In 2026-27 a straightforward house or granny flat DA in NSW usually takes 2 to 4 months from lodgement to determination, a dual occupancy 3 to 6 months, and townhouses 6 to 12 months, in our experience across NSW councils. The deemed refusal periods did not change under the Planning System Reforms Act 2025: 40 days for most local development and 60 days for integrated development or concurrence, not counting stop-the-clock periods. What did change is how State agency referrals run (through the Development Coordination Authority since 1 July 2026), how long you can appeal a slow decision, and how fast minor modifications must be decided. The calendar still depends mostly on application quality and council workload.
Key takeaways
- Deemed refusal periods are unchanged at 40 to 90 days after lodgement depending on development type, excluding stop-the-clock periods.
- Since 21 March 2026 the right to appeal a deemed refusal lasts until the application is determined, so it no longer expires.
- For DAs lodged on or after 1 July 2026, NSW Government referrals go to the Development Coordination Authority (DCA) through the NSW Planning Portal, with a single response due within 28 calendar days.
- The 28-day referral clock does not start until the referral fee is paid, which is $1,100 per unique referral for most DAs.
- Section 4.55(1) modifications lodged from 21 March 2026 must be decided within 14 calendar days.
Who this is for: home owners planning a house, knock-down rebuild, granny flat, duplex or small townhouse DA in NSW who want a realistic program and to understand the statutory clocks that apply in 2026-27.
Updated guide. This guide replaces our earlier article How long does a DA take in NSW? Timeframes by council (2025-26), which reflects the law before the Planning System Reforms Act 2025 and the 1 July 2026 referral changes commenced.
How long does council legally have to decide a DA?
Under the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2021, each DA has an assessment period. If council has not determined the application by the end of it, the applicant can treat it as refused (a deemed refusal) and appeal to the Land and Environment Court. The Department’s March 2026 FAQ confirms the reforms left these periods alone: 40 to 90 days after lodgement depending on development type, excluding stop-the-clock periods. Most local development gets 40 days; integrated development or a DA needing concurrence gets 60.
The clock stops in defined circumstances, most commonly while council waits on information it has requested. That is why a DA can show “day 35” on the council system after four calendar months.
The common mistake is reading 40 days as a delivery promise. It is an appeal trigger, and few home owners use it.
How do State agency referrals work since 1 July 2026?
Integrated development, concurrence and consultation are now collectively called “referrals”, consolidated in Chapter 4 of State Environmental Planning Policy (Planning Systems) 2021. Under the Department’s August 2026 guidance for councils fact sheet, the DCA, within the Department of Planning, Housing and Infrastructure, issues all general terms of approval for integrated development and gives one consolidated NSW Government response through the Portal.
Referral check, fee and the 28-day response
Council first nominates the referrals it thinks apply. Within 2 business days the DCA confirms the list and whether the documents it needs, such as a bush fire assessment, have been provided; if it does not respond, council can refer anyway. The DCA then has 28 calendar days to respond, starting once council refers and any fee is paid. For DAs lodged on or after 1 July 2026 the fee is $1,100 per unique referral for most DAs ($550 for a section 4.55(2) modification). There is no deadline to pay, but the clock waits for payment. It pauses if the DCA requests information and resets on re-referral. If no response arrives within 28 days, council may proceed to determine.
What gets referred
For home owners, the usual DCA referrals are development on bush fire prone land that does not comply with Planning for Bush Fire Protection (section 4.11 of the Planning Systems SEPP), residential subdivision of bush fire prone land (section 100B of the Rural Fires Act 1997), State Heritage Register items, and Water Management Act 2000 approvals such as controlled activity approvals near watercourses. Referrals to airports or electricity providers still go direct from council. DAs lodged before 1 July 2026 stay under the old provisions, unless council accepts a non-minor amendment after that date, which resets the lodgement date.
Realistic timeframes by project type
These ranges reflect our general experience with complete applications without unusual constraints. Individual outcomes vary and we do not guarantee any timeframe.
| Project | Typical calendar time | What usually drives it |
|---|---|---|
| Alterations and additions, single new dwelling | 2 to 4 months | Notification, streetscape and amenity checks, BASIX consistency |
| Secondary dwelling (granny flat) by DA | 2 to 4 months | Constraints that forced the DA route (flood, bushfire, lot size), stormwater |
| Dual occupancy, attached or detached | 3 to 6 months | Neighbour submissions, parking, private open space, stormwater, tree removal |
| Dual occupancy with Torrens title subdivision | 4 to 8 months | Minimum lot size clause, subdivision engineering, section 7.11 contributions |
| Townhouses, 3 to 10 dwellings | 6 to 12 months | Design review, traffic, landscaping, on-site detention, possible panel referral |
| Small lot subdivision in a growth area | 4 to 9 months | Precinct plan compliance, servicing, contributions, referrals |
| Any of the above needing a DCA referral | Add the referral period | Referral check, fee payment, up to 28 calendar days for the response, plus any pause for information |
A DA timeline, step by step
- Preparation (4 to 10 weeks). Survey, design, BASIX, stormwater, specialist reports and the Statement of Environmental Effects. This stage decides most of what follows.
- Lodgement and acceptance (1 to 3 weeks). Council checks the Portal lodgement against its requirements and accepts or returns it.
- Referral check (2 business days, where a NSW Government referral applies). The DCA confirms the referral list and documents.
- Referral fee and formal referral. Pay promptly; the DCA’s 28 days do not begin until you do.
