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

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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
342
0
586
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!