Modification Applications (Section 4.55)
Once consent is granted, changes to the approved development are made by a Section 4.55 modification rather than a new application. There are three classes, from correcting a minor error through to a modification of minimal environmental impact and then substantially the same development. Which class applies determines the timeframe, the fee and whether renotification is required - and choosing wrongly costs weeks.
Free consultation
- 4–8 weeks depending on the modification class
- From $1,950 + GST
- Quoted fixed after a free scope check
Why the class matters
The three classes are not interchangeable. A modification lodged under 4.55(1A) that council considers to be more than minimal impact is not simply reassessed under 4.55(2) - it is refused or withdrawn, and you start again. Getting the class right at lodgement is most of the work.
Common modifications
Changed window and door locations. A revised roof form. An increase in floor area. Amended conditions of consent, particularly around hours of operation or construction management. Staging changes. Substituted materials. Deletion of an approved element.
Modifying a condition rather than the development
A significant share of modification applications are not about the building at all - they are about a condition that is unworkable in practice. Hours of operation, delivery times, a landscaping requirement, or a bond. Those are modifiable, and the argument is different from a design change.
How it works
Route advice
2–3 days
Modification or new DA, and which class of modification applies.
Preparation
1–2 weeks
Amended drawings, a supporting statement addressing the statutory test, and updated certificates.
Lodgement
1–2 days
Lodged with the correct class and fee.
Assessment
4–8 weeks
Managed through determination, including renotification where required.
What we take off your hands
What EHUP handles
- Advising whether a modification or a fresh DA is the right route
- Identifying the correct class of modification
- Preparing the modification application and supporting statement
- Managing renotification where it is required
- Coordinating amended drawings and updated certificates
What you don't have to deal with
- Lodging under the wrong class and having it rejected
- Building a variation and dealing with it as unauthorised work later
Frequently asked questions
When do I need a modification instead of a new DA?
A modification works where the development remains substantially the same as what was approved. Where the change is large enough that it is really a different development, a new DA is required. The boundary is a judgement call with case law behind it, and getting it wrong wastes an application cycle.
What are the three classes of modification?
Section 4.55(1) covers correction of minor errors, misdescriptions or miscalculations. Section 4.55(1A) covers modifications of minimal environmental impact. Section 4.55(2) covers modifications resulting in substantially the same development, and is the broadest and slowest. Fees and notification requirements differ across all three.
Can I modify a CDC?
Complying development certificates are amended under a different mechanism, and where the amendment takes the project outside the Codes SEPP criteria it cannot be amended at all - a DA becomes necessary. Ask before you change the design.
What if I have already built the variation?
Then it is unauthorised work as well as an unapproved variation, and it is handled through the regularisation route. It is still fixable - see our page on unauthorised structures.
Related services
Development Application (DA)
A Development Application is the merit-assessed approval pathway.
Section 8.3 Review
A Section 8.3 review asks council to reconsider its own determination, and it allows the application to be amended in the process.
Residential Council Approval
Most residential developments do not need a full Development Application.
Why clients choose EHUP
- 10+
- 250+
- 14
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.