing its size, or increasing its width or height within specified limits. The exemption also includes requirements relating to the window’s height above ground and its distance from side and rear boundaries.
Reference: Planning (Exempt Development) Regulation 2023 (SL2023-21),Schedule 1, Division 1.4.1 – Installation, alteration and removal of external doors and windows
Short Answer
Not always. Changing windows after DA approval may not require an amendment to the DA if the window change would itself be DA-exempt if carried out after the development was completed. However, if the change does not meet the exemption criteria, or otherwise changes the development beyond what is covered by the existing approval, a DA amendment may be required.
Detailed Explanation
ACT Planning's Amend or appeal an application ? DAs that don't need amendments states that some changes to an approved development do not require an amendment application. This includes a change that would not require DA approval if it were made after the development was completed, subject to the exceptions identified on that page.
For windows, the relevant provisions are in the Planning (Exempt Development) Regulation 2023, Schedule 1, Part 1.4, Division 1.4.1. In particular, s 1.21 – Installation, alteration and removal of low impact external doors and windows in buildings establishes criteria under which window changes can constitute exempt development. These include specified limits on alterations to an existing opening and minimum clearances from side and rear boundaries.
The Regulation also separately addresses high-impact external doors and windows, so whether a particular window change is exempt depends on its location, height above datum ground level and the extent of the proposed alteration.
Accordingly, changing a window does not automatically require a DA amendment. The proposed change should first be checked against the current exempt-development provisions. If it qualifies as a change that would be DA-exempt after completion, the existing DA may not need amendment. Otherwise, if the change is no longer covered by the approved plans, an amendment may be required.
No minimum block size does not remove the need for planning assessment.
Would you like to know what these rules mean for your property?
Get a Planning Assessment prepared by our experienced planning team.