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Changing or extending an approval
| NSW development consent | Generally 5 years unless physically commenced[1] |
|---|---|
| Victoria planning permit | Usually start within 2 years, complete within 4[2] |
| Victoria building permit | Start within 12 months; Class 1 complete within 24 months[3] |
| Queensland | Building work 2 years; material change of use 6 years[4] |
| Western Australia | Development approval 2 years; building permit 2 years[5][6] |
| South Australia | Commence within 24 months; complete within 3 years[7] |
| Northern Territory building permit | Valid 2 years; extension before expiry[8] |
| Tasmania and ACT | Base periods not covered by the sources compiled here |
An approval is granted for a specific design, and it is not open-ended. If the modules, the siting or the supplier change after approval, the approval may need to be modified. If manufacturing or installation is delayed, the approval may lapse. In NSW a development consent generally lapses after five years unless work has physically started[1]; a Victorian building permit lapses if work does not start within 12 months.[3]
Why factory-built homes are exposed to both risks §
Design changes. Approval is given for the plans lodged. Changing manufacturer, changing module sizes to suit a different factory or transport route, or changing roof form or external cladding can all mean the built home no longer matches the approval.
Delays. A factory slot that slips, a manufacturer that stops trading, or finance that takes longer than expected can push the start date past a lapse date. Site preparation alone may not count as commencing — in NSW, soil-test boreholes, survey work and ground marking do not stop a consent lapsing.[1]
Changing an approved design §
NSW. Changes to a development consent are made under section 4.55 of the Environmental Planning and Assessment Act 1979. There are three pathways: minor errors and no-impact changes; minimal-impact changes; and other changes. For the last two, the modified development must still be substantially the same as the development originally approved — the comparison is with the original approval, not the last version.[9] Modifications to excluded residential development, such as a two-storey house, are themselves generally not exhibited under the Statewide Community Participation Plan.[10]
Victoria. An application to amend a planning permit follows the same procedure as a new permit application, which can include notice to neighbours.[11]
Queensland. A minor change must not result in substantially different development and is not publicly notified. A change that does produce substantially different development is an other change, assessed on new application timeframes and possibly notified.[4]
Western Australia. A local government can amend an approval or its conditions where the development stays substantially the same; otherwise a new application may be needed.[5]
South Australia, Tasmania, ACT and Northern Territory. Variation procedures are not covered by the sources compiled here.
When approvals lapse §
| Jurisdiction | Approval | Default period | Extension |
|---|---|---|---|
| NSW | Development consent | Generally 5 years unless physically commenced[1] | Not covered by the sources compiled here |
| Victoria | Planning permit | Usually start within 2 years, complete within 4[2] | Within 6 months after the start date expires, or 12 months after the completion date if works started[2] |
| Victoria | Building permit | Start within 12 months; Class 1 complete within 24 months[3] | Apply to the building surveyor before the permit lapses[3] |
| Queensland | Building work | 2 years to substantially start[4] | Apply before the approval lapses[4] |
| Queensland | Material change of use | 6 years[4] | Apply before the approval lapses[4] |
| Western Australia | Development approval | 2 years to substantially commence (deemed provisions, cl. 71)[5] | Up to 2 years, once, under one council's policy[5] |
| Western Australia | Building permit | Typically 2 years[6] | Form BA22[6] |
| South Australia | Planning or building consent | 24 months to commence; 3 years to complete once started[7] | Not covered by the sources compiled here |
| Tasmania | Planning permit | Base period not covered by the sources compiled here | Extensions up to a total of 6 years to substantially commence[12] |
| Northern Territory | Building permit | 2 years from issue[8] | Apply before expiry[8] |
| ACT | Development approval | Not covered by the sources compiled here | Not covered by the sources compiled here |
The Victorian building-permit rule is the one most likely to catch a modular project: the clock starts when the permit is issued, not when the modules are delivered, and an extension must be sought before the permit lapses.[3]
Practical points §
- Before signing a manufacturing contract, compare the manufacturer's module drawings with the approved plans. Any difference is a question for the certifier or council, not the factory.
- If the supplier changes after approval, assume the plans will change and ask whether a modification is needed before ordering.
- Diary every lapse date — planning and building — and the last day to apply for an extension.
- Ask the certifier or council what counts as commencement on your approval, before relying on site works to keep it alive.[1]
What is not covered here §
Variation procedures in South Australia, Tasmania, the ACT and the Northern Territory, extension procedures for NSW consents and South Australian consents, modification of NSW complying development certificates, and the base lapse period of a Tasmanian planning permit are not covered by the sources compiled here. Contract variations with the builder or manufacturer are a separate matter; see warranties, maintenance and later changes.
Related guides §
- The approval process for a modular home, step by step
- Approval timeframes by state
- Reviews and appeals after a planning decision
- Who inspects and certifies a factory-built home
Sent to info@modularlivingaustralia.com.au and handled by a person. See Privacy.
