Buying land in NSW is an exciting milestone, whether for your dream home, a granny flat, or a duplex. But before you rush into design ideas or contracts, it is essential to understand the local regulations that determine what you can and cannot build. Ignoring these rules can lead to expensive redesigns, frustrating delays, or even a project that cannot proceed at all.
We spoke with Ryan Giorgiutti, accredited building designer and founder of EzFeasy, who has more than a decade of experience helping homeowners and developers avoid these pitfalls.
Why regulations matter
Every site is subject to planning controls - zoning, setbacks, floor space ratios, heritage restrictions, and more. These determine everything from how close you can build to the boundary, to whether a granny flat or duplex is even permitted.
"I often see people buying land in NSW without fully considering the planning controls and site constraints," Ryan says. "Many assume someone will point out hidden issues, but in NSW it really is buyer beware. Once you've purchased, there's little recourse if restrictions limit what you can build. By the time people realise zoning, setbacks, or overlays block their plans, they may have already spent thousands on contracts and design work."
He recalls one couple who bought near the Hawkesbury River. "On the surface it looked like a bargain with water views and established trees. But it had no town water, no stormwater system, no sewer service, high bushfire risk, slope stability issues, and strict ecological overlays. What seemed like a dream site quickly became a costly mistake."
Councils aren't always much help
It's natural to think you can just ring up the council and ask, but that's not always straightforward. Councils typically adopt a non-advisory stance, referring you to planning documents or suggesting you engage a consultant. Even then, the answer you get can depend on which department you reach.
"When buying land in NSW, many people assume the council will provide clear answers about what they can build," Ryan explains. "In reality, the advice is often vague, inconsistent between departments, or deliberately limited to avoid liability. The person on duty might even be a junior planner or student, doing their best but not giving the full picture. And councils will usually only talk about their own DA process, not whether a complying development certificate or state pathway could be quicker or more flexible."
Common constraints to look out for
While zoning and setbacks are the obvious ones, several other overlays and requirements regularly catch people out:
Stormwater and drainage
In older suburbs, many blocks don't have a clear drainage easement. Adding a granny flat or secondary dwelling can be impossible without expensive agreements over a neighbour's property. Each council also has different stormwater policies - some allow on-site absorption, others insist on gravity drainage to the street.
Flooding
Being in a flood-affected area doesn't always mean you can't build - but it does mean you'll face stricter requirements. Depending on the flood category, your home might need to sit higher above natural ground, adding cost and complexity.
Bushfire risk
Sites mapped as bushfire-prone are assessed with a 'Bushfire Attack Level' (BAL). At the higher end (BAL-40 or Flame Zone), construction costs can increase significantly due to requirements for non-combustible materials, ember protection, and specialist reports.
Heritage and environmental controls
In some areas, demolition or certain alterations are restricted, while in conservation zones, dwellings may only be allowed on lots with an existing residential footprint.
A real-world example
Ryan recalls a client who wanted to build near a local park. "On the surface, it looked like the perfect block - great location, plenty of room. But when we ran a feasibility check, we uncovered zoning restrictions that made any meaningful development impossible. Without that check, they would have bought a property that seemed ideal but offered very little potential."
Don't assume someone else will handle it
It's easy to assume your architect, building designer, or builder will pick up on these issues. And while experienced professionals often do, the timing is the problem. If you've already purchased the site, you may only discover constraints once plans are drawn or approvals are lodged - by then, you've already invested significant time and money.
"We are yet to meet another professional who does site checks and feasibility to the level of detail that we do," Ryan says. "Most will quote a project as if it's a standard build, without thoroughly reviewing the site. That makes the upfront price look attractive, but once approvals are sought, costs can double or triple depending on site constraints. That's why a detailed feasibility check before buying land in NSW is essential."
How to protect yourself
- Check planning controls before you buy - not after.
- Don't rely on council for clear answers - they may point you in circles.
- Get expert help - whether through a town planner, designer, or services like EzFeasy that package everything into a simple feasibility report.
- Treat feasibility like a building inspection - you wouldn't buy a house without checking for termites; don't buy land without checking for planning 'deal breakers'.
As Ryan puts it: "Buying land in NSW is likely the single biggest investment most people will ever make. Doing your homework upfront protects your finances, your timeline, and your peace of mind."
Final thoughts
Understanding local regulations might not be glamorous, but it's one of the smartest steps you can take before committing to a property or project. Doing your homework upfront gives you clarity, avoids costly surprises, and ensures you're designing within what's possible.
At Build Index, our goal is to help homeowners cut through the complexity and make informed decisions. Partnering with experts like Ryan at EzFeasy gives you confidence that your dream project won't turn into an expensive headache.