State Environmental Planning Policy (Exempt And Complying Development Codes) 2008
Complying Development is a form of planning and building approval that can be issued by an Accredited Builder Certifier or a Council in the form of a Complying Development Certificate (CDC). This certificate combines approval for use of the land and the building construction works.
Complying Development is a fast-track approval process that combines approval for the use of the land and building construction works for straightforward residential, commercial and industrial development. The proposal must meet the relevant Development Standards set out under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy).
Prior to the submission of a Complying Development Certificate (CDC) application, an applicant must establish that the proposal will comply with the planning controls and development standards which apply to the land and to the specific development type.
A Section 10.7(2)/(5) Planning Certificate can be obtained from Council (Download application form). A Section 10.7(2) Certificate will provide all the relevant information in relation to planning controls applying to the land for Complying Development. Should you require the Certificate for other purposes (such as the sale of land) you may wish to apply for a Section 10.7(2) and (5) Certificate, which may provide additional information (such as any Development Approvals that may have been granted on the land within the last five (5) years).
Information in relation to easements on the land and covenants applying to the property are available on the Certificate of Title which can be obtained from NSW Land Registry Services
Types of Complying Development
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 identifies the majority of development types that can be carried out as complying development in NSW.
The Codes SEPP comprises of a number of separate codes for specific types of development:
- General Housing Code
- Rural Housing Code
- Housing Alterations Code
- General Development Code
- Commercial and Industrial Alterations Code
- Subdivision Code
- Demolition Code
- Fire Safety Code
Each code applies to particular types of Complying Development and identifies the relevant Development Standards. These standards must be met for a proposal to be approved as a CDC. For further information and resources on Complying Development please visit theNSW Government Planning Portal
Relevant Development Provisions
Various State Environmental Planning Policies (SEPP)’s contain provisions in relation to exempt development and/or complying development, including:
A Complying Development Certificate (CDC) can only be issued if:
- The proposed development fully complies with the specific requirements and criteria for Complying Development in the Environmental Planning and Assessment Act and Regulations and the relevant planning instrument (SEPP or LEP)
- The proposal complies with the National Construction Code – Building Code of Australia and relevant Australian Standards
If the proposed work does not satisfy all of the criteria specified, a Development Application (DA) must be submitted to and approved by Council and a Construction Certificate (CC) must also be obtained for any building works. The form is available on Council's website. For further information on lodging these applications please contact Council on (02) 6354 9999.
How to apply for a Complying Development Certificate
An applicant may apply to a private sector Accredited Building Certifier who has the appropriate level of accreditation from the NSW Building Professionals Board or the Council for the CDC. The CDC must be obtained before any building work or change of building use encompassed in the CDC commences.
Applications made to Council for a Complying Development Certificate require detailed building plans and specifications. The CDC Application Form (combined with Development and/or Construction Certificate Application form) is available on Council's website The application form provides details of the information to be submitted with an application made to Council.
If you are lodging your application with a private sector Accredited Building Certifier, please liaise directly with the Accredited Certifier to ascertain their submission requirements and fees.
For further information about Complying Development Certificates, contact a qualified Architect, Building Designer, Accredited Building Certifier, Planning or Building consultant or contact Council on 6354 9999.