If you are renovating, building a granny flat or a new house in NSW, you’ve probably come across the term Complying Development Certificate (CDC) being thrown around. And in many ways, it is — a CDC can have your project approved in weeks rather than months. However, that is only the case when you get your application right initially.

Unfortunately, Complying Development Myths abound amongst homeowners, builders and even amongst some tradespeople – and making the wrong decision on this information is one of the most frequent causes of stalled or even outright rejections of applications. We’ve identified five common misconceptions which people fall for, and what it is actually according to the NSW planning rules.

Myth 1: Any property can get a Complying Development Certificate

This is a very common misconception. There is no more, no less, than a complying development certificate will be issued when your land and design meet all of the criteria under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

A number of sites are excluded automatically, such as those heritage listed or located within a heritage conservation area, areas mapped as having a high bushfire attack level (BAL-40 or Flame Zone), flood-control lots and land impacted by certain environmental overlays and easements. Zoning also counts, as long as it’s a standard residential zone, but not if it’s an environmentally sensitive zone.

The solution: Prior to you falling in love with a design, get a Section 10.7 Planning Certificate for your property. It will tell you what controls are in place on your land (zoning, heritage, bushfire, flood etc.) before you start spending money on drawings.

Myth 2: Complying Development is Essentially the Same as Exempt Development

They’re not and mixing them up can be a big issue. Exempt development is real development, such as a small garden shed, that does not require any formal approval and there are very specific requirements as far as size and location are concerned. Complying development is larger, more significant projects, such as new dwellings, alterations, granny flats, pools, and more and will need a formal sign-off from a certifier before work begins.

The approval of a complying development project as if it has no restrictions, and the commencement of works without obtaining a certificate, constitutes unauthorised development. Councils actively pursue unapproved building work and fines for individuals can exceed six or seven figures under the Environmental Planning and Assessment Act 1979, and can increase daily for any building work that is continued. This is an expensive one to make.

Myth 3: My Neighbour was Approved for Something Similar, So I Will be Too

Each CDC evaluation is a box-by-box examination of your particular land and design, not the evaluation of what’s next door. Neighbouring blocks may be of different size, with different setback requirements, different overlays, even different bushfire mapping, despite having an appearance from street level that they are very similar. What was approved for one property doesn’t guarantee approval for another.

This myth is particularly dangerous when it comes to granny flats and dual occupancies because minimum lot size, width and site coverage regulations are worked out exactly on a per lot basis.

Myth 4: Having a Private Certifier is a Formality — Approval is Basically Guaranteed

A private certifier is not a rubber stamping machine. They are tasked with thoroughly reviewing your plans against the relevant Codes SEPP, Building Code of Australia and any site-specific requirements such as bushfire/flood. In the event that documentation is incomplete, or a single measurement is off scale, they must issue a Request for Information or they cannot approve it; it is legally required that it be fully compliant.

That’s why incomplete architectural drawings are among the most frequent reasons for delay. When you work with an experienced certifier that Sydney homeowners trust, it means that there’s less of a surprise when you submit the application for certification, as an experienced private certifier will highlight the problems before they are submitted rather than after.

Myth 5: After Obtaining a CDC, I Don’t Need to Look Into Anything Else

Approved CDC is a go-ahead to “go” — NOT a go-ahead to construct as you see fit thereafter. Conditions on complying development approvals include the protection of neighbouring properties during works, erosion and sediment control and construction hours. Anything that goes ‘off plan’ – even a minor change – may result in a compliant project becoming an unauthorised one, which will need retrospective approval, or be expensive to correct.

Key Takeaways

However, not all properties are suitable for a complying certificate, as there can be various factors such as heritage, bushfire or flood restrictions, or zoning restrictions that render a property unsuitable for the certificate in full.

There are two different legal tracks: complying development and exempt development and there are different consequences of getting it wrong.

Appraisal is based on the outcome you will achieve according to your own site, rather than your neighbour’s.

A private certifier needs to evaluate against the Codes — one of the major reasons for delays is that the documentation is incomplete and/or inaccurate.

Approval is subject to conditions and further work not in line with the approved plans may lead to breaches.

Getting a complying development certificate approved without delays comes down to knowing which myths to ignore and which rules genuinely apply to your site. At AllCert Group, our team works as your CDC certifier Sydney wide, checking your plans against every relevant requirement before lodgement — so your application moves fast, the first time. Get in touch with our certifiers to check your project’s eligibility today.

Frequently Asked Questions (FAQs)

Q. What is a Complying Development Certificate (CDC)?

A combined planning and construction approval issued under the Codes SEPP which allows some straightforward projects to qualify for a CDC and skip the regular Development Application process.

Q. Can I apply for a CDC if my land is in a bushfire risk area?

Sometimes. Sufficient compliance development can occur on land with a Bushfire Attack Level up to a certain limit but further details are provided for land classified as BAL-40 or Flame Zone and require a Development Application.

Q. How do I know if my property is eligible for complying development?

Sometimes. Complying development is possible on bushfire-prone land up to a certain Bushfire Attack Level, but land classified as BAL-40 or Flame Zone is excluded and requires a Development Application instead.

Q. What happens if my CDC application is rejected?

If you have concerns with CDC you may be able to alter your plans and resubmit, or you may be able to convert to a standard Development Application for your site or design if it does not meet CDC requirements.

Q. Even if my project does not appear complex, do I still need a certifier?

Yes. Simple projects still need to be formally evaluated and certified prior to commencing work or fines and enforcement will be received.

The term “CDC” is likely to come up if you’re considering building a new home, creating a granny flat, or renovating your home in New South Wales. So, what is a complying development certificate, and why do all the experts seem to be pushing it as opposed to the standard council process?