- Notification (2 to 4 weeks, running alongside). Neighbours are notified under council’s community participation plan, and council must consider submissions under section 4.15(1)(d).
- Assessment (4 to 12 weeks). The planner tests the proposal against the LEP, DCP and section 4.15 matters. Any request for information lands here.
- Determination. Approved with conditions, refused, or reported to a local planning panel.
Why do some councils take longer than others?
NSW Planning publishes average assessment days by council on its planning performance page. Check your council before you set a program.
Volume. Blacktown, Liverpool, Camden, Penrith and The Hills carry heavy loads from the North West and South West Growth Areas (Marsden Park, Box Hill, Austral, Leppington, Oran Park), which lengthens queues at acceptance and allocation.
Constraints. Many lots in Hawkesbury, Wollondilly, the Blue Mountains and the Central Coast are bushfire prone or flood affected. The section 4.11 referral applies only where development does not comply with Planning for Bush Fire Protection, so test compliance at concept stage.
Panels. Some DAs go to a local planning panel, typically because of objections, a large departure from a development standard or a conflict of interest (see the NSW Planning local planning panels page). Since 16 January 2026, new regionally significant DAs are also determined by the local planning panel where one exists. Panels meet on a fixed cycle, which in our experience adds 4 to 8 weeks.
What can you do if council is taking too long?
Since 21 March 2026 you can appeal a deemed refusal at any time after the assessment period ends, right up until determination. There is no transitional saving, so an undetermined DA can be appealed even if an earlier window had expired. Usually the better first step is asking the assessing officer what is outstanding.
If the DA is refused, you have 6 months to lodge a Division 8.2 review, and there is no time limit for council to determine it. Where council staff made the decision and a local planning panel exists, you can elect to have the panel conduct the review. You cannot appeal to the court while a review is underway, but the 6-month appeal clock pauses, so an appeal remains available afterwards.
How long does a modification take now?
Under section 118A of the Regulation, a section 4.55(1) modification (minor errors, or changes with no environmental impact) lodged from 21 March 2026 must be determined within 14 calendar days. A request for information does not stop that clock, and an application not determined in time cannot be refused. Section 4.55(1A) and 4.55(2) modifications still take longer.
What you can do to shorten it
- Get the pathway right first. Complying development is usually much faster where the site qualifies. Our DA or CDC pathway advice settles this before design money is spent.
- Lodge complete. A missing survey or outdated BASIX certificate commonly gets an application returned.
- Include referral documents at lodgement and pay the fee straight away. Gaps found at the referral check cost weeks, and the 28-day clock waits for payment.
- Justify every departure in the SEE. An unexplained departure from a DCP control always draws a question.
- Answer requests for information quickly and completely. A partial response generates a second request. Our RFI response service exists for this reason.
Definitions
- Deemed refusal
- A DA not determined within its assessment period, which the applicant may treat as refused and appeal until determination.
- Development Coordination Authority (DCA)
- The Department entity that gives one consolidated NSW Government response to DA referrals.
- Referral
- Since 1 July 2026, the collective term for integrated development, concurrence and consultation.
- Division 8.2 review
- A request, lodged within 6 months, for the consent authority to review its determination.
Frequently asked questions
What is the 40 day rule for DAs in NSW?
If council has not determined a local DA within 40 days (60 for integrated development or concurrence), excluding stop-the-clock periods, the applicant can treat it as refused and appeal. Since 21 March 2026 that right continues until the DA is determined.
Does a DCA referral delay my DA?
It can. The DCA has 28 calendar days from referral and fee payment, paused for any information request. If it does not respond in time, council may proceed to determine.
How much is the DCA referral fee?
For DAs lodged on or after 1 July 2026, $1,100 per unique referral for most DAs. Re-referring under the same provision attracts no further fee.
Is a CDC always faster than a DA?
Usually, because there is no merit assessment. But it is only available where the site and design meet every Codes SEPP standard, which rules out many flood, bushfire, heritage or steep lots.
URBA prepares complete, council-ready DA packages and the Statement of Environmental Effects that anchors them, including the referral documents the DCA now checks, and we handle requests for information when they arrive. For a realistic 2026-27 program for your house, duplex, granny flat or townhouse DA, send us the site address and request a fee proposal.
Sources and references
- Fact sheet, Guidance for councils: What’s changed for councils from 1 July 2026 (August 2026), accessed November 2026
- Information sheet: Second commencement of the Planning System Reforms Act 2025, accessed November 2026
- Planning System Reforms, Second Proclamation FAQ (March 2026), accessed November 2026
- Information sheet: First commencement of the Planning System Reforms Act 2025, accessed November 2026
- Environmental Planning and Assessment Act 1979, section 4.55 and Divisions 8.2 and 8.3, accessed November 2026
- Environmental Planning and Assessment Regulation 2021, section 118A, accessed November 2026
- NSW Planning, Planning performance, accessed November 2026
- NSW Planning, Local planning panels, accessed November 2026
Information disclaimer. This article is general planning information prepared by the URBA Planning Team and is current at the date of publication. It is not planning, legal or financial advice for any specific property. Planning instruments, development control plans, state policies and the National Construction Code are amended regularly and councils interpret them differently; the controls quoted here should be confirmed against the versions in force at the date of lodgement and against the consent authority’s current requirements. Reliance on this article is at the reader’s own risk. URBA Planning, a division of Contrive Consultants Pty Ltd, accepts no liability for loss arising from its use. For advice on a specific site, contact URBA for a fee proposal.