Before commencing any building work or changing the use of a premises, approval is required either via a Development Application and Construction Certificate or Complying Development Certificate (CDC), unless the work or use is specifically permitted to be carried out as Exempt Development.
A CDC combines approval for use of the land and the building construction works. It is basically, a fast-track single-stage approval process, which requires only a CDC to be obtained from a Council or Private Certifier.
If all of the criteria, requirements and standards relating to the proposed building or use are satisfied via an application containing relevant plans, specifications and supporting information, a Council or Private Certifier will issue a Complying Development Certificate.
We have a professional team of accredited building certifiers that can assist you with your approval, inspections and advice. General enquiries can be sought through contacting our customer service centre (02) 9330 6400.
Full details of the types of buildings or uses that can be approved as Complying Development can found in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
For example, some of the types of development listed as complying development include:
- Internal or external alterations and/or additions to dwelling houses.
- Carports, garages and car spaces.
- Shade structures, conservatories, awnings and pergolas.
- New dwelling houses.
- Multi-dwelling housing - dual occupancies, terrace houses and manor houses.
- Fences and retaining walls.
- Swimming pools and spas.
- Internal alterations to commercial and industrial buildings.
- Shop or office fit-outs, shop-fronts and awnings.
- Certain types of land and strata subdivision.
- Changes of certain commercial and industrial uses.
- Demolition of certain buildings.
- Temporary structures and marquees.
- Fire safety upgrading work.
In some cases, residents of adjoining or nearby properties are required to be notified of the commencement of a proposed complying development for a dwelling. This notification is to encourage consultation between neighbours and resolution of any concerns that may be raised. However, the provisions do not require the owner or Certifier to consider or address any submissions or, to modify the proposal if the relevant requirements are met.
Section 7.11 or 7.12 Development Contributions under the Georges River Local Infrastructure Contributions Plan 2021 may apply to your Complying Development Certificate. Section 7.21 of the Environmental Planning and Assessment Act 1979 requires an accredited Certifier to impose a condition on Complying Development Certificate requiring Section 7.11 or 7.12 contributions to be paid in accordance with the Contributions Plans. If contributions are required, a template condition can be used.
For applications lodged after 1 October 2023, a Housing and Productivity contribution may apply to the development. A draft ministerial order has been released which provides more details about the contribution. Further information can be found on the Department of Planning and Environment website.
A standard condition of the CDC, requires a sign to be erected in a prominent position on the site showing the phone number and contact details of the builder and Certifier.
All complaints relating to the site are to be directed to the Certifier (Council or Private) engaged to manage the site from the issue date of the CDC through to the Occupation Certificate.
Where the site is managed by a Private Certifier and your complaint has not been satisfied please contact the regulatory authority for private certifiers, NSW Fair Trading. Further details about individual Certifiers can be found by using the Finding and Appointing a Certifier on NSW Fair Trading website.
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