What Is the Council’s Involvement During CDC?

A CDC—short for Complying Development Certificate—is one of the fastest ways to get building approval in NSW. But fast doesn’t mean hands-off. Many people assume councils are completely removed from the CDC process. That’s not quite true. They don’t approve your application (unless they’re acting as the certifier), but they’re still part of the system. …

28 July, 2025
What Is the Council’s Involvement During CDC?

A CDC—short for Complying Development Certificate—is one of the fastest ways to get building approval in NSW. But fast doesn’t mean hands-off. Many people assume councils are completely removed from the CDC process. That’s not quite true.

They don’t approve your application (unless they’re acting as the certifier), but they’re still part of the system. Quietly, in the background, they check things. They receive notices. They issue important documents.  And if you don’t plan for their involvement, your ideal design could be compromised. 

Understanding what the council does (and doesn’t do) during a CDC helps you avoid surprises. Here’s what to know before you build.

What Is a CDC?

A Complying Development Certificate is a type of fast-tracked building approval. It combines both planning and construction consent. You don’t have to lodge a full development application with the council. You just need to show that your project meets all the rules in the SEPP (State Environmental Planning Policy).

The process skips over the negotiation. No need to wait for council planners to assess subjective design concerns. If it complies, it’s approved.

Who Actually Approves a CDC?

Usually, it’s a private certifier. These are independent, registered professionals who assess your plans based on the codes. If your design meets the criteria, they issue the certificate.

Can councils approve a CDC? Yes. But they rarely do. Most people choose a private certifier for speed and flexibility. Council certifiers often have long wait times and more red tape. That said, councils are still part of the CDC process.

Where the Council Steps In

They may not approve your CDC, but they are involved at several key points. Here’s how.

1. Section 10.7 Planning Certificate

Formerly known as Section 149 Certificate, this document comes from your local council. It tells your certifier exactly what applies to your site. The zoning, any environmental hazards, heritage matters, flood zones, bushfire risk, aircraft noise and more.

No certifier can issue a CDC without it. So even though the process is meant to be “fast-tracked,” it still starts with council-issued information.

2. Council Notifications

When your CDC application is lodged, your certifier sends a notification to the council. Once it’s approved, the council is notified again. The same thing happens at the end of the build.

These aren’t optional. They’re required under legislation and are processed through the NSW Planning Portal.

Why notify the council? So they can keep track of development activity in their area. It’s also about transparency. While neighbours aren’t formally consulted like in a DA, councils track activity to maintain records and ensure compliance.

3. Site Restrictions and Hazards

Here’s where many builds get delayed.

If your land falls within a sensitive category, the council may have a say. That includes:

  • Flood control lots
  • Heritage conservation areas
  • Bushfire-prone land
  • Sites with protected vegetation or easements

Even if a certifier is managing the CDC, council rules still apply. Your project might not be eligible if local restrictions conflict with the complying development codes.

What the Council Doesn’t Do

Let’s make this clear:

During a typical CDC process, the council does not:

  • Approve your design plans
  • Conduct routine inspections (unless they’re your certifier or investigating a complaint)
  • Handle your application paperwork
  • Collect submissions or feedback from neighbours

That’s what sets a CDC apart from a DA. There’s no public notification period. No subjective planning assessment. No council meetings.

The focus is on whether the proposal meets fixed planning controls. That’s it.

Certifier and Council: How They Work Together

It’s not a formal partnership, but their systems do interact.

Most of the CDC process happens on the NSW Planning Portal. This digital platform is where applicants:

  • Lodge applications
  • Upload documents
  • Notify councils of approvals and inspections

The council receives that information automatically in their systems. They may check certain elements if needed. If a certifier issues a CDC that doesn’t comply with council overlays or planning controls , council may issue a notice of breach, request that the CDC approval be surrendered, or carry out enforcement action.

Common Pitfalls When Relying on the CDC

Even though the complying development certificate process is faster than a development application, it’s not risk-free. Many property owners make avoidable mistakes because they don’t double-check local site conditions or skip early planning steps.

Here are a few issues that can delay or derail a CDC:

  • Incorrect zoning assumptions
  • Unidentified overlays
  • Missing easements and/or covenants
  • Outdated property info 

These situations often lead to confusion, wasted time, or needing to restart the process with a full DA. That’s why involving planning professionals early is so important. A detailed review upfront could save you months of back and forth later.

At ES Design, we aim to eliminate these blind spots from the start, making sure everything lines up before any paperwork is lodged.

Where the Collaboration Between ES Planning and ES Design Comes In

At es.au , we don’t leave CDCs to chance. Our team:

  • Reviews your property early
  • Orders the right planning certificates
  • Identifies risks before plans are drawn
  • Designs buildings that meet CDC rules
  • Coordinates with private certifiers
  • Confirms all council overlays are checked

We’ve helped hundreds of clients through this process—the process runs smoothly once the prep is done right.

You can view real outcomes like these on our Projects page.

Final Thoughts

The Complying Development Certificate process is fast, but it’s not a free pass. Councils still play an important role in shaping what’s allowed on your land.

So, while they may not be issuing the certificate, they’re still:

  • Issuing planning documents
  • Receiving notices
  • Issuing driveway permits
  • Issuing tree removal permits 
  • Issuing flood levels and in some instances, signing off on stormwater proposals
  • Issuing dwelling numbering

Working with a professional team early makes all the difference. It means no blind spots. No surprises. And fewer chances of something going wrong halfway through.

Need Support?

If you’re not sure whether your site qualifies for a CDC—or just want someone to look at your options—reach out.

We’ll make sure your build gets off the ground with clarity and confidence.

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