Complying Development Certificate CDC

From 1 July 2021, all Complying Development Certificate (CDC) applications must be lodged through the NSW Planning Portal.

Complying development is a fast-track approval process for straightforward residential, commercial and industrial development. Complying development generally includes larger building works than exempt development. For this reason, ‘sign off’ by a building professional (known as a certifying authority) is needed. Provided the proposal fully meets specific development standards, it can be determined by a Council or registered certifier without the need for a full development application.

Complying development is also subject to conditions of approval to protect surrounding uses during the construction period and the life of the complying development.

    Examples of complying development include:
  • Building a one and two storey home
  • Building a granny flat or secondary dwelling
  • Building earthworks and structural supports
  • Building a fence
  • Building a swimming pool
  • Building waterway structures
  • Carrying out a strata subdivision
  • Demolishing a building
  • Establishing a home-based enterprise
  • Removing and pruning a tree
  • Renovating a home
  • Temporary uses and structures
  • Temporary uses and structures
  • If your renovation or build is complying development (or requires a development application through council) you may need to apply for a BASIX certificate.

    How to apply online
  • Contact your council about applying for a CDC and which documents you will need. For more information read our pre-application document checklist.
  • If needed, you can also search for a registered certifier on the Building Professionals Board’s Register.
  • Register for a NSW Planning Portal account to start your application.
  • Log in to complete the online application. You will need to submit a certificate of title, site plan, design plans, structural plans and building specifications and any other documents the council or certifier requires.

Construction Certificate CC

From 1 July 2021, all Construction Certificate (CC) applications must be lodged - to your council or a registered certifier - through the NSW Planning Portal.

Your application should include detailed building plans/engineering details and specifications. The plans will most likely contain a lot more information than your approved Development Application (DA) plans, to allow your builder to work directly from them. The building must be consistent with CC documents and the development consent.

Any plan changes that are inconsistent with the DA plans will need to be assessed, and an application to modify the development consent may be required (see Modifications and Reviews). In order to obtain the CC you might be required to first provide additional reports and pay refundable bonds or development contributions to the council. These details are covered in the conditions of your development consent

Demolition approval

Conditions for complying development

These provisions of the State Policy set out conditions that apply to a Complying Development Certificate (CDC) for demolition. These conditions will be specified on the CDC approval. You need to notify your neighbour/s before beginning demolition work.

Asbestos removal

For buildings built before 1987, asbestos must be handled and removed by a licensed contractor. This is in accordance with the Work Health and Safety Regulation 2011 and the Environmental Planning and Assessment Regulation 2000. Certain businesses are licensed to undertake asbestos removal work under these regulations. Where demolition does not require a licensed contractor to carry out removal work, the work should be undertaken in a manner that minimises risks. Information on the removal and disposal of asbestos to landfill sites that are licensed to accept this waste is available from the NSW Environment Protection Authority.

    Other considerations
  • Complying development does not override private covenants or similar legal instruments. For example, a covenant that requires a specific construction material or limits building heights continues to apply to the land.
  • All works must be structurally adequate, installed in accordance with the manufacturer’s specifications and comply with the Building Code of Australia (BCA).
  • If you propose to remove or prune any existing trees or vegetation, you should contact your council first to make sure you don’t need approval for this.
  • Any structures that would be located on public land, or on or over a public road (including temporary structures), must have separate approval from the relevant council, or Roads and Maritime Services under the Roads Act 1993 and the Local Government Act 1993.
  • Generally, complying development cannot be carried out on

Occupation Certificate OC

The Occupation Certificate (OC) authorises the occupation and use of a new building or part of a building. For staged works, a Part OC may be issued which allows you to occupy the completed part of the building.

    Depending on the particular OC sought, the Principal Certifier must be satisfied the development meets various regulatory standards. These generally include that:
  • A development consent is in force.
  • The design and construction of the building is not inconsistent with the development consent.
  • Any pre-conditions set out in the consent or requirements of planning agreements have been satisfied.
  • A Construction Certificate (CC) has been issued.
  • That the building is suitable for occupation (in accordance with its Building Code of Australia (BCA) classification).

Issuing the OC for the whole of the development is the last step in the formal Development Application (DA) and construction process (though there could be ongoing ‘operational’ conditions such as maintaining appropriate noise levels or landscape maintenance).