Resources
NSW certification, in plain language.
The terms and the traps, explained the way a senior certifier would explain them to a builder. A practical reference, reviewed against the framework in force.
Complying development
Why CDC applications stall, and how to avoid it.
Complying development is prescriptive and all-or-nothing. Most delays trace back to a small number of avoidable causes.
- 01
A single standard is not met
Complying development is all-or-nothing. One non-compliant setback, height or floor-space figure removes the pathway until the design is amended.
- 02
Plans and BASIX do not align
If the drawings do not reflect every BASIX commitment, the application cannot be certified until they match.
- 03
Mapped site constraints are missed
Bushfire, flood, heritage or acid-sulfate mapping introduces requirements, or removes eligibility altogether, and is often overlooked at first submission.
- 04
The documentation is incomplete
Missing surveys, stormwater detail or a statement of compliance stops the clock until the gap is closed.
- 05
Notification is not planned for
Where the code requires adjoining owners to be notified, that notification period must run before the certificate can issue. That is expected, but it must be built into the programme.
Glossary
The terms, defined.
The acronyms and instruments you will meet through a NSW residential project.
- Complying Development CertificateCDC
- A combined planning and construction approval issued when a proposal meets every standard in the applicable code. It replaces the separate DA and Construction Certificate pathway for eligible development.
- Construction CertificateCC
- Issued after a development application is approved. It confirms the detailed construction documents are consistent with the consent and comply with the Building Code of Australia, and must be obtained before work begins.
- Occupation CertificateOC
- Authorises occupation or use of a new or altered building. It is issued once the certifier is satisfied the building is suitable to occupy and the required inspections, certificates and declarations are in place.
- Principal CertifierPC
- The certifier appointed by the owner to oversee a project from commencement to completion, including the mandatory critical-stage inspections. The role replaced the former Principal Certifying Authority and is independent of the builder.
- Codes SEPP
- The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. This is the instrument that sets out which development is exempt, and the standards a proposal must meet to be complying development.
- EP&A Act
- The Environmental Planning and Assessment Act 1979. This is the principal NSW planning law governing development consent, certification and the certifier's functions, supported by the EP&A (DC&FS) Reg 2021.
- DBP Act
- The Design and Building Practitioners Act 2020. It requires registered practitioners to lodge regulated designs and compliance declarations on the NSW Planning Portal for Class 2, 3 and 9c buildings before a CC and before an OC.
- BASIX
- The Building Sustainability Index, the certificate that sets water, thermal and energy commitments for residential development. The plans must reflect every commitment listed before the work can be certified.
- Critical-stage inspection
- A mandatory inspection carried out at a set point in construction, before the work is covered up. For a Class 1 or 10 building they run from footings, through concrete pours, framework, wet-area waterproofing and stormwater, to a final inspection before the Occupation Certificate. Which stages apply depends on the building, and the approval can require additional inspections. They are carried out by the Principal Certifier, or another certifier as agreed.
- Notice of Commencement
- The notice lodged on the NSW Planning Portal before building work begins. The Principal Certifier appointment must be recorded and the notice given before any work can lawfully start.
- Exempt development
- Minor work that meets specific standards and needs no planning or construction approval. Where work exceeds the exempt provisions, complying development or a development application applies.
- Development ApplicationDA
- A merit-based application to council, used when a proposal does not fit the code. If approved, a Construction Certificate is then required before building work begins.
These definitions are a general guide only and are not legal advice. NSW certification is under active reform, so confirm the position for your project before relying on it.
Official sources
Where to check it yourself.
The NSW government systems behind every residential project. These are the primary sources — worth going to directly rather than relying on a summary.
NSW Planning Portal(opens in a new tab)
planningportal.nsw.gov.au
Where applications are lodged and tracked. CDC and DA submissions, the Principal Certifier appointment, the Notice of Commencement and regulated design lodgements all run through the portal.
NSW Planning Portal Spatial Viewer(opens in a new tab)
planningportal.nsw.gov.au/spatialviewer
Address-level planning maps: zoning, height and floor-space controls, heritage, bushfire, flood and acid-sulfate mapping. The first check on whether complying development is available on a site.
BASIX(opens in a new tab)
planningportal.nsw.gov.au/basix
Generate and review the BASIX certificate that sets the water, thermal comfort and energy commitments for residential work. The plans must reflect every commitment before the work can be certified.
NSW Legislation(opens in a new tab)
legislation.nsw.gov.au
The in-force text of the EP&A Act, the EP&A (Development Certification and Fire Safety) Regulation 2021, the Codes SEPP and the DBP Act, with the amendment history for each.
These sites are operated by the NSW Government and are not affiliated with Fahey Certification. Content and addresses can change without notice.
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