A complying development certificate (CDC) is the fastest approval in NSW: a private certifier or council can issue it in around 20 days, but only if the design meets every numerical standard in the Codes SEPP and the land is eligible. A development application (DA) goes to council for a merit assessment under section 4.15 of the Environmental Planning and Assessment Act 1979, takes longer, and lets you argue for a design that departs from the DCP. The fastest pathway for your project is the one you can actually finish on, so the decision comes down to two checks: is the land eligible for CDC, and will the design you want fit the code without compromise.
Key takeaways
- Complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is a tick-box assessment; one failed standard means the whole CDC fails.
- Land constraints such as heritage items, heritage conservation areas, flood control lots and some bushfire land can rule CDC out before design starts.
- A DA is assessed on merit, so it can approve a design that varies DCP controls with a Statement of Environmental Effects that justifies the variation.
- In our experience a CDC is faster on a clean lot, but a CDC that has to be redesigned three times to fit the code can take longer than a well-prepared DA.
- Both pathways are lodged through the NSW Planning Portal and both trigger the same contributions, BASIX and building code obligations.
The two pathways side by side
| Question | CDC | DA |
|---|---|---|
| Who decides | Accredited certifier or council | Council (or a planning panel) |
| Basis of decision | Compliance with every Codes SEPP standard | Merit under s4.15, LEP, DCP and SEPPs |
| Typical time | Around 20 days once complete | Weeks to months depending on council and complexity |
| Neighbour notification | Notice to neighbours, no right to object | Notification and submissions considered |
| Variations allowed | None | Yes, justified in the SEE (and clause 4.6 for LEP standards) |
| Excluded land | Heritage, conservation areas, some flood and bushfire land, others | Almost any land where the use is permissible |
The state’s planning approval pathways page sets out where exempt, complying and local development sit in the system.
Step one: is the land eligible for a CDC at all
Before anyone draws a plan, we check the land. The Codes SEPP lists land on which complying development cannot be carried out, and the Housing Code adds its own lot requirements. The common blockers on residential lots in Sydney are:
- A heritage item on the lot, or a lot inside a heritage conservation area (large parts of Parramatta, Cumberland, Canterbury-Bankstown and the older Central Coast towns).
- A flood control lot, unless council has certified the standard the code needs. Parts of Penrith, Hawkesbury and Fairfield along the Nepean and Georges Rivers are the ones we see most.
- Bushfire prone land above the bushfire attack levels the code accepts, common on the Hills and Hornsby fringes and the Blue Mountains.
- Land with a lot size or frontage below the minimum for the housing type, especially for dual occupancies under the Low Rise Housing Diversity Code.
- Environmentally sensitive land, foreshore areas and land reserved for acquisition.
The section 10.7(2) certificate says whether complying development can be carried out on the lot and, if not, which category rules it out. It is the first document we ask for. A dual occupancy also has to be permissible with consent under the council’s LEP in that zone for the Low Rise Housing Diversity Code to be available.
Step two: will the design you want fit the code
This is where most decisions actually turn. The Housing Code fixes height, setbacks, site coverage, landscaped area, private open space and privacy standards by lot width, and there is no such thing as a small variation. A rear setback 200 mm short, a wall 100 mm over the height limit or a landscaped area 2% under the figure sends the project to a DA or back to the drawing board.
On knock-down rebuilds in the Hills and in Blacktown we usually see the same three pinch points: two storey rear setbacks on shallow lots, articulation zone rules on narrow frontages, and site coverage on lots under 450 square metres where the client wants a big alfresco. If the brief is a large family home on a compact block, the DA under The Hills DCP 2012 or Blacktown DCP 2015 often gives more room because the DCP is applied on merit, not as a pass or fail.
The opposite is also true. On a 600 square metre regular lot in a new estate at Jordan Springs, Gregory Hills or Oran Park, a conventional two storey home will almost always fit the Housing Code (or the Greenfield Housing Code in nominated release areas), and a CDC is the obvious choice.
Where speed really comes from
The 20 day figure for a CDC is real, but it counts from a complete application. The time before lodgement is where CDCs slow down. A certifier cannot issue the certificate until the BASIX certificate, the stormwater design, the survey, the structural drawings and the bushfire or flood certification are all in hand, and every one of them has to match the architectural set. A DA lodged with the SEE, plans and BASIX can start its assessment while the engineering is still being finished, because council only needs the design detail at construction certificate stage.
The state’s complying development guidance describes the pathway as a fast-track for straightforward projects, and that qualifier matters. Straightforward means clean land, standard design, nothing to argue.
Council DA timeframes and what shortens them
A DA is deemed refused if council has not determined it within 40 days, which gives you appeal rights but is not a real timeframe. Assessment periods vary between councils and with the type of development, and dual occupancies and townhouses take longer than a single house. What we can control is the number of times council stops the clock with a request for information. A complete lodgement with a proper SEE, a survey, a site analysis, shadow diagrams where two storeys are involved and a stormwater concept usually avoids the first round of questions altogether.
A DA also gives you the option of variations. If the design is 10% over the DCP floor space guideline but the streetscape and privacy outcomes are fine, the SEE makes that case. That option does not exist on a CDC.
A simple decision sequence
- Get the section 10.7(2) certificate and check the complying development statement. If CDC is excluded, it’s a DA.
- Check the housing type is permissible in the zone under the LEP. If a dual occupancy is not permitted in the zone, neither pathway works and you need a different site or a different product.
- Test a sketch design against the relevant code. Every standard, not most of them.
- If it fits and the client is happy with the design, go CDC.
- If it needs a variation or the land fails, prepare the DA properly and lodge once.
Reforms to where dual occupancies and other low rise housing are permissible have been announced by the NSW Government, so the zoning check in step two should always be made against the instruments in force on the day, not against a summary you read earlier.
Frequently asked questions
Is a CDC always faster than a DA in NSW?
Not always. A CDC on eligible land with a code-compliant design is usually issued within about 20 days of a complete application. If the design needs repeated redesign to meet the code, or the engineering is not ready, a well-prepared DA can be determined sooner.
Can I build a duplex as complying development?
Yes, under the Low Rise Housing Diversity Code, provided dual occupancies are permissible in the zone under the council’s LEP, the lot meets the minimum size and width, and the land is not excluded. Otherwise the duplex goes through a DA.
Can neighbours object to a CDC?
Neighbours receive notice of a CDC but there is no submission process and no merit assessment. Their remedy is limited to checking the certificate was validly issued. On a DA, submissions are considered as part of the section 4.15 assessment.
Can I switch from a DA to a CDC part way through?
You can withdraw a DA and lodge a CDC, but you’ll forfeit most of the DA fee and the CDC has to comply in full. It’s cheaper to decide the pathway before design development starts.
Choosing the pathway is a standard part of our DA or CDC pathway advice, and if the answer is a DA we prepare the Statement of Environmental Effects that carries it through council. Send us the address and a sketch and we’ll tell you which way we’d go, or request a fee proposal for the full service.