A comprehensive guide to NSW Complying Development for Builders and Homeowners

In NSW, most minor developments won’t need approval. For example, if you are adding a deck or a carport to your home that is no greater than 25 square metres, there is no need to get council approval. However, if your renovation or build is a little larger but still straightforward, you will be required …

20 March, 2023
A comprehensive guide to NSW Complying Development for Builders and Homeowners

In NSW, most minor developments won’t need approval. For example, if you are adding a deck or a carport to your home that is no greater than 25 square metres, there is no need to get council approval. However, if your renovation or build is a little larger but still straightforward, you will be required to submit a complying development certificate (CDC). In the following article, we also look at what rights you have as a neighbour when a development is happening next door.

What is a NSW Complying Development Certificate (CDC)

Complying development is a combined planning and construction approval for straightforward development that can be determined through a fast-track assessment by a council or an accredited certifier. Complying development applies to homes, businesses and industry and allows for a range of things like the construction of a new house, alterations and additions to a house, new industrial buildings, demolition of a building, and changes to a business use.

For this reason ‘sign off’ by a building professional (known as a certifier) is needed. Complying development is also subject to conditions of approval to protect surrounding uses during the construction period and the life of the complying development. Fast-tracked complying development approvals can be issued in as little as 20 days.

How do you know when a CDC is needed?

Determining when you need a CDC can get complicated, especially when it comes to residential renovations. Take a look at the following complying development guidelines to help you decide whether or not you need a CDC for your project.

  • Check your site
    Not all sites allow CDCs. Some areas such as heritage conservation sites, do not allow for CDCs. Other potential site issues can be bush-fire prone lands and critical habitats. You can obtain this information through your local council and via 10.7 Planning certificate.
  • Low rise medium development
    Low rise medium developments are dual occupancies with one or two storeys, manor houses and terraces. They will be included as a complying development and therefore only need a complying development certificate where medium density development is already permitted under a council’s local environmental plan. Bear in mind that these are guidelines and your need for CDC may differ depending on your property. For the most accurate information, contact your local council.
  • Ask the experts at ES Design
    We have the knowledge and experience to help you understand all the options in getting your CDC in an easy, streamlined way – without the red tape.

Can you object to a complying development?

Yes and no, as this will depend on the individual circumstances. If someone next door or on your street is seeking to develop a property you may have legal rights to object to the property being developed. The law does in some circumstances give rights to persons concerned about proposed developments to have their concerns considered. So if you’re unhappy about a proposed development, there are a few things that you can do.

The best way to find out whether a development needs or has consent is to ask the council. Ask council staff whether a development application has been lodged for the property. If your council has received a development application it must make it available for inspection by members of the public.

Preparing a submission

Anyone may make a submission to a council about a development application, whether or not it has been advertised or notified. A submission may support an application, oppose it, request that modifications be made or that conditions be imposed. If the proposed development is on your neighbour’s property, it’s worth asking them for details and discussing your concerns with them before considering making a submission. They may be willing to accommodate your concerns by modifying and resubmitting their plans.

Are there any other things I need to know about Complying Development?

Yes! There are a few other important things you need to know about Complying Development:

  • All work must be completed within 12 months of the date of issue of the CDC;
  • You cannot make any changes to your approved plans without prior approval from your local council or accredited certifier; and
  • You must comply with all conditions of approval imposed by your local council or accredited certifier

At ES Design, we keep up to date with changing legislation and certifier requirements to make sure the CDC approval process is:

  • Fast, easy and efficient and done as swiftly as possible
  • Done by experienced professionals with a proven track record
  • Done quickly so you can get your life back, spend less time on paperwork and more time doing what you love.
  • Left in the best possible hands.

If you’d like to find out more or book an appointment, call us today on 0460 000 000.

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