In NSW, the building and construction industry comes with certain prerequisites. This is to make sure that all construction works across the state are carried out safely, efficiently and in compliance with legislation and regulations.
Another intention of the CDC is to protect the health and safety of workers, occupants, and the general public as well as maintain the structural integrity of the building/s.
A Complying Development Certificate (CDC) is an official approval document issued by either the local Council or a private certifier in NSW and is granted for developments that meet predetermined standards and criteria outlined in the State Environmental Planning Policy (SEPP) for Complying Development.
A CDC confirms that a proposed development concedes with relevant regulations, codes, and standards and is eligible for the streamlined approval process of complying development. It is an alternative to the traditional Development Application (DA) process and is intended to expedite the approval of straightforward, low-impact development projects. A CDC also ensures that the building process is a smooth, hassle-free and pleasant experience. In saying this, it does not rule out that a few hurdles may arise when participating in a new build, depending on the land or property where construction is set to take place.
When building a new home or participating in a major renovation, there are two ways in which you can have your plans for your build approved:
- A Development Application (DA): A DA is a formal development application that requires consent under the NSW Environmental Planning and Assessment Act 1979 (EP&A Act). It includes plans and technical reports, so after all the necessary planning has been completed, it’s time to prepare your proposal for lodging. This is an important step to get right – ensuring all documentation is completed and compliant to make the DA approval process as smooth as possible.
- Complying Development Certificate (CDC): A CDC is a combined planning and construction approval for straightforward developments. Approval occurs when a proposed development complies with pre-determined development standards set under State Environmental Planning Policies (SEPP). This process allows a fast-track assessment by a certifying authority, which may be either a Council or an Accredited Certifier. The purpose of this certificate is to receive assurance that the building works will comply with all relevant legislation and building standards.
Both approvals are beneficial. However, the CDC proves worth delving into.
What is a Complying Development Certificate (CDC)?
In simple terms In simple terms, a CDC is a planning and construction process approval that is issued by an authorised, private certifier, bypassing local councils saving both time and money.
To obtain a CDC, the property owner/applicant must apply to either the local Council or an accredited private certifier. A CDC is judged against a particular set of standards under NSW legislation, meaning the proposed building works comply very strictly with the relevant regulation and building legislation, with little to no room for leeway.
To be issued a CDC, a project must follow and adhere to specific requirements prior to applying for one. These prerequisites include:
- All works involved in the development project must act under the Building Code of Australia.
- Before any work can begin, a project in development must be permissible with consent in the land zone. This can be determined under the relevant council’s Local Environmental Plan.
- Complying development does not override private covenants or similar legal instruments, suggesting that a covenant that may necessitate a particular construction material or limit building heights must continue to apply to the land.
Faster approval times than a DA | Clear and concise Code to be met | The use of a private certifier | Much more affordable than a DA | Approvals can be prior to land registration |
A Quick Checklist:
Whether a development is approved or not depends on numerous factors, such as site restrictions, which need to be considered and checked at the beginning of the assessment process. This extensive check could either prohibit or permit the application as a Complying Development. The following is a list of standard requirements for any CDC:
- Planning Certificate: a legal document that confirms the zoning and applicable rules for the development of a property
- Title Search
- Water Authority Check
- Home Builders Insurance or Owner/Builder Permit
- Tree removal approval
- Long Service Levy
- Site survey
- Designer/architect plans
- Engineer plans
- Pest control certificate
- BAL (Bushfire Attack Level) certificates for fire-prone areas
- Smoke alarm certificate
- Pest control certificate
- Pool and fencing approval
- Site management plan
Who can help with your application submission?
The process of obtaining a CDC is not simple and can be daunting, lengthy and overwhelming, especially if you are not familiar with or knowledgeable in the industry.
The advantage of obtaining a CDC is that it offers a faster and more streamlined approval process compared to the traditional DA process. This is because the criteria for complying development are pre-established and standardised, allowing quicker assessments. However, it’s important to note that not all development projects are eligible for a CDC. The criteria cover a range of development types, such as home renovations, extensions, certain types of new construction, and other minor works.
Before applying for a Complying Development Certificate, it’s advisable to consult with a planning professional to determine whether the proposed development is eligible and to ensure that all relevant requirements are met. Failure to comply with the specified criteria could result in delays, fines, or the need to undergo the traditional DA process.
Why would I choose a professional firm to help with my CDC in Sydney?
- GET EXPERIENCED PROFESSIONAL OPINIONS: Having extensive industry knowledge, and keeping up to date with updated and changing legislation and certifier requirements. This ensures a quick, hassle-free process that can help you stay on the right track.
- KEEP YOUR DEVELOPMENT ON TRACK: Thorough consultations with skilled professionals can help with planning the entire process, keeping you informed and aware every step of the way. Be sure to engage with a firm with fixed fees and are committed to working with you to meet deadlines and avoid lengthy delays.
- GET LOCAL ADVICE: Find a firm that is Sydney-based, locally established, and has all of their experts in-house, so you can keep in frequent contact, welcoming open communication and real-time updates.
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