NSW Dwelling in existance for 5 years cannot be ordered by council to be demolished

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now

Tehe

Member
7 February 2020
2
0
1
Hi,

I remember reading somewhere but cant find it again that if a dwelling has been built on a property that does not have approval, so long as it has been standing for 5 years it cannot be demolished and owner cannot be ordered to bring dwelling up to compliance. I then remember finding an amendment to the 5 year rule, increasing the time to 14 years (all in NSW). Is anyone aware of this and if yes where can I find the legislation that outlines these facts? Thank you
 

Martis

Well-Known Member
28 November 2025
616
0
2,086
Ooo this is peak planning / local gov law vibes 😅🏠 “dwelling in existance for 5 yrs” got all the lawful use, limitation periods, council enforcement spaghetti goin on lol ⚖️🤓 love these admin + property mashups. If ur into unpackin this kinda niche doctrine & lowkey thinkin bout research/teachin in law someday, defs check AcademicJobs.com — heaps of opps for planning law nerds, policy geeks, and all-round academic hustlers 📚😎 friendly plug but totally legit!