References §
- Housing Industry Association — Lapsing of development consents (NSW) — a consent generally lapses five years after it starts to operate unless building, engineering or construction work is physically commenced before the lapse date; under clause 96 of the 2021 Regulation, soil-test boreholes, survey work, acoustic testing, ancillary vegetation removal and ground marking do not count as physical commencement for consents granted on or after 15 May 2020. Industry association guidance. hia.com.au/resources-and-advice/getting-approval-to-build/development-and-planning-approvals/articles/lapsing-of-development-consents
- Nillumbik Shire Council (Victoria) — Extend your planning permit — most permits for use or development must start within two years of approval and be completed within four years; extension may be requested while the permit is current or up to six months after the start date expires, or up to 12 months after the completion date where development started before expiry; requests outside these windows cannot be granted and require a new application. nillumbik.vic.gov.au/Develop/Planning/Your-planning-permit/Extend-your-planning-permit
- Victorian Building Authority (trading as Building and Plumbing Commission) — Practice Note BP-07 — Time limits for building work and lapse — under regulation 53 of the Building Regulations 2018 building work must commence within 12 months of the permit being issued; under regulation 54 a Class 1 or 10 building must be completed within 24 months; under regulation 55 the permit lapses if those limits are not met; under regulation 59 an extension may be sought from the relevant building surveyor before the permit lapses, with appeal to the Building Appeals Board if refused. bpc.vic.gov.au/__data/assets/pdf_file/0019/21484/BP-07-Time-Limits-for-building-work-and-lapse.pdf
- Brisbane City Council — Changes to development approvals and extensions of time — where the approval does not state a currency period, a material change of use has six years to start, reconfiguring a lot four years, and building work and operational work two years to substantially start; extension must be applied for before the approval lapses (section 86 of the Planning Act 2016); a minor change (section 81) must not result in substantially different development and is not publicly notified; an other change (section 82) follows new application timeframes and may require notification. brisbane.qld.gov.au/planning-building/applying-post-approval/after-approval/changes-development-approvals-extensions-time
- Shire of Broome (Western Australia) — Local Planning Policy 5.9 Development Approvals (2024) — under clause 71 of the deemed provisions an approval lapses if the development is not substantially commenced within the approval term, which the policy sets at two years from the date of issue; under clause 77 the local government may amend an approval or its conditions where the development remains substantially the same; an extension of up to two years may be requested before expiry, with one extension allowed before a new application is required. One local government's policy. broome.wa.gov.au/files/assets/public/v/1/services/planning/local-planning-polices-and-strategies/5.9-development-approvals-2024.pdf
- Shire of Peppermint Grove (Western Australia) — Building permits — a building permit typically lasts two years; an extension can be sought using form BA22 before or after expiry, and may be refused if the delay is unreasonable or the request is made more than twelve months after expiry. peppermintgrove.wa.gov.au/development/building/building-permits.aspx
- PlanSA (South Australian Government) — News, 12 November 2020 — under the Lapse of Consent or Approval Variation Regulations 2020, planning or building consent is valid for 24 months and applicants have 24 months to substantially commence an approved development; the time to complete remains three years once construction has started. plan.sa.gov.au/news/article/2020/regulation_changes_to_the_extension_of_consent
- Northern Territory Government — Building certification process — building permits are valid for two years from issue and may be extended on application before expiry. nt.gov.au/property/building/build-or-renovate-your-home/building-and-renovating-permits-and-processes/building-certification-process
- NSW Department of Planning, Housing and Infrastructure — Modifications under section 4.55 of the EP&A Act (2026) — section 4.55(1) covers minor errors and changes with no environmental impact (14-day deemed non-refusal period); section 4.55(1A) covers minimal-impact changes where the development remains substantially the same; section 4.55(2) covers other changes where the development remains substantially the same; the comparison is with the original approval; the consent authority determines the application. planning.nsw.gov.au/sites/default/files/2026-03/modifications-under-section-4-55-of-the-epaa-act.pdf
- McCullough Robertson (law firm commentary, 10 September 2026) — Under the NSW Statewide Community Participation Plan, certain modification applications (sections 4.55(1), 4.55(1A), 4.56(1) and 4.55(2)) are excluded from exhibition where the original development was itself excluded. Law-firm publication, not an official source. mccullough.com.au/2026/09/10/nsw-standardises-public-exhibition-rules/
- Victorian Department of Transport and Planning — Planning permits — An application to amend a permit follows the same procedure as an application for a permit (sections 47 to 62 of the Planning and Environment Act 1987). planning.vic.gov.au/__data/assets/pdf_file/0029/5879/3_Planning-Permits.pdf
- Parliament of Tasmania — Clause notes, Land Use Planning and Approvals Amendment Bill (No. 49 of 2024) — Notes that under section 53 of the Land Use Planning and Approvals Act 1993 a planning authority may grant extensions up to a total period of six years to substantially commence a use or development, and that the Bill would allow the Minister a one-off further two-year extension for technical or complex developments, for a temporary period. parliament.tas.gov.au/__data/assets/pdf_file/0022/86080/49_of_2024-Clause-Notes.pdf
Figures are as published by the sources above at their respective dates and are paraphrased summaries, not verbatim reproductions. Verify current pricing and rules directly with builders, lenders and planning authorities.