Left in the Dark: The Hidden Costs of Inadequate Lighting in NSW Off-the-Plan Properties

Updated 31 October 2026

Off the Plan Potential Problem #43: Inadequate Lighting

What should you check about lighting before buying off the plan?

Check the proposed apartment’s orientation, windows, room depth, surrounding buildings and specified light fittings before exchanging contracts. Ask for evidence about your particular lot, including winter sunlight and expected overshadowing. A bright display suite or computer-generated image cannot establish what you will receive, and inadequate lighting does not automatically entitle you to cancel.

• Confirm the apartment number, floor, orientation and window dimensions on the contractual plans.
• Ask for the approved solar-access analysis and explanations of neighbouring development.
• Check which light fittings are included, their locations and any substitution rights.
• Have your lawyer review important assurances and available remedies before you commit.

How do daylight, direct sunlight and electric lighting differ?

Daylight includes diffuse light from the sky, while direct sunlight reaches a room without intervening obstruction. Electric lighting provides illumination through installed fittings. An apartment may have useful daylight without much direct sun, or enough electric light while remaining disappointing during the day. These differences determine the documents, measurements and expert advice you need.

Does NSW require every apartment to receive two hours of sunlight?

The Apartment Design Guide assesses solar access across a development; it does not promise two hours of direct sunlight to every apartment. Buyers should ask which category their own lot falls into. Planning approval, the applicable controls and any accepted design alternatives need to be examined before treating a sunlight shortfall as unlawful.

Part 4A of the guide sets a criterion of at least 70% of apartments having living rooms and private open spaces receive two hours’ direct sunlight between 9 am and 3 pm at midwinter (21 June) in metropolitan Sydney and the Newcastle and Wollongong local government areas. Elsewhere in NSW, the criterion is three hours. Another criterion limits apartments receiving no direct sunlight during that period to 15%.

The July 2026 practice note explains that the guide generally is not a set of strict development standards. Alternative designs may satisfy its objectives. Obtain advice about the approval for the particular building.

Which building standards apply to lighting?

The National Construction Code sets minimum lighting requirements according to building classification, room use and the applicable compliance pathway. Its requirements are separate from planning approval and contractual promises. Ask an appropriately qualified consultant to identify the relevant code edition and assess the actual design; there is no universal rule requiring every room to face north.

NSW guidance identifies NCC 2022 Amendment 2 as current, with NCC 2025 due for adoption on 1 May 2027. A project’s applicable edition depends on its certification circumstances. Volume One’s lighting provisions address natural and artificial light differently. Meeting a minimum standard does not establish that the apartment meets your personal expectations.

Which documents should your lawyer and consultant examine?

Obtain the sale contract, disclosure statement, draft plans, schedule of finishes and available approved architectural drawings before signing. Ask for elevations, window details, solar studies and the electrical lighting layout. These documents help distinguish an enforceable specification from an impression created by marketing, and reveal where the developer retains discretion to change the design.

Check balcony overhangs, privacy screens, glazing tint and deep internal rooms. Ask whether nearby approved or proposed buildings were included in the shadow analysis. North-facing windows can help, but orientation alone cannot overcome substantial obstruction. Request written, lot-specific answers and have essential promises incorporated into the contract where possible; a display apartment may have different conditions.

Can misleading marketing support a claim?

Misleading statements or images about a proposed apartment may support legal action, but the result depends on the representation, its context, reliance and the remedy sought. Contractual obligations must also be examined. Preserve brochures, renders, emails and written answers showing what was promised and why the feature mattered to your decision to purchase.

A label such as “artist’s impression” does not automatically resolve liability. Equally, a photograph that looks bright does not establish a promise of particular sunlight hours. Ask precise questions about windows, obstructions and winter conditions. Your lawyer should consider the whole transaction and identify the responsible party before alleging misleading conduct or demanding compensation.

What does Ripani v Century Legend show about off-the-plan marketing?

Ripani v Century Legend Pty Ltd (No 4) shows that a misleading design image can have serious legal consequences where purchasers relied on it. The dispute concerned a Melbourne apartment’s opening onto a terrace. It provides a useful lesson about marketing evidence, although it did not decide a lighting complaint or NSW statutory disclosure rights.

