NSW residential certification
Complying Development Certificates
A Complying Development Certificate is a fast-track approval that combines planning and construction consent in a single certificate. It is available where a proposal satisfies every standard in the relevant code, with no merit assessment and no separate development application.
Overview
Complying development is assessed against the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, commonly called the Codes SEPP. Assessment is code-based: a proposal either meets each numerical and qualitative standard or it does not. There is no discretion to weigh competing considerations as there is in a merit-based development application.
Because the pathway is prescriptive, the quality of the application determines the outcome. A complete, well-documented submission that demonstrably complies can be determined quickly. An application missing plans, certificates or supporting evidence cannot be approved until the gap is closed, so preparation is where time is won or lost.
Fahey Certification reviews each proposal against the applicable code before issue, identifies any standard that is not met, and sets out precisely what is required to bring the application into compliance. Where a proposal cannot meet the code, we say so early and explain the development application alternative rather than allowing an application to stall.
Typical timeline
Indicative only, as every project differs. We confirm the timeline for yours once complete documentation is held.
Pre-lodgement review
1–3 daysWe confirm the proposal can use the CDC pathway and identify the applicable code.
Lodgement
Day 0A complete application is lodged on the NSW Planning Portal.
Neighbour notification
where requiredWhere the code requires it, adjoining owners must be notified and the notification period run before the certificate can issue.
Assessment
on lodgementEach development standard is checked against the submitted documentation.
Determination
on completionThe certificate is issued, or the outstanding requirements are itemised.
Required documentation
What a complete application typically holds. Conditional items apply where the site or building triggers them.
| Document | Detail | Status |
|---|---|---|
| Site plan and survey | Boundaries, levels, setbacks and existing features. | Required |
| Architectural plans | Floor plans, elevations and sections to scale. | Required |
| BASIX certificate | Required for new dwellings and certain alterations. | Required |
| Statement of compliance | Demonstrating each applicable development standard is met. | Required |
| Stormwater / drainage plan | Disposal method consistent with the code. | Required |
| Bushfire / flood assessment | Where the land is mapped as constrained. | Conditional |
| Acoustic or waste detail | Where the relevant code provision applies. | Conditional |
Common issues and delays
A single unmet standard
Complying development is all-or-nothing. One non-compliant setback, height or floor-space figure removes the pathway until the design is amended.
Incomplete BASIX commitments
Plans that do not reflect the commitments listed on the BASIX certificate cannot be certified. The documents must align before determination.
Mapped site constraints
Bushfire, flood or heritage mapping introduces additional requirements that are often missed at first submission.
Notification triggers
Some proposals must be notified to adjoining owners before the certificate can issue. This is a code obligation rather than a delay, but the notification period has to be built into the programme.
Frequently asked
How long does a CDC take in NSW?
It depends on the application and the documentation behind it. A complete, compliant application is assessed as soon as we hold it. Where the code requires adjoining owners to be notified, the notification period must run before the certificate can issue, so that is the main thing to plan for.
What is the difference between a CDC and a DA?
A CDC is a code-based approval issued when a proposal meets every development standard, combining planning and construction consent. A development application is a merit-based assessment by council used when a proposal does not fit the code.
Can any project use the CDC pathway?
No. The proposal must satisfy all standards in the applicable code and the land must not be excluded by mapping such as certain heritage or environmental constraints. We confirm eligibility before lodgement.
Ready to get started?
Considering the CDC pathway?
Send your plans and site details. We will confirm whether complying development is available and what your application needs to be determined.
We respond to enquiries within one business day.