In South Australia, development approval is not a separate permit sitting beside planning consent and building consent: section 102(1) of the Planning, Development and Infrastructure Act 2016 provides that a development is an approved development “if, and only if,” a relevant authority has assessed it against, and granted a consent in respect of, each listed matter “insofar as they are relevant to the particular development”, with planning consent and building consent the first two of those matters. Schedule 8 clause 39(2)(b) of the Act refers to “building rules consent … under the repealed Act” (the Development Act 1993); the 2016 Act defines the consent as building consent. This note sets out what each term means in the Act and Regulations and who can act as the relevant authority for each. Which consents a particular project needs, and on which assessment pathway, is set by the Act, the Regulations and the Planning and Design Code for that address.
What is a development approval in South Australia?
Section 101 of the Planning, Development and Infrastructure Act 2016 states: “Subject to this Act, no development may be undertaken unless the development is an approved development.” Section 102(1) then lists the matters against which a relevant authority must assess the development and grant a consent, “insofar as they are relevant to the particular development”: (a) the relevant provisions of the Planning Rules and related matters (planning consent); (b) the relevant provisions of the Building Rules (building consent); (c) and (d) requirements for a proposed division of land; (e) any encroachment of a building over, under, across or on a public place not otherwise dealt with; and (g) “such other matters as may be prescribed”.
Section 102(8) provides that a development “will be taken to be an approved development when all relevant consents have been granted and a relevant authority has, in accordance with this Act, indicated that the development is approved.” Development approval is therefore the end point that the relevant consents lead to, not an alternative to them.
The Act defines “development” in section 3 to include, among other things, “a change in the use of land”, “building work” and “the division of an allotment”, but not “an act or activity that is declared by or under the regulations not to constitute development”. Regulation 3C(1) of the Planning, Development and Infrastructure (General) Regulations 2017 declares that an act or activity specified in Schedule 4 does not constitute development; regulation 3C(2) makes each exclusion subject to any condition or limitation in Schedule 4, and regulation 3C(3) states that an exclusion “does not apply in respect of a State heritage place”. Regulation 3C(4), (4a) and (4b) set further limits, including for work that would cause a building not to comply with the Building Rules and, within the Tunnel Protection Overlay, buildings exceeding 3 storeys in height. Other provisions of the Regulations also bear on the definition, including regulation 3B and Schedule 3, which add acts and activities to it; regulation 3CA and Schedule 4A, which exclude specified acts or activities “when carried on by a prescribed person”, subject to that regulation; and regulation 3D and Schedule 5, which exclude specified acts within the State Heritage Area Overlay.
A wider term, “development authorisation”, is defined in section 3 as “any assessment, decision, permission, consent, approval, authorisation or certificate required” by or under the Act or another prescribed Act. Each consent, and the approval itself, is a development authorisation.
What is planning consent, and what are the assessment categories?
Section 3 defines planning consent as “a consent granted under section 102(1)(a)”. That paragraph covers the relevant provisions of the Planning Rules, the impacts of the development to the extent provided by Part 7 Division 2, and, if relevant, certain requirements under Part 15 Division 2. The Planning Rules are defined as the Planning and Design Code, the design standards that apply under the Act, and any other instrument prescribed by the regulations.
Section 103 divides development into three categories “for the purposes of assessment in relation to planning consent”: accepted development, code assessed development and impact assessed development.
Accepted development: under section 104(1), development is accepted if it is classified “by the Planning and Design Code or the regulations” as accepted development; regulation 26A classifies development within the ambit of Schedule 6A as accepted. Section 104(2) states: “Accepted development does not require planning consent.”
Code assessed development: under section 105, development falls in this category if it is classified by the Code as deemed-to-satisfy development, or if it is neither accepted nor impact assessed. Section 106(1) provides that, subject to subsection (1a) on design standards, deemed-to-satisfy development “must be granted planning consent”, and section 106(2) has a relevant authority assess development that is deemed-to-satisfy except for minor variations as deemed-to-satisfy. Where code assessed development cannot be assessed, or fully assessed, as deemed-to-satisfy, section 107 provides for assessment “on its merits against the Planning Rules” (section 107 is headed “Performance assessed development”). Under section 107(2)(c) such development “must not be granted planning consent if it is, in the opinion of the relevant authority, seriously at variance with the Planning and Design Code (disregarding minor variations)”, and section 107(8) states that deemed-to-satisfy elements do not prevent a relevant authority deciding not to grant planning consent on account of the balance of the development.
