Complying Development Certificates NSW

A Complying Development Certificate (CDC) is an approval issued by a certifying authority, either the local Council or an accredited private certifier, which confirms that the proposed construction plans and specifications of a development comply with the relevant building codes and standards.

It ensures that the construction work aligns with the Building Code of Australia (BCA) requirements and other relevant regulations.

Obtaining a Complying Development Certificate involves several steps; it starts with submitting the required documentation and ends with issuing the certificate, allowing the commencement of construction work. Here's a breakdown of the assessment process.

Step 1: Verification of Compliance

Before initiating any construction work, verifying that the proposed development complies with the Building Code of Australia (BCA) and relevant Australian Standards is essential. This step ensures the construction plans align with the required regulations and standards.

Step 2: Consistency with Development Consent

If the Council has approved your Development Application (DA), the Construction Certificate verifies that the detailed construction plans and reports align with this approval. It confirms that the proposed work is consistent with the development consent previously granted.

Step 3: Pre-construction Requirement

Before starting any building work, it is mandatory to obtain a Construction Certificate. This ensures all construction activities are carried out according to the approved plans and relevant standards. Failure to obtain a Construction Certificate before commencing construction is illegal in NSW.

Step 4: Issuance of the Construction Certificate

The Construction Certificate is typically issued by a Principal Certifying Authority (PCA), the local Council or an accredited private certifier. The application for the certificate is submitted through the NSW Planning Portal and undergoes assessment and inspection by the PCA. Once the certificate is issued, construction work can commence.

• What is a Complying Development vs an Exempt Development?
  
  Exempt development refers to low-impact work that can be done without a development application. These minor building works, like installing a small garden shed or repairing a fence, do not require a full assessment by the council and can be completed more quickly and with less cost.
  
  Complying developments generally encompass larger building works than exempt developments.
  
  

• What are the requirements for obtaining a CDC?
  
  Requirements include compliance with relevant state and local planning rules, such as building codes, environmental regulations, and specific criteria in the State Environmental Planning Policies.

• Do I need a CDC for a renovation project?
  
  If you are making major structural changes to your home (e.g. removing walls or making structural changes to the home's exterior), you may need to submit a DA and achieve a CDC before starting work. The local council or private certifier will consider the project's construction requirements and determine if you have development approval.
  
  

• How long is a CDC valid?
  
  Complying development approval typically remains valid for five years from the approval date, allowing construction to commence within this period.
  
  

• Is community consultation required for a CDC?
  
  Unlike a Development Application, a CDC does not typically require community consultation. However, it's important to inform your neighbours about the proposed development as a courtesy.

• Can a CDC be issued for heritage-listed properties?
  
  CDCs are generally not issued for developments on heritage-listed properties or properties within heritage conservation areas, as these typically require a more detailed assessment through a Development Application.
  
  

• Can environmental constraints affect CDC eligibility?
  
  Environmental constraints like bushfire-prone land, flood-prone areas, or land with high ecological value can affect the eligibility for a CDC or impose additional requirements.