Simply put, a complying development certificate NSW approval is a quick track that allows you to avoid the tedious council Development Application (DA) process if your project adheres to a defined set of requirements. It streamlines the planning and construction approvals process into one document, resulting in less paperwork, fewer delays and a much quicker start to your build.

We’ll cover all the information you’re looking for in simple terms, how it works, who’s eligible to get a development certificate, and how AllCert Group can help you obtain your complying development certificate in Sydney without the hassle.

What is a Complying Development Certificate (CDC)?

The complying development certificate (CDC) is a building approval type that is applied statewide in NSW for simple residential, commercial and industrial developments. Your plans are reviewed through a checklist of requirements, rather than a full council DA, and are considered against matters such as building height, setbacks, site coverage, floor area etc. If your project meets all the boxes, it’s approved.

By combining planning and construction requirements in one application, a CDC eliminates the need to wait for two approvals. It’s one of the top advantages for homeowners and builders around the state who have projects that meet the criteria.

The CDC may be provided by your local council or by an accredited private certifier (a certifying authority). The reason most people opt for a private certifier is because they tend to be more predictable, with a quicker outcome.

What is a Complying Development Certificate Sydney Application?

The application for a complying development certificate NSW is intended to be an easy and predictable process. It works as follows:

1. Check your eligibility – Your certifier will compare your proposed project with the appropriate State Environmental Planning Policy (SEPP) that outlines the development standards for your area.
2. Organise your documents – These include site plans, architectural drawings, and in some cases a certificate of title and structural plans and other supporting documents.
3. Make an application – Applications are made via the NSW Planning Portal and a certifier checks all the application against the Building Code of Australia.
4. Answer any requests – If anything is missing or not clear, the certifier may send back a Request for Information before proceeding.
5. Get your CDC – If all is well, your building compliance certificate Sydney or NSW application will be granted and you will be legally able to begin building.
6. Construction inspections – Your certifier will conduct required inspections at certain points to ensure the construction is completed as per the plans.
7. Occupational Certificate – After construction, a final certificate will be issued to verify that your building is ready to use or move into.

This path typically takes much less time than a regular DA. A CDC may be approved in as little as 10-20 business days, depending on the complexity of the project, compared to a typical development application, which takes about 70 days to be determined.

Complying Development Certificate vs Development Application

Many people are confused about the difference between a CDC and DA, so this is the easiest way to understand it:

• Development Application (DA): For more complicated or special projects. It goes through council assessment and may also have a public notification period, and can take a long time to be approved.
• Complying Development Certificate (CDC): For projects that already comply with planning and building regulations. It does not go through the council assessment process and is instead dealt with by a certifier.

A complying development certificate NSW pathway will almost invariably be quicker and cheaper than a DA, if your project conforms with the criteria outlined in the relevant codes. However, those projects that are on a site within a heritage listed area, within a conservation area or have unusual site constraints are unlikely to qualify and may require a full DA.

What are the types of projects that are eligible for a CDC?

There are many kinds of projects in NSW that can apply to a complying development certificate, such as:

• New single and two-storey houses
• Renovations, alterations and additions to homes
• Secondary dwellings and granny flats
• The manor houses, town houses and duplexes
• Swimming pools, decks, and retaining walls
• Existing structures will be demolished.Existing buildings will be torn down.
• Commercial and industrial fit-outs and small developments.
• Lots and subdivisions that comply with minimum lot size requirements.

Each project is evaluated on the standard that is included in the relevant SEPP, so please always consult a certifier before assuming that your project will meet the standards.

Why Sydney and NSW for the CDC Pathway?

This fast-track CDC pathway is preferred by homeowners, builders and developers across NSW for a number of reasons:

• The speed: The approval process may take anywhere from 10-20 days, as opposed to months.
• Certainty: The evaluation is based on a set of measurable rules, so there’s significantly less subjectivity.
• Time and money savings: A long DA process can result in holding costs, consultant costs and project delays.
• One single approval: Planning and construction sign-off in one certificate, instead of having to go through two separate processes.

In most situations, no public notification: While there is no formal community consultation period for a CDC, it is best to inform neighbouring residents of work that is planned.

What is the duration of a Complying Development Certificate?

A complying development certificate is normally valid for five years from the date approved. This provides a good time frame to begin and finish construction without having to reapply; however, it is important to review the conditions in your certificate.

Final Thoughts

If the project plans are compliant, one of the quickest methods to achieve approval of a building project in NSW is to obtain a complying development certificate. Knowing how the CDC pathway works can save you valuable time, money and stress, whether you’re planning a new home, a granny flat, a pool or a commercial fit-out.

If you still think, “what is a complying development certificate and does my project qualify?”, the team at AllCert Group will be here to help you. We are NSW Fair Trading accredited certifiers from Sydney who undertake to review, approve and issue complying development certificates throughout Greater Sydney and NSW, from eligibility review to the end product — your Occupation Certificate!

Contact AllCert Group today to determine if your project is eligible for a speedy approval of a complying development certificate.

Frequently Asked Questions (FAQs)

Q. Is it possible to use a CDC on a heritage listed property?

 In most cases no, as a full Development Application is typically necessary for properties and areas where there is a Heritage interest.

Q. Are there environmental factors that impact on CDC eligibility? 

Yes. Bushfire prone, flood or environmentally sensitive land may have extra conditions or may not be eligible for a CDC.

Q. Who may be the applicant for a complying development certificate?

 A CDC can be assessed and issued by your local council or an accredited private certifier registered by NSW Fair Trading.

Q. Does the Construction Certificate need to be issued after a CDC is issued?

 No. A CDC combines planning and construction approval into a single certificate, so there’s no need for an additional Construction Certificate before you start building.