Impact assessed development: under section 108(1), development is impact assessed if it is classified by the Code as restricted development, classified by the regulations as impact assessed, declared by the Minister to be impact assessed, or declared so under the State Development Coordination and Facilitation Act 2025. For restricted development, section 110(1) provides that the Commission “will determine … whether or not the development will be assessed and, if so, whether or not planning consent will be granted”, and section 110(14) allows an application to be refused without an assessment. For other impact assessed development, section 115(2) allows the Minister to grant a development authorisation or refuse approval.
PlanSA’s FAQ on development applications describes development as “Exempt”, “Accepted”, “Code assessed” or “Impact assessed”, and states that the assessment pathway “determines the authority, timeframe and rigour of a development’s assessment”. “Exempt” is PlanSA’s term and is not one of the three categories in section 103. Which category under section 103 applies to a proposal is set by the Act, the Regulations and the Code as they apply to that proposal at that address.
What is building rules consent (building consent)?
Section 3 defines building consent as “a consent granted under section 102(1)(b)”, the consent in respect of the relevant provisions of the Building Rules. The Building Rules are defined as the Building Code (an edition of the Building Code of Australia in the National Construction Code series, as it applies under the Act), regulations that regulate the performance, standard or form of building work, regulations relating to designated safety features, and the Ministerial building standards.
Schedule 8 clause 39(2)(b) of the Act provides that, on and after the designated day, a reference in any Act, statutory instrument or other document or instrument “to building rules consent (or provisional building rules consent) under the repealed Act” will, unless the context otherwise requires, be taken to include a reference to building consent under the 2016 Act “or a corresponding approval under the Building Act 1971”. Clause 39(2)(a) makes a corresponding provision for “development plan consent” and planning consent. The repealed Act is the Development Act 1993. The phrase “building rules consent” also still appears in section 118(6)(b) of the 2016 Act.
Section 118 sets the rules for this consent. Under section 118(1), if the regulations provide that a form of building work complies with the Building Rules, it “must be granted a building consent”; regulation 28(1) applies that to building work assessed as being in a form specified in Schedule 7, and regulation 28(2) excludes building work that affects a State heritage place and work excluded by Schedule 7 itself. Under section 118(2), which is subject to subsection (6) on heritage places, a development “at variance with the Building Rules must not be granted a building consent” unless one of the conditions in that subsection is met, and section 118(10) allows a relevant authority to refuse consent where the development would cause a building to cease to conform with the Building Rules for its classification.
Section 118(8) provides that a relevant authority must accept that proposed building work complies with the Building Rules to the extent that compliance is certified in accordance with the regulations or “certified by a building certifier”.
Who can grant each consent: councils, panels, accredited professionals
The entities that section 82 makes relevant authorities, subject to the Act, include the Minister; the State Planning Commission; the Chief Executive in the circumstances in section 242A; assessment panels appointed by a joint planning board or by a council; combined, regional and local assessment panels constituted by the Minister; an assessment manager; an accredited professional; and a council.
For planning consent, section 93(1) makes an assessment panel the relevant authority by area, but section 93(2) switches that off where an assessment manager or an accredited professional may act under a scheme in the regulations. Regulation 22(1) sets out that scheme. Among other things, an assessment manager may give planning consent for deemed-to-satisfy development and for development assessed under section 107 other than where notice must be given under section 107(3); an Accredited professional — planning level 3 may give planning consent for deemed-to-satisfy development including minor variations; and a planning level 4 professional may do so where there are no minor variations. Under regulation 22(1)(d), an Accredited professional — surveyor may give planning consent, and consent under section 102(1)(c) or (d), for development “constituted solely by the division of 1 or more allotments” that may be assessed as deemed-to-satisfy, other than where there are minor variations or where land is to be vested in another entity or a public road created in connection with the division. Section 94(1) makes the Commission the relevant authority in listed cases, including restricted development, and section 95 makes the Minister the relevant authority for impact assessed development that is not restricted.
