Answer first: A design verification statement is a signed statement by a NSW registered architect confirming they designed, or directed the design of, an apartment development and explaining how it meets the nine Housing SEPP design principles and the Apartment Design Guide objectives. It must accompany the DA, most modifications, and is needed again before the construction and occupation certificates.
By: giantA Pty Ltd · Updated 10 November 2026
For a residential flat building, shop top housing or mixed use building with apartments in NSW, the design verification statement is one of the few DA documents that must be signed by a specific professional. This guide explains when it is required, what it must say, who can sign it, and how to stop it causing an RFI or a stalled modification.
What is a design verification statement?
A design verification statement (often shortened to DVS, and still sometimes called a "SEPP 65 statement") is the qualified designer's statement required by section 29 of the Environmental Planning and Assessment Regulation 2021 for a development application that relates to residential apartment development. Under section 29, the statement must:
- verify that the qualified designer designed, or directed the design of, the development; and
- explain how the development addresses the design principles for residential apartment development, and the objectives in Parts 3 and 4 of the Apartment Design Guide (ADG).
The Regulation defines a qualified designer as a person registered as an architect under the Architects Act 2003, so the statement is signed by a NSW registered architect with their registration number. A building designer, drafter or planner who is not registered cannot sign it.
Where the DA is accompanied by a BASIX certificate, section 29 says the design principles do not need to be addressed to the extent they aim to reduce mains water use or greenhouse gas emissions, improve thermal performance, or quantify and report embodied emissions. For the rest of the lodgement package, see our guide to every document you need before lodging a DA.
Where did SEPP 65 go?
Many DCPs still refer to "SEPP 65". On 14 December 2023 the NSW Government consolidated the provisions of State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development into Chapter 4 of the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) and the EP&A Regulation 2021. The Department of Planning, Housing and Infrastructure states that the consolidation does not affect the operation of the provisions or the Apartment Design Guide.
The nine principles now sit in Schedule 9 of the Housing SEPP, and the DVS requirement lives in section 29 of the Regulation. A statement that cites only SEPP 65 signals an out-of-date template.
Which developments need a design verification statement?
The statement is required whenever the DA relates to residential apartment development, which is the development Chapter 4 of the Housing SEPP applies to. According to the Department's guidance, Chapter 4 and the ADG apply to residential flat buildings, shop top housing and the residential component of mixed use development where the building:
- is three or more storeys (not counting underground car parking storeys); and
- has four or more dwellings; and
- involves the erection of a new building, the substantial redevelopment or refurbishment of an existing building, or the conversion of an existing building.
The July 2026 practice note adds that Chapter 4 does not apply to boarding houses or co-living housing unless a local environmental plan says those uses are residential apartment development, to development comprising only Class 1a or 1b buildings under the Building Code of Australia, or to land covered by Chapter 4 of the State Environmental Planning Policy (Precincts – Regional) 2021. The Department's Better Apartments page adds that, unless an LEP says otherwise, Chapter 4 does not apply to serviced apartments.
So a three-storey building with three apartments sits outside Chapter 4, while a three-storey shop top building with four apartments is inside it. For pathways, see our guide to DA vs CDC pathways for Class 2 apartment buildings is a good starting point.
When is a design verification statement required? DA, modification, CC and OC
The same design quality test follows the project through four stages.
| Stage | Legal source | What the qualified designer must verify |
|---|---|---|
| Development application | EP&A Regulation 2021, s 29 | They designed, or directed the design of, the development, and an explanation of how it addresses the Schedule 9 design principles and the objectives in ADG Parts 3 and 4. |
| Modification under s 4.55(2) or s 4.56(1) | EP&A Regulation 2021, s 102; Housing SEPP s 146 | They designed, or directed the design of, the modification; whether they also designed the original development; how the development addresses the design principles and ADG objectives; and that the modification does not diminish or detract from the design quality, or compromise the design intent, of the original development. |
| Construction certificate | EP&A (Development Certification and Fire Safety) Regulation 2021, s 15 | The building work plans and specifications achieve or improve the design quality of the development that was granted consent, having regard to the design principles. The certifier must not issue the CC without this statement. |
| Occupation certificate | EP&A (Development Certification and Fire Safety) Regulation 2021, s 43 | The completed development achieves the design quality shown in the plans and specifications for which the construction certificate was issued, having regard to the design principles. The certifier must not issue the OC without this statement. |
Section 102 also requires the additional fee in Schedule 4 of the Regulation, and sections 29 and 102 note an additional fee when an application is referred to a design review panel. Check your council's current fee schedule.
Because the CC and OC statements link back to the consented design, losing balcony depth, ceiling height or landscaping during documentation creates a problem for the architect asked to sign later. Our construction certificate guide explains the wider CC process.
