Owner's Consent Requirements

Owner’s Consent requirements when submitting a Development Application or associated Post Consent Certificate or s.68 Application

Written consent from all registered owners is required if the person making the application is not the only registered owner of the land.

Where the application involves works on a shared boundary, joint wall or fence, consent of all adjoining property owner’s is also required.

It is the applicant’s responsibility to demonstrate all owners have consented to the application being submitted.

Applications will not be accepted without the correct owner’s consent.

The type of owner's consent needed may vary depending on whether the property is owned by individuals, or a group such as a company or corporation. Requirements for different types of ownership are shown below.

Council has created proforma’s  Owners Consent form and Owners Consent Form – Affected Adjoining Land to assist you in obtaining owners consent which can be found under O on Councils Application Forms webpage

Properties owned by individuals

There are two types of property ownership for individuals:

Torrens Title

All owners need to sign the owner’s consent form and print their name. This form must be included with your development application.

If you've only recently purchased the property, our records may not be updated with your details. You can check this by calling us on (02) 6023 8111. If you are not yet shown as the owner in our system, you will need to provide a copy of the certificate of title or the transfer of title form signed by the vendor with your application.

Strata Title

Development or a proposed use on a strata property that is completely within a single unit, only the owner/s of the relevant unit need to give their consent.

If the development or proposed use is across more than one unit or affects the common property, both the owner/s of the relevant units and/or the owners corporation will need to give their consent.

Owner’s consent from the owner’s corporation must be signed in line with section 273 of the Strata Schemes Management Act 2015 (NSW) by way of the seal of the owner’s corporation being affixed in the presence of:

1. where the owner’s corporation has only one owner, that owner or the strata managing agent
2. where the owner’s corporation has only two owners, both those owners or the strata managing agent
3. where the owner’s corporation has more than two owners, either of the following:
   • Two owners as determined by the owner’s corporation
   • The secretary of the owner’s corporation and any other member of the strata committee
   • The strata managing agent

Signing on Owner’s behalf

If you are signing as the owner’s representative, you must state the nature of your legal authority and attach documentary evidence of your authority, a full copy is required.  Depending on the nature of your authority, the following evidence may be accepted:

• Power of attorney
• Trust deed
• Probate
• Letters of administration
• Delegation schedule
• Letter on company owners’ letterhead confirming your authority

Properties owned by a Company

If the owner is a company, the owner’s consent must be signed by:

1. any 2 directors; or
2. a director and the company secretary; or
3. the sole director of a sole director company.

The applicant must provide the names and position of those signing the consent and either:

1. a current company extract from the Australian Securities and Investments Commission (asic.gov.au) dated within 30 days of the application; or
2. a letter on official letterhead of the Company confirming the position(s) of those signing the consent dated within 30 days of the application; or
3. an email from an address using the official URL of the Company confirming the position(s) of those signing the consent dated within 30 days of the application.