5 Complying Development Myths That Could Get Your Project Rejected

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.