For building consent, section 97 allows an accredited professional to act as a relevant authority in cases contemplated by the Act or prescribed by the regulations. Regulation 25(2) allows an Accredited professional — building level 1 to give building consent “in relation to any class of development”; regulation 25(3) and (4) limit building levels 2 and 3 by rise in storeys and floor area, and level 3 to Class 1 and 10 buildings, subject to regulation 25(5). Section 92 provides that an accredited professional qualified to assess development against the Building Rules “may be known as a building certifier”. The phrase “private certifier” appears in the current Act only in Schedule 8 clause 17, a transitional provision about engagements under section 96 of the repealed Act.
Section 99(1) allows a relevant authority dealing with development that involves building work to refer the Building Rules assessment to the council for the area, or to require that it be undertaken by a building certifier. In the PlanSA portal, as PlanSA’s guide for applicants describes it, the applicant chooses who should assess the building consent, the location council or an accredited professional; the guide warns that a professional who does not hold the required level of accreditation will not be listed.
How the consents come together into development approval
Section 102(2) allows an application to be made “for all or any of the consents required”, or for any one or more of them, and section 102(6)(a) provides that, subject to the regulations, the consents “need not be granted in any particular order”. PlanSA’s Apply for the Next Consent guide describes an application lodged with planning consent set to “assess now” and building consent to “assess later”; when the first consent is granted, an email advises that a Decision Notification Form has been granted, and that is the prompt to apply for the next consent. The guide also covers building consent assessed in stages, which need not be submitted in numerical order.
Section 99(3) provides that, where development is within the area of a council, “subject to the regulations, the council will be the relevant authority for the purposes of, if appropriate, granting the final development approval after all elements of the development have been approved by 1 or more relevant authorities under this section”. Regulation 53(5) has the council grant the final development approval if the consents are consistent, or take reasonable steps to inform the applicant if two or more are inconsistent; regulation 53(7) covers the case where the Commission is the relevant authority for final development approval. Under section 99(4), the council’s notice must name every other entity that acted as a relevant authority, and section 91(5) requires an accredited professional to ensure any development authorisation it gives is consistent with any already given for the same proposal.
Regulation 57(3) requires that, where a decision provides for a planning consent, building consent or outline consent, the notice “must include a statement advising the applicant that building work cannot commence unless or until the development has been approved under the Act.”
Building without development approval in SA: what the Act says
Section 215(1) states: “A person must not undertake development contrary to this Act.” Section 215(2) states: “A person must not undertake development contrary to a development authorisation under this Act.” Section 216(1) provides that a person must not perform building work, or cause it to be performed, “except in accordance with technical details, particulars, plans, drawings and specifications approved in accordance with this Act.”
Section 213(1) allows a designated authority — the Commission, a council, the South Australian Heritage Council, or a body brought in by the regulations — that has reason to believe on reasonable grounds that a person has breached the Act to direct the person to refrain from the act, to make good the breach, or to take urgent action. Section 214(1) allows any person to apply to the Environment, Resources and Development Court for an order to remedy or restrain a breach.
The Act also refers to building consent sought after the event, in a limited place. Section 118(2)(b) applies only where the variance is with a part of the Building Rules other than the Building Code or a Ministerial building standard; a variance with the performance requirements of the Building Code or a Ministerial building standard falls under section 118(2)(a), which requires the Commission to concur, and has no after-the-event limb. Within section 118(2)(b), subparagraph (ii) covers “a case where the consent is being sought after the development has occurred”, where the relevant authority is satisfied “that the variance is justifiable in the circumstances of the particular case”. Whether any particular work is development at all depends on section 3 and on the Regulations made under it, including regulations 3B to 3D and Schedules 3 to 5 (among them regulation 3CA and Schedule 4A).
What has to be checked for the address
None of the provisions above establishes which consents a particular project needs or which pathway it will follow. That depends on what is proposed and on how the Act, the Regulations and the Planning and Design Code — including the zone, subzone and overlays that apply to the land, and any declaration under section 108(1) — apply to it. PlanSA’s FAQ points applicants to its approval wizard, which asks questions about the proposal for an entered address and shows whether approval is needed, how to apply and who to contact.