In Ripani v Century Legend Pty Ltd (No 4) [2024] FCA 1211, a render depicted a large unobstructed opening that the developer knew could not be built. Following a 2022 appeal and limited retrial, the Federal Court found continuing reliance when the contract became unconditional and held that the contract should be rescinded; the developer’s separate claim failed. Contractual disclaimers had not erased the misleading impression. The outcome depended on the evidence, rather than disappointment with the finished apartment alone.

What if the developer changes windows, layout or finishes?

A change affecting lighting may engage NSW off-the-plan protections if it makes a disclosed material particular inaccurate and adversely affects the lot’s use or enjoyment. Statutory rescission requires material prejudice and proof that you would not have contracted had you known. Send every change notice to your lawyer immediately, even while construction continues.

For contracts entered into from 1 December 2019, the Registrar General’s guidance explains the 14-day period following the relevant change notice or registered-plan service. Eligible buyers may instead claim compensation up to 2% of the purchase price, within that period and before completion. This is a specific alternative to rescission, not a general damages ceiling. Do not wait for the final inspection to obtain advice.

How should you inspect lighting before settlement?

Arrange access for an independent inspection and tell the consultant exactly what concerns you. Record conditions with lights both on and off, where practicable, noting the date, time and weather. Compare completed windows, screens and fittings with the documents. Photographs support the record, but a single visit cannot establish annual daylight performance or legal noncompliance.

A general building inspection may exclude electrical systems and is not a certificate of legal compliance. An architect or lighting specialist may need to assess daylight, overshadowing or measured illumination. Give the report to your solicitor promptly. Do not withhold settlement funds or refuse completion without advice about the contract and legal consequences.

Who handles dark corridors, stairwells or car parks?

Lighting in shared corridors, stairs and car parks usually involves common property and should be raised promptly with the strata manager or owners corporation. Identify whether the concern involves failed fittings, poor design, controls or emergency lighting. Responsibility depends on the strata plan, by-laws and installation, and urgent safety concerns require prompt attention.

The NSW strata repairs guidance explains the owners corporation’s common-property obligations. Ask for a qualified electrical assessment and relevant maintenance records. A defect claim against the builder and the owners corporation’s maintenance duties may both require attention. Do not alter shared fittings, windows or external walls without checking approvals and responsibility.

What remedies and deadlines apply after a lighting problem is found?

The appropriate response may involve contractual rectification, a statutory warranty claim, misleading-conduct proceedings or a common-property repair request. A dim room is not automatically defective work, and an expensive problem is not automatically a major defect. Obtain evidence identifying the relevant obligation, the departure from it and a practical remedy before selecting a legal pathway.

Building Commission NSW offers a complaint process. Statutory warranty proceedings generally have six years for major defects and two years for other defects from completion, with a limited extension where a breach becomes apparent in the final six months. A complaint does not stop time running. NCAT has jurisdiction and procedural limits; your lawyer should identify the correct respondent, forum and deadline.

How can you manage the costs and protect your position?

Assess the practical cost of the lighting problem before choosing a response. Obtain quotations for feasible improvements and advice about approvals, common-property impacts and any claimed reduction in value. Additional fittings may improve everyday use but cannot reproduce direct sunlight. Avoid assuming that a particular percentage discount, compensation amount or litigation outcome will follow.

Keep reports, quotes, invoices and correspondence together. Discuss negotiated rectification, a documented allowance or other lawful options with your solicitor. Contact Christine Manolakos and CM Lawyers for contract review and advice about changes, settlement obligations or a dispute. Legal advice and a properly scoped technical assessment should work together before you act.

General information, not advice about your circumstances. Have a property lawyer check your contract and circumstances, and obtain appropriate technical advice before you act.

Key resources

• NSW Apartment Design Guide, Part 4 — solar access, daylight and apartment design.

• Using the Apartment Design Guide — July 2026 guidance on applying its criteria.

• NSW National Construction Code guidance and lighting provisions — applicable editions and technical requirements.

• Registrar General’s off-the-plan guidance — disclosure, changes and buyer remedies.

• NSW property inspection guidance — inspection scope and limitations.

• Building Commission NSW complaints — defect complaints and statutory warranty time limits.

• NCAT home building guidance — jurisdiction, applications and procedures.

• NSW strata repairs and maintenance — responsibility for common property.

• Ripani v Century Legend Pty Ltd (No 4) [2024] FCA 1211 — judgment on misleading apartment marketing.

• CM Lawyers — Off-the-plan purchases — contract review and conveyancing for off-the-plan buyers.

• CM Lawyers — Property contract reviews and fees — Have the contract reviewed before you sign or bid.