What are the nine design principles a DVS must address?
The ADG explains how to apply the nine Schedule 9 principles, with objectives, design criteria and guidance for siting the development (Part 3) and designing the building (Part 4). A strong DVS answers each principle with evidence from the drawings.
| Design principle (Schedule 9) | What assessors typically look for in the DVS and plans |
|---|---|
| 1. Context and neighbourhood character | Site analysis: response to the street, neighbours, topography and desired future character. |
| 2. Built form and scale | Height, bulk, setbacks and articulation relative to neighbours and the public domain. |
| 3. Density | Apartment numbers relative to site capacity, infrastructure, transport and FSR. |
| 4. Sustainability | Passive design, cross-ventilation and daylight (BASIX-covered matters need not be repeated). |
| 5. Landscape | Deep soil, communal open space and planting. See our landscape plans guide. |
| 6. Amenity | Solar access, ventilation, apartment size, ceiling heights, storage, private open space and privacy. |
| 7. Safety | Passive surveillance, clear entries and defined public and private space. |
| 8. Housing diversity and social interaction | Apartment mix and communal spaces. |
| 9. Aesthetics | Composition, materials and contribution to the streetscape. |
Amenity is where most RFIs land, so we prepare the ADG solar analysis alongside the shadow diagrams rather than as a separate afterthought.
How much weight does the Apartment Design Guide carry?
The Department's practice note Using the Apartment Design Guide, issued 1 July 2026, replaces Planning Circulars PS 15-002 and PS 17-001. It confirms:
- The ADG has legal force through Chapter 4 of the Housing SEPP, but it is a guide. Apart from the non-discretionary development standards, it is not intended to be applied as a set of strict development standards.
- Objectives come first. The design criteria and guidance are examples of how to satisfy the objectives, not the only way. Consent authorities should consider whether alternative design measures satisfy the objectives, rather than simply checking compliance with the numbers.
- Three non-discretionary standards. Section 148 of the Housing SEPP identifies car parking, the internal area of each apartment and ceiling heights. If a proposal complies with these, they cannot be used as grounds to refuse it.
- The ADG overrides inconsistent DCP controls. A DCP requirement relating to the matters in section 149 of the Housing SEPP has no effect where the ADG also deals with the same matter. The practice note lists visual privacy, solar and daylight access, common circulation and spaces, apartment size and layout, ceiling heights, private open space and balconies, natural ventilation and storage.
So where your design meets an ADG design criterion, point to the drawing. Where it does not, explain the alternative design response and how it still achieves the objective. Departing from an ADG criterion is not the same as breaching an LEP development standard, which needs a separate written request; see our guide to clause 4.6 variations covers that process.
How do design review panels use the statement?
Design review panels are made up of design experts who advise consent authorities on the design quality of apartment applications, with reference to the nine design principles and the ADG. Under sections 145 to 147 of the Housing SEPP, DAs and modification applications for residential apartment development (other than State significant development) must be referred to the panel before determination, unless a panel has not been constituted for the local government area or a competitive design process has been held. The panel's advice is a relevant consideration for the consent authority.
The practice note says panel recommendations can sometimes contradict individual ADG provisions where that achieves a better design outcome, but cannot be inconsistent with the section 148 standards. Part 5 of the ADG explains panel procedures.
The panel reads the DVS as the architect's design argument, so explain the key moves (why the building steps down to the neighbour, why communal open space faces north) rather than ticking boxes. If your council offers pre-lodgement design review, use it; see our guide to pre-DA meetings.
What happens when the architect changes before a modification?
Projects are often sold with consent or change design teams. When a section 4.55(2) or 4.56(1) modification is lodged, section 102 requires the new statement to say whether the qualified designer also designed, or directed the design of, the original development.
If it does not, section 146 of the Housing SEPP requires the consent authority to refer the modification to the design review panel before determining it, unless no panel is constituted for the area or a competitive design process was held. The panel must then advise whether the modification diminishes or detracts from the design quality, or compromises the design intent, of the original development. Council can also refer any apartment modification to the panel.
That referral adds time, so brief any new architect on the original design intent early. Our section 4.55 modification guide explains the modification pathways themselves.
How is a DVS different from a DBP Act design compliance declaration?