PlanSA’s FAQ points applicants to the development application checklists on the portal. Regulation 93 of the General Regulations deals with notifications during building work, and regulation 25(6) refers to the provision of a Statement of Compliance; those are covered in their own notes.
Common Questions
What is the difference between planning consent and development approval in SA?
Under section 102(1) of the Planning, Development and Infrastructure Act 2016, planning consent is one of the consents that a development needs, insofar as it is relevant to that development; building consent and, for land division, further consents are others. Section 102(8) provides that a development is taken to be approved when all relevant consents have been granted and a relevant authority has indicated that it is approved. Planning consent alone is not development approval. Under section 104(2), accepted development does not require planning consent.
What is building rules consent in South Australia?
The Planning, Development and Infrastructure Act 2016 defines building consent as a consent granted under section 102(1)(b), in respect of the relevant provisions of the Building Rules. Schedule 8 clause 39(2)(b) of that Act provides that, on and after the designated day, a reference to “building rules consent (or provisional building rules consent) under the repealed Act” (the Development Act 1993) is, unless the context otherwise requires, taken to include building consent under the 2016 Act or a corresponding approval under the Building Act 1971.
What is a building certifier in SA, and is it the same as a private certifier?
Section 92 of the Planning, Development and Infrastructure Act 2016 provides that an accredited professional qualified to assess development against the Building Rules may be known as a building certifier. Regulation 25 of the General Regulations sets which building consents each accreditation level may give. In the current Act the phrase “private certifier” appears only in the heading of a transitional provision, Schedule 8 clause 17, which deals with engagements under section 96 of the repealed Development Act 1993.
Can building work start once planning consent is granted in SA?
Section 101 of the Planning, Development and Infrastructure Act 2016 provides that, subject to the Act, no development may be undertaken unless it is an approved development. Regulation 57(3) of the General Regulations 2017 requires the notice of a decision that provides for a planning consent, building consent or outline consent to include a statement “that building work cannot commence unless or until the development has been approved under the Act.” Regulation 57(1) excludes decisions under Part 7 Division 2 Subdivision 4 of the Act (impact assessed development).
Who grants development approval in South Australia?
Section 99(3) of the Planning, Development and Infrastructure Act 2016 provides that, for development within a council area and subject to the regulations, the council is the relevant authority for granting the final development approval after all elements have been approved by one or more relevant authorities. Regulation 53(7) covers cases where the State Planning Commission is the relevant authority for final approval. For impact assessed development that is not restricted development, section 115(2) provides for the Minister to grant or refuse a development authorisation. The individual consents can be granted by different relevant authorities, including assessment panels, assessment managers and accredited professionals, as the Act and Regulations provide for that development.
Is it an offence to build without development approval in SA?
Section 215 of the Planning, Development and Infrastructure Act 2016, headed “General offences”, provides in subsection (1) that a person must not undertake development contrary to the Act, and section 216(1) prohibits performing building work, or causing it to be performed, “except in accordance with technical details, particulars, plans, drawings and specifications approved in accordance with this Act.” Whether particular work is development depends on the definition in section 3 and on the Regulations, including Schedule 3, which adds acts to that definition, and Schedules 4, 4A and 5, which exclude acts from it, subject to conditions.
Sources
- Planning, Development and Infrastructure Act 2016 (SA), version 30.7.2026 — sections 3, 82, 91–99, 101–110, 115, 118, 212–216 and Schedule 8 clauses 17 and 39 (read from the Wayback Machine copy of the authorised PDF, 30 July 2026)Accessed 2026-10-26
- Planning, Development and Infrastructure (General) Regulations 2017 (SA), Version 4.12.2025 (Wayback snapshot 2026-03-26); current version not compared — regulations 3B, 3C, 3CA, 3D, 22, 25, 26A, 28, 53, 57 and 93 and Schedules 3, 4, 4A and 5Accessed 2026-10-26
- PlanSA — Frequently Asked Questions: Development Applications (read from a Wayback Machine copy)Accessed 2026-10-26
- PlanSA — Guide for Applicants: Apply for the Next Consent, Version 2.3Accessed 2026-10-26
This page describes legislation as it stood on the access dates above. It is not legal advice about any particular property.
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