A Quick Overview of Exempt vs Complying Developments in NSW

Navigating through development laws in NSW can be a daunting and confusing task for building designers, developers, and homeowners alike. The NSW planning regulations are constantly evolving but understanding them is essential if you want to begin work on your dream home within the state. ES Design helps clients determine whether their project is an exempt or complying development in NSW to help you build your dream home with greater ease!

At ES Design, we provide a streamlined process for certifying and approving plans without the hassle. 

What are exempt and complying developments in NSW, and what do they mean for you as a home builder or property owner/developer?

Before any building works can commence, it’s important to determine if the development meets Exempt Development criteria and whether planning controls or SEPPs are applicable. If not, approval under Complying Development may be necessary. To begin that process, obtain a Section 10.7 Planning Certificate from either your local Council or the NSW Planning Portal; this will clarify relevant restrictions to ensure compliance with desired plans is achieved as quickly and efficiently as possible. 

COMPLYING DEVELOPMENTSEXEMPT DEVELOPMENTS
Complying development is a form of approval for certain low-risk building work that can be approved quickly without needing full planning approval from the council.

The rules for complying developments are set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP). For a project to qualify as complying development, it must meet all conditions set out in the Codes SEPP. These include conditions such as size limits, height limits, setbacks from boundaries, car parking spaces, landscaping requirements and more.
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 outlines what classes as ‘exempt’ development-low impact projects that do not require approval from council under the EPA Act, such as building decks, painting houses or adding windows to rooms. When these activities meet all applicable standards in accordance with the Code SEPP, no additional consent is required.

Exempt development refers to minor building works that do not require any form of approval from a council. Examples of exempt developments include small garden sheds up to 10 square metres in size, minor renovations such as replacing windows and doors, small detached structures such as pergolas or carports up to 20 square metres in area, and demolishing an existing structure. Exempt developments may still be subject to other requirements, such as bushfire protection or heritage conservation areas.

How can you ensure your development is exempt or complying, and what are the consequences if it’s not?

At ES Design, we provide an expedited, approved plan to make the development process easier. Our expertise and experience will help you understand all available options so that we can work together towards achieving a successful outcome for your project – without having to worry about red tape or lengthy applications with council authorities.

Exempt and complying development is outlined in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). This includes limited low-impact projects, such as building a ground-floor deck or adding a window to a room. If all of the relevant standards are met under Codes SEPP, no approval from council will be required by law through EPA Act – other governing legislations may still apply.

What is the State Environmental Planning Policy (SEPP)? 

Complying development is an important concept in urban planning in New South Wales (NSW), Australia. Specifically, complying development code 2008 or the State Environmental Planning Policy (SEPP) exempt and complying with code criteria and procedures for complying with these regulations. The code outlines specific complexities related to buildings, subdivisions, demolition, and roof-mounted units such as solar panels or skylights and fencing. All complying developments must meet certain standards when built, altered or modified according to local government planning documents. This ensures that buildings comply with local laws while providing a degree of flexibility for buildings to be constructed in a way that suits the environment around them.

Meet all the necessary requirements for approval with ES Design

Meeting development approval standards can be a complex process, particularly in complying with regulations of the various state governments in building standards and energy efficiency measures, from design to construction to compliance with state regulations governing building standards and energy efficiency measures etc. However, by undertaking a considered approach from concept design to construction and incorporating a compliance strategy into project planning, meeting these standards can become much more achievable. To make the process easier for everyone involved, standard documents are available from complying development NSW, which can help streamline the process for all stakeholders.

ES Design offers complying development services for those seeking to gain development approvals complying with the regulations prescribed by each state. By ensuring designs comply with building and energy efficiency standards, ES Design delivers project solutions to meet our client’s specific aims. The expertise of the engineering and architectural staff employed by ES Design gives the confidence that whatever design you come up with meets all state-mandated compliance build standards. Additionally, due to our in-depth knowledge and expertise in developing in NSW, we can provide advice and consultation during all phases of the project – from initial designs to final construction – thereby giving clients peace of mind that your project meets every requirement.

How much does a Complying Development Certificate cost?

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Unfortunately, because of council approvals, building new properties or renovating your existing home can be costly and time-consuming. But fortunately, there’s an alternative that could save you time, money and stress—complying development certificate.

This type of council approval is significantly faster and cheaper than most regular development applications. CDC approval could take as little as two weeks and save you up to $15,000 under the guidance of the right professionals.

Given that, how much does a complying development certificate cost and how long does the process take?

How much does a complying development certificate cost?

The cost of a complying development certificate varies widely depending on your location, your local council and the development you’re carrying out. Some CDCs for demolition and other simple tasks cost as little as $75+ GST, while others may cost several thousands of dollars.

Fees are generally related to project and build costs, so if you’re undertaking a more extensive project, you can expect higher prices (and vice versa).

Other costs may be involved with preparing your CDC, such as a survey plan, a geotechnical report for structural engineering, a stormwater drainage plan, a landscape plan, and more. Additionally, you may need to pay for building designers, structural engineers and a private certifier to inspect the project work as it continues.

