If you’re planning a building project in New South Wales (NSW), navigating the approvals process is a critical first step.
Some projects qualify for a streamlined, statewide approval known as a Complying Development Certificate (CDC), while others require a more complex, council-led Development Application (DA). Additional approvals may also be necessary depending on your property’s location, environmental constraints, or heritage status.
In this article, we will discuss the different approvals you may need for your project and how each type of approval works.
Complying Development Certificate (CDC)
A Complying Development Certificate is a fast-track approval pathway for straightforward projects. Rather than lodging a full DA, homeowners and developers can secure both planning and construction approval in one step, provided the proposal meets strict, statewide requirements. These requirements are set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, commonly referred to as the Codes SEPP.
When Is a CDC Possible?
A CDC applies to a range of developments, including:
- Construction of a new dwelling house
- Alterations and additions to an existing house
- Secondary dwellings (granny flats)
- New industrial buildings
- Demolition of certain buildings
- Changes to a commercial or industrial use
Projects must meet specific criteria relating to:
- Land Zoning (the proposed development must be permitted in that zone)
- Land Size (sufficient area to accommodate setbacks, landscape ratios, etc.)
- Setbacks (front, side, and rear distances from boundaries)
- Landscaped Area Ratio
- Floor Area to Land Ratio (ensuring the building’s bulk/scale is appropriate for the site)
- Building Height (generally up to two storeys for residential, but specific height limits apply depending on the zone)
Because CDC requirements are mandated statewide, there is typically no flexibility or negotiation if your proposal does not fit these standards. If it fails to meet any of the criteria, a CDC will not be issued.
Guide to Complying Development
The Guide to Complying Development explains these regulations in detail. If you’re unsure whether your project qualifies, you or your designer/builder should carefully check every requirement. Missing even one standard can disqualify your project from the CDC pathway.
Local Council Approval (DA)
When a proposed development does not meet the strict criteria for complying development, or if it involves more complex design and site considerations, a Development Application (DA) may be necessary.
Why Choose the DA Pathway?
- Greater Flexibility: Unlike statewide CDC standards, DAs may allow for some negotiation with the local council, particularly if the proposal is only slightly outside certain guidelines.
- Site-Specific Conditions: Different councils have varying Local Environmental Plans (LEPs) and Development Control Plans (DCPs). These local policies can permit designs that do not strictly fit statewide criteria.
- Pre-Lodgement Meeting: You can discuss any potential issues with council officers before formally lodging the DA. This can help streamline the approval process and address concerns early on.
Time and Cost Considerations
- A DA typically takes longer and can be more expensive than a CDC due to additional documentation, public notification periods, and council assessment times.
- However, the increased flexibility sometimes makes a DA the best option for unique sites or when you want to pursue a design that doesn’t comply with CDC rules.
Other Key Approvals
Rural Fire Services Approval
If your site is in a bushfire hazard area (particularly in the highest-risk “Flame Zone”), additional bushfire protection measures apply. This approval process is generally incorporated into your DA if a CDC is not possible.
Heritage Approval
If your property is a Heritage Item or located in a Heritage Conservation Area, you may need heritage approval from your local council. This is also evaluated during the DA process, where heritage officers assess the project’s impact on the property’s historical significance. Is my property in a heritage conservation area? (krg.nsw.gov.au)
Water Board Approval
For projects that involve adding bathrooms, toilets, or extending the footprint of your home, Water Board (or relevant water authority) approval may be necessary. Typically, you can apply for this after obtaining your CDC or DA.
Building Over Sewer Approval
If your building is located above or adjacent to a sewer line, you need specific approval. Building in these areas can complicate sewer access and maintenance. In fact, it’s strongly recommended not to build over a sewer if it can be avoided. If you must, special construction methods and additional costs might be required.
Finance Approval
For homeowners looking to borrow funds to cover the cost of construction, finance approval is another crucial step. Lenders generally require evidence of valid planning approvals (CDC or DA) before finalizing a construction loan.
Working With Family Home Designers & Builders
Ready to make your building project a reality? Family Home Designers & Builders can guide you every step of the way. Our expert team will:
- Assess whether your project meets CDC criteria or if you need a DA
- Identify potential obstacles (e.g., bushfire, heritage, sewer) before they become major issues
- Estimate any additional costs associated with multiple approvals
- Help with documentation, lodging applications, and more
Streamlining Your Development Approvals
Building approvals in NSW can vary widely depending on the nature of your project, zoning rules, and site-specific factors. Some developments may qualify for a fast-tracked Complying Development Certificate (CDC), while others require the Local Council DA pathway—potentially involving extra approvals for bushfire, heritage, or sewer concerns. Understanding which approvals you need will save you time, money, and unnecessary stress.
Contact Family Home Designers & Builders now to take the guesswork out of the approvals process. Our experienced professionals will help you navigate every step, from confirming compliance requirements to lodging the final paperwork—so you can start your project with confidence.
