2.4.2 – CDC – Complying Development Certificate in NSW

1. What is Complying Development?

Complying Development is a fast-track approval pathway in NSW.
Instead of going through a full Development Application (DA) with council, certain types of straightforward, low-impact development can be approved by a Private Certifier or Council under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP).

  • It combines planning approval and construction approval into one process.
  • If the design fully complies with the standards in the Codes SEPP, the certifier must issue a Complying Development Certificate (CDC).
  • Timeframe: typically 10–20 days, compared to several months for a DA.

2. Why is CDC Important for Project Managers?

As a Project Manager (PM) in an architectural practice, understanding CDC helps you:

  • Assess feasibility quickly: some projects can bypass council DA.
  • Save time and costs for the client.
  • Decide the right approval pathway: DA vs CDC.
  • Avoid design rework: CDC has strict standards — if not met, the design must go back to DA.

3. What Types of Development Qualify?

CDC applies to common residential and commercial projects, such as:

  • New single and two-storey houses.
  • Alterations and additions to houses.
  • Secondary dwellings (granny flats).
  • Garages, carports, fences, pools.
  • Certain industrial and commercial developments.

Each development type has its own set of standards in the Codes SEPP.

4. Key Criteria for CDC Approval

For a project to be approved as Complying Development, it must satisfy:

  1. Zoning Permissibility
    • The land must allow the proposed use under the LEP.
  2. Lot Standards
    • Minimum lot size, width, and frontage requirements.
  3. Setbacks & Building Envelopes
    • Strict distance rules from boundaries, roads, and other structures.
  4. Building Height & Floor Area
    • Maximum heights and gross floor area limits.
  5. Environmental Constraints
    • CDC is not allowed if the site has certain restrictions, such as:
      • Flood control lot
      • Bushfire prone land (without additional compliance)
      • Heritage item or conservation area
      • Critical habitat or environmentally sensitive land
  6. Utility & Infrastructure Requirements
    • Adequate stormwater drainage, parking, and access must be demonstrated.

5. The CDC Process: Step by Step

  1. Site Feasibility Check
    • PM reviews the LEP + Codes SEPP to confirm site eligibility.
    • Exclude projects on heritage or environmentally constrained land.
  2. Design to CDC Standards
    • Work with the architect to design strictly within the Codes SEPP rules.
    • No flexibility — 100% compliance is required.
  3. Consult with Certifier
    • Engage a Private Certifier early to confirm interpretation of rules.
  4. Prepare Documentation
    • Architectural plans
    • BASIX Certificate (if residential)
    • Structural engineering drawings (if required)
    • Stormwater & drainage plans
    • Survey plan
  5. Lodge Application
    • Submit to Private Certifier or Council for assessment.
  6. CDC Issued
    • Approval covers both planning and construction.
    • Construction can commence once the certifier is satisfied with documentation.

6. Key Differences: DA vs CDC

FeatureDevelopment Application (DA)Complying Development (CDC)
Assessment bodyCouncilPrivate Certifier or Council
TimeframeMonths (often 3–12)~10–20 days
FlexibilityCan vary rules with justificationMust meet all rules exactly
UseComplex or sensitive projectsSimple, low-impact projects
Public NotificationYes (neighbours can object)No

7. Project Manager’s Role in CDC Projects

As a PM, your responsibilities include:

  • Early Assessment: Determine if the project is suitable for CDC.
  • Managing Expectations: Explain to clients the strict “all-or-nothing” compliance.
  • Certifier Coordination: Engage and liaise with a certifier early.
  • Documentation Oversight: Ensure all reports and plans align with Codes SEPP.
  • Risk Management: If one rule cannot be met, shift strategy to DA early to avoid delays.

8. Key Takeaways

  • CDC is faster and simpler than a DA, but only for compliant projects.
  • Strict compliance is mandatory — no room for negotiation.
  • PMs should always check eligibility early, before design progresses too far.
  • The certifier is your main approval authority, not the council.
  • If CDC isn’t possible, prepare for a DA pathway instead.