Property owners and businesses often assume that changing how a building or piece of land is used is an internal decision. In many cases, however, this shift can trigger planning or building approval requirements.
In this blog, we will look at what counts as a change of use, when it applies, and when approval may be needed. We will also cover how the requirements can differ between states and territories.
What Is a Change of Use?
A change of use, also known as a material change of use in Queensland, refers to a change in how land or a building is used that may require planning or development approval. Usually, this is more than just a minor change to how a space is used. Whether a change counts as a material change of use depends on how the property is currently used, how it will be used, and the planning rules that apply.
What Constitutes a Change of Use?
Certain types of changes may be considered a change of use. Common examples include:
- Changing an existing premises from one type of business use to another, such as converting a retail shop into a restaurant
- Changing the use of a property from residential to commercial
- Changing the purpose for which an existing building is used, without necessarily carrying out significant building work
- Introducing a new use that changes the planning considerations for the property, such as parking, traffic, or other impacts
- Changing the use of a building in a way that may also require changes to meet the building requirements that apply to its new use under the NCC
These examples do not automatically mean that development approval is required. The applicable planning scheme and other planning controls determine how the proposed use is assessed.
Does Every Change in Usage Count as a Change of Use?
Not every change of use requires the same type of planning approval. The requirements can depend on:
- The existing lawful use of the property
- The proposed use
- The planning scheme and other planning controls that apply to the property
- The property’s zoning
- The location of the property
- The scale and nature of the proposed use
- Any relevant building requirements, including the building’s classification under the NCC
This is why the requirements for a change of use can vary from property to property. A change that requires development approval in one council area might not require approval in another, even within the same state, depending on the planning controls that apply to the property.
Does a Change of Use Require a Permit?
There is no single approval process for a change of use across Australia. The requirements depend on the state or territory and the nature of the proposed development. Depending on the jurisdiction, the process may involve:
- Development consent
- Planning approval or development approval
- A development application
- A complying development pathway, where available and the proposal meets the required criteria
- A building permit
- A construction certificate
- An occupation certificate
Not all of these are required for every project. In some cases, a change of use may only require planning approval. Changes may be required if they involve building work, separate building approval, or certification.
How Do Requirements Differ Between States?
The requirements for changing the use of a property vary across Australia. The required approval depends on the state or territory, the proposed use, and the planning controls that apply to the property.
Queensland
Queensland’s planning system operates under the Planning Act 2016, which refers to this concept as a material change of use. There are three categories of development: prohibited, assessable, and accepted. Assessable development requires development approval, whereas accepted development does not. Whether a material change of use needs approval depends on the planning rules that apply to the property, including the local planning scheme.
New South Wales
Some changes of use in New South Wales are exempt from planning approval. If a change of use is not exempt, planning approval is required through either a complying development certificate or a development application, depending on the applicable requirements.
Victoria
Victoria uses planning schemes to control the use and development of land. A planning permit is not always needed when changing the use of a property. Some changes of use can happen without a permit if the conditions in the planning scheme are met, while other uses require a planning permit or are prohibited.
Australian Capital Territory
In the Australian Capital Territory, land use and development are regulated through planning legislation and planning policy. All land in the ACT is zoned and can be used for different purposes. Some developments do not require a development application if they meet the relevant exemption requirements, while others do.
Key Takeaway
So, what is a change of use? It is a significant change in how land or a building is used. Whether a particular change is considered material and which approval process applies depends on the property, the proposed use, and the planning and building rules that apply in that location.
If you’re planning to change the use of a property and are unsure what approvals may be required, Professional Certification Group can help. Our team provides building certification, approvals, inspections, and building code advice for commercial, industrial, multi-residential, and fitout projects.