What happens to a Development Approval if the property is sold?
Yes, generally. Selling the property does not, by itself, cancel an existing Development Approval. An approved DA can generally remain applicable to the development after ownership changes, provided the approval is still current and its conditions are complied with.
Reference: ACT Property developers licensing scheme – https://www.planning.act.gov.au/professionals/regulation-and-responsibilities/property-developers-licensing-scheme
Short Answer
Yes, generally. Selling the property does not itself cancel an existing DA. The approval can generally continue after ownership changes, provided it remains valid and its conditions are followed.
Detailed Explanation
A change in ownership of the land is not identified in the Planning Act 2023 as an event that, of itself, terminates an existing Development Approval. Development approvals continue subject to the statutory provisions governing their duration, expiry, revocation and compliance with approval conditions.
ACT Planning also expressly contemplates land being sold with an approved Development Application, after which the purchaser may proceed with subsequent stages of the development.
Accordingly, it is preferable to describe an existing DA as continuing notwithstanding a change of ownership, rather than characterising the process as a formal “transfer” of the DA.
No minimum block size does not remove the need for planning assessment.
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