Apartment buildings are Class 2 buildings, so they also fall under the Design and Building Practitioners Act 2020. The documents below are easy to confuse.
| Document | What it covers | Who signs | When |
|---|---|---|---|
| Design verification statement | Design quality: the nine Schedule 9 design principles and the ADG objectives. | Qualified designer (NSW registered architect). | DA, s 4.55(2)/4.56(1) modifications, before the CC and before the OC. |
| Design compliance declaration (DBP Act) | Whether a regulated design complies with the Building Code of Australia and other prescribed requirements. | Registered design practitioner in the relevant class. | When regulated designs are ready for building work, and for variations during construction. |
| Low-rise design verification statement template | A separate Department template for dual occupancies, manor houses and multi dwelling housing (terraces) against low-rise design criteria. | The building designer or architect named on the form. | Low-rise housing applications, not apartment buildings under Chapter 4. |
NSW Government guidance confirms a certifier cannot issue a construction certificate for regulated work without the declared designs it requires. That sits alongside the section 15 DVS, not instead of it. See our guides to the Design and Building Practitioners Act, registered design practitioners vs architects and Class 2 occupation certificates.
Step-by-step: how we prepare a design verification statement
- Confirm Chapter 4 applies: storeys (excluding underground car parking), dwellings, land use and any LEP provisions.
- Appoint the qualified designer early. The signing architect must genuinely design or direct the design.
- Prepare the site and context analysis from an accurate detail and level survey.
- Test the ADG numbers during massing: solar access, cross-ventilation, separation, deep soil and communal open space.
- Use pre-lodgement design review where offered and record how the design responded.
- Write the statement principle by principle, citing drawing numbers and the ADG compliance table.
- Explain departures from design criteria and how each objective is still achieved.
- Align it with the Statement of Environmental Effects so the two do not contradict.
- Sign, date, add the registration number and lodge on the NSW Planning Portal.
- Track design changes so the CC and OC statements can be signed without surprises.
Common mistakes that trigger RFIs
- Wrong signatory: a planner, drafter or director who is not a registered architect.
- Generic boilerplate with no reference to the drawings or site, or references only to SEPP 65.
- No ADG compliance table, or design criteria that are not met and not acknowledged.
- Modification statements that do not say whether the designer did the original design.
If an RFI arrives, respond with amended drawings and an updated DVS; see our guide to requests for additional information.
Frequently asked questions
Who can sign a design verification statement in NSW?
Only a qualified designer, which the EP&A Regulation 2021 defines as a person registered as an architect under the Architects Act 2003. They must have designed, or directed the design of, the development. Building designers and planners who are not registered architects cannot sign it.
Does my three-storey building with three units need a DVS?
Generally no. Chapter 4 of the Housing SEPP applies to buildings of three or more storeys (excluding underground car parking) that also have four or more dwellings. A building with three dwellings does not meet the dwelling threshold, although council's DCP controls still apply.
Is a design verification statement the same as a SEPP 65 statement?
Yes, in substance. SEPP 65 was consolidated into Chapter 4 of the Housing SEPP and the EP&A Regulation 2021 on 14 December 2023. The requirement now sits in section 29 of the Regulation, and the design principles are in Schedule 9 of the Housing SEPP.
Do I need a new DVS for a section 4.55 modification?
For a section 4.55(2) or 4.56(1) modification of an apartment consent, yes. Section 102 of the Regulation requires a statement that also verifies whether the designer did the original design and that the change does not diminish design quality or compromise the design intent.
Can council refuse a DA because it does not meet every ADG design criterion?
The ADG is a guide, not a set of strict standards, except for the non-discretionary standards in section 148. The July 2026 practice note says consent authorities should consider whether alternative design measures satisfy the objectives. Council can still refuse a design that does not achieve them.
Does the certifier need anything from the architect after the DA?
Yes. Under the Development Certification and Fire Safety Regulation 2021, the certifier must receive a qualified designer's statement before issuing the construction certificate (section 15) and before issuing the occupation certificate (section 43).
How giantA can help
We design and document apartment, shop top and mixed use projects across Sydney, and our team includes a NSW registered architect who can lead the design and sign the design verification statement at DA, modification, CC and OC stages. We test the ADG from the first massing study and stay involved through documentation. Explore our architectural services, read our Class 2 apartment design guide, use our DA and CDC checklist, or talk to us about your site.
Preferred sources (verify current versions)
- NSW Department of Planning, Housing and Infrastructure – Practice Note: Using the Apartment Design Guide (issued 1 July 2026)
- NSW Planning – Apartment Design Guide
- NSW Planning – Better apartments (Chapter 4 of the Housing SEPP and design review panels)
- NSW Legislation – Environmental Planning and Assessment Regulation 2021 (ss 29 and 102)
- NSW Legislation – State Environmental Planning Policy (Housing) 2021 (Chapter 4 and Schedule 9)
- NSW Legislation – Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (ss 15 and 43)
- NSW Planning – Design Verification Statement Template (low-rise housing development applications)
- NSW Government – Design practitioner obligations when working on regulated buildings
- NSW Planning Portal – Local development (Online DA)