Complying development is an efficient and faster approval process which ensuring stringent planning and environmental requirements are met through a set of prescribed approval conditions. Building works that may be approved under a CDC can be found within the SEPP - Complying Development Code 2008.
An application for a CDC can be lodged with either a local council or a private
(accredited) certifier acting as the Certifying Authority. A CDC must be issued by a Certifying Authority prior to commencing any building works. The entire approvals process is overseen by the Building Professionals Board (BPB) which is an independent NSW Government authority responsible for building and subdivision certification in NSW. The BPB accredits and regulates certifiers in NSW to ensure the integrity of the certification system and compliance of the built environment in accordance with legislative requirements.
It is recommended that you talk to your local council or a private (accredited) certifier before you finalise your plans. They can provide guidance to ensure that you meet the relevant code requirements and development standards.
Some categories of work that are complying development:
construction of a new dwelling;
alterations and additions to an existing dwelling;
construction of a secondary dwelling;
demolition of a building;
small retail and commercial developments;
internal alterations (fit-outs) of commercial buildings;
fit-out of a food shop;
street awnings and business signs;
Development details, drawings and information that are required to obtain approval can be found in the complying development certificate application form. Although most CDC Applications can be approved within 10 days, surrounding neighbours must be notified about development in residential zones before a CDC can be issued, these types of applications will take longer to approve. A complying development certificate can only be issued if:
The proposed development fully complies with the specific requirements and criteria for complying development outlined in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, State Environmental Planning Policy (Affordable Rental Housing) 2009, and/or State Environmental Planning Policy (Infrastructure) 2007;
The proposal complies with the Building Code of Australia (BCA) and the Environmental Planning & Assessment Act 1979;
When lodging you’re a CDC application must submit it with (verified) consent from all of the registered land owner/s along with details of the proposed development.
If a company owns the property, then a company stamp or seal is required on the application form. If the building is subject to a strata scheme, the owners' corporation seal and authorised signatures are also required.
Notifying neighbours (Residential)
To encourage greater communication between CDC Applicants and their neighbours the State Government has introduced mandatory notification requirements prior to the commencement of any works. It is intended as a curtesy measure if you use the CDC system to carry out works on your property in a residential zone.
Applicants should consult with their neighbours at the earliest opportunity to help them understand the building plans. Ideally, this should take place before detailed plans are drawn up and before you submit your CDC application.
City of Sydney Council. Complying Development Certificates. Retrieved from http://www.cityofsydney.nsw.gov.au/development/building-and-construction-approvals/building-certification-services/complying-development-certificates.
Building and Development. Retrieved from http://www.gosford.nsw.gov.au/building-and-development/da-requirements/complying-development-certificates.