Tag Archive for: NSW building regulations

A proposed extension can be entirely within your property boundaries and still affect the people next door. It may change their sunlight, privacy, views, drainage or access during construction. So, do extensions require neighbour consent in NSW? Usually, no – but there are important situations where a neighbour’s written agreement, or a carefully managed conversation, can make the difference between a straightforward project and a costly delay.

For Sydney homeowners, the key is to separate formal planning approval from neighbour consultation. Council or a private certifier assesses whether your plans meet the relevant planning controls and building requirements. A neighbour does not generally have the right to approve or reject an extension simply because they do not like it. However, their rights can become directly relevant when work needs access to their land, affects a shared structure, encroaches on a boundary or involves a strata property.

Do extensions require neighbour consent for approval?

In most standard residential projects, you do not need your neighbour’s consent before lodging a development application, or DA. The consent authority will assess the proposal against the applicable Local Environmental Plan, Development Control Plan and other NSW requirements. This assessment considers matters that commonly concern neighbours, including setbacks, building height, overshadowing, overlooking, parking, heritage controls and neighbourhood character.

If your extension is assessed through a DA, nearby owners are commonly notified and given an opportunity to make submissions. Those submissions matter, particularly where they raise genuine planning issues. They are not, however, a neighbour veto. The decision-maker must weigh the proposal against the planning rules and the evidence available.

Some smaller projects may qualify as complying development, provided the design meets strict state and local standards. In these cases, neighbour notification is often required before work starts, but notification is not the same as consent. Your certifier will confirm the process, documentation and notice period that apply to your site.

The position can change where your plans rely on a variation, involve a heritage item, sit within a sensitive location or need a performance-based solution. These projects deserve early design review and clear communication with affected neighbours, because objections may add time and complexity to the assessment process.

When written neighbour consent may be needed

There are several circumstances where a signed agreement is not simply a courtesy. It may be necessary before particular works can proceed safely and lawfully.

Access to a neighbour’s property

Builders sometimes need temporary access next door to erect scaffolding, complete external cladding, paint a wall near the boundary, install roofing, protect an adjoining structure or carry out excavation. You cannot assume that access is available because the work benefits your property.

A written access agreement should set out the area that can be used, dates and working hours, protection measures, insurance, who is responsible for damage, site clean-up and how disputes will be handled. It should be agreed before construction programming is finalised. If access is refused, the design or construction method may need to change, which can affect cost and timing.

Boundary encroachment or building over the line

An extension should ordinarily remain within your title boundary. If any element crosses it, even by a small amount, you will need to resolve the issue formally. Do not rely on an old fence line as proof of the true boundary. A registered survey can identify the boundary accurately before design is locked in.

Eaves, gutters, footings, retaining walls and drainage are often the elements that create problems. A neighbour may agree to a solution, but legal documentation and professional advice may still be required. Council approval does not give an owner the right to build on someone else’s land.

Shared walls, party structures and retaining walls

Work to a shared wall or structure needs particular care. This may include a semi-detached home, terrace, duplex, common retaining wall or an older building where structural elements are closely connected. The proposed work should be designed by appropriately qualified professionals, with clear details on waterproofing, structural support and the sequence of construction.

Consent requirements depend on ownership, the nature of the structure and the approvals pathway. Even where formal consent is not required, providing drawings and explaining the protection measures early can prevent unnecessary concern. A dilapidation report is also sensible where excavation or structural work could affect adjoining property.

Strata and community title homes

If you own a townhouse, villa or apartment, the owner’s corporation may need to approve changes to common property. External walls, roofs, balconies, plumbing lines, courtyards and structural components may not be solely yours to alter, even if they form part of your home.

This is separate from consent from an individual neighbour. Review the strata by-laws, obtain the required resolutions and confirm the scope of common property before committing to plans. For community title properties, similar approval obligations can apply through the relevant association.

Good neighbour communication is still practical project management

A neighbour may not have to sign off on a compliant rear extension, but informing them early remains good practice. Surprises are where tension usually begins. A brief, respectful conversation once preliminary plans are available gives you the chance to explain what is proposed before formal notices arrive.

Keep the discussion factual. Show the overall footprint, likely height, construction timeframe and how privacy, drainage and overshadowing have been considered. If there will be demolition, excavation, concrete pumping or deliveries in a narrow street, outline how the site will be managed. Avoid promising design changes on the spot. Instead, listen to concerns and take advice from your designer, builder or planning consultant on what is feasible.

This approach does not mean giving up control of your project. It means identifying issues while adjustments are less expensive. Moving a window, refining a screening detail or changing the location of equipment can sometimes improve neighbour amenity without compromising the outcome you want.

Design decisions that reduce objections

The strongest way to manage neighbour concerns is to address them before plans are lodged. A well-considered extension responds to the site rather than treating planning rules as an afterthought.

For a side or rear addition, this may mean maintaining suitable setbacks, placing higher sections away from sensitive boundaries and using lower roof forms where appropriate. Upper-level additions often require closer attention to overlooking. Fixed privacy screens, carefully positioned windows and sensible balcony layouts can protect both properties while still bringing light and ventilation into the new space.

Overshadowing is another common issue in Sydney’s established suburbs, particularly where homes sit close together. The impact on neighbouring living areas, private open space and solar access should be tested during design. A larger extension may deliver more floor area, but it can trigger a more difficult approval pathway if its bulk or shadowing is excessive.

Stormwater also deserves early attention. Roof runoff, surface drainage and any new hardscape must be managed so water does not discharge onto adjoining land. Retaining walls and excavation should be designed with proper drainage and structural detailing, not treated as a last-minute landscaping item.

What to do if a neighbour objects

An objection does not automatically stop an extension. If a DA is under assessment, the consent authority will consider the issues raised alongside the plans, reports and planning controls. The best response is measured and evidence-based. Where a concern is valid, a targeted amendment may be worthwhile. Where the proposal already complies and the concern is not a planning matter, the project can still proceed through the assessment process.

Do not begin work because you believe an objection is unreasonable. Start only when the appropriate approval or complying development certificate is in place, the construction certificate requirements have been met where applicable, and all pre-construction conditions are satisfied.

If the dispute concerns access, damage, a boundary or a shared structure, resolve it before work reaches that stage. Keep records of discussions, surveys, condition reports and written agreements. A clear paper trail protects both homeowners and helps the construction team work with confidence.

Plan the approvals and build process together

Neighbour consent is only one part of a successful extension, but it often exposes gaps in early planning. The right process brings design, surveying, approvals, structural requirements, access planning and construction sequencing together before the site is opened up.

At H.E.A.R, this is approached as part of the wider project plan, not as a last-minute administrative task. Clear drawings, transparent scope, realistic programming and properly coordinated trades give homeowners a better basis for discussions with neighbours and a more controlled path to construction.

Before finalising your extension, confirm your boundary, choose the correct approval pathway and identify whether access, strata approval or shared-structure agreements are required. A respectful conversation with the neighbour next door will not replace proper approvals, but it can protect the working relationship you will still value long after the new room is complete.