The cost of CDCs is best calculated on a case-by-case basis, so if you’d like to know more, contact Sydney’s leading building designers and CDC experts for more information. Our experienced experts can prepare a comprehensive cost breakdown so you know exactly what to expect from day one.

The complying development certificate process

A complying development certificate is a streamlined building or development approval that simplifies the approval process for projects that meet specific requirements. The process of applying and gaining approval may be faster and easier than a development application, but several steps are still involved.

  1. Check your development against local and New South Wales state development standards
    If you’ve already prepared a design for your project, step one should be to check your development and property against local development standards to see if it’s permissible. You should also search land titles for any easements and covenants on your property that may interfere with your CDC.

    If you don’t have designs yet, the leading experts at ES Design can help create plans and ensure they’re acceptable for a CDC.
  2. Prepare relevant documentation
    The next step is to prepare and submit all relevant documentation required for a CDC and engage professionals as needed. This step is significantly easier with the help of a CDC expert at ES Design whose knowledge alleviates the admin and liaising off your hands.

    Documentation required may include a certificate of title, DP plan and a section 10.7 (part 2&5) planning certificate.
  3. Notify neighbours
    It’s always best to talk to your neighbours well in advance of applying for a CDC. That’s because as part of the CDC you and your certifier will be required to notify your neighbours in advance of issuance of the CDC and construction starting.
  4. Commencement of works
    Once your CDC has been approved and your neighbours have been notified you’re ready to commence work on your project. Both your local council and a private accredited certifier can approve a CDC.

How can I make submitting a CDC easier?

Submitting a CDC can shave thousands of dollars off your project cost and months of its timeline. However, checking whether or not your development is eligible and preparing the application itself can be time-consuming, confusing and complicated.

ES Design makes it easy. We’re a team of Sydney’s leading experts in building design, CDCs and development applications with decades of experience in everything from small homes to large developments. We know how to streamline your application and ensure your development is as cost-effective, timely and stress-free as possible.

Ready to get started? Enquire about our premium building design and CDC services today.

Do my neighbours need to be notified of a Complying Development?

Complying Development Certificates

When planning renovations or construction work and applying for a Complying Development Certificate (CDC), property owners and their certifiers may be required to notify neighbours, either before the approval of your application or before construction commences. Moreover, if needed, the notification to neighbours must align with government regulations and include specific information.

Building works can be disruptive. It is best to converse with neighbours in advance, regardless of requirements, so they know what to expect before receiving your approval. With that in mind, we’ve put together a simple guide covering everything you need to know about NSW complying development neighbour notification.

When do neighbours need to be notified when applying for a CDC?

Neighbours only need to be notified by your certifier if the development meets the following criteria:

  • Development specified under any State Environmental Planning Policy (SEPP) or Local Environmental Plan (LEP) that involves construction of a new dwelling or alterations and additions to an existing dwelling
  • Demolition under the SEPP code;
  • Secondary dwellings or group homes under the Housing SEPP.

It is important to note that there are two required neighbourhood notifications according to the NSW planning guidelines.

  1. Pre-approval notification
    Before a CDC is issued, neighbours within a 20m radius should be informed of the upcoming project.

    – Metro areas: Notified at least 14 days prior
    – Rural areas: not required to notify prior to the issue of a CDC, however, it is highly encouraged.
  2. Pre-construction notification
    Irrespective of the development type or the zoning of the land, property owners and certifiers need to notify neighbours within a 20m radius before building commencement of construction if your development is:

    – Metro areas: Notified at least 7 days prior
    – Rural areas: notified at least 2 days prior

It is the applicant’s responsibility to ensure neighbours are notified of the upcoming construction, including keeping a record of the addresses of where the notice has been submitted.

Which neighbours do I need to notify when applying for a CDC?

Under NSW legislation, only certain neighbours must be notified before a CDC is granted. The notice must be sent to the occupier of any property (which may or may not be the owner) within a 20-metre radius. If the dwelling is an apartment or multi-unit building, occupants of each apartment or unit must be notified separately.

Occupiers of these dwellings do not need to be notified before CDC approval if the dwelling is under construction, the lot is vacant, or used commercially, i.e. shops and offices. All neighbouring lots must be notified before construction, regardless of their occupancy or zoning.

What information needs to be provided to neighbours?

It’s important that notifications are completed correctly to avoid any issues with your complying development certificate. All notifications must be in writing either in person through a letter box or via the post and include the following:

  • The address of the development.
  • A description of the development.
  • The name and contact details of the certifier.
  • The name, address and contact details of the applicant.
  • The date the CDC was received.
  • Confirmation that the application has been lodged in accordance with Environmental Planning and Assessment Act 1979.
  • A statement that once the plans are approved, they will be available to view at the local council.

When they are notified, neighbours may request to see your plans, but under NSW law, you have no obligation to share them, nor are you required to alter a CDC-approved development if your neighbour requests that you do.

Get help from CDC experts

Applying for a complying development certificate can be difficult, time-consuming and costly, especially if the proper processes are not followed. But they don’t need to be. ES Design are one of Sydney’s leading building designers and CDC experts. We’ve helped thousands of people design developments and streamline CDCs with local councils. The result? A development process that’s faster, easier, more affordable and less stressful.

Get in touch with es.au today to enquire.