When you want to build something in NSW, you generally need approval. The two main pathways are a Complying Development Certificate (CDC) and a Development Application (DA). Which one you need depends on your property and your project.
Quick Comparison
| CDC | DA | |
|---|---|---|
| Timeframe | 10-20 days | 40-90+ days |
| Who decides | Council or private certifier | Council only |
| Assessment type | Tick-box compliance | Merit-based |
| Variations allowed | No | Yes, with justification |
| Neighbour notification | After approval only | Often before decision |
| Typical cost | $1,500-3,000 | $2,000-10,000+ |
| Appeal rights | Limited | Full appeal to Land & Environment Court |
Complying Development Certificate (CDC)
A CDC is the fast-track approval for projects that meet predetermined standards exactly. Think of it as a tick-box exercise: if your project meets every single requirement in the relevant codes, you get approved.
Advantages of CDC
- Speed – Must be determined within 10 days (20 days for complex projects)
- Certainty – If you meet the standards, approval is guaranteed
- Private certifier option – Don't have to wait for council
- No neighbour objections – Neighbours are notified after approval, not before
- Lower cost – Simpler process means lower professional fees
Disadvantages of CDC
- No flexibility – Must meet every standard exactly
- Exclusions – Many properties can't use CDC at all
- Limited project types – Only certain development types are covered
You CAN'T use CDC if:
- Property is heritage listed or in a Heritage Conservation Area
- Land is flood prone above certain thresholds
- Land is bushfire prone (BAL-40 or BAL-FZ)
- Site has significant slope (varies by code)
- Property is contaminated land
- Development doesn't meet every single standard in the code
💡 Check your 10.7 certificate
Your Section 10.7 certificate will reveal most CDC exclusions: heritage, flood, bushfire, contamination. If any of these apply, you'll likely need a DA.
Development Application (DA)
A DA is the traditional approval pathway where council assesses your project on its merits. It's more flexible but takes longer.
Advantages of DA
- Flexibility – Can request variations to standards with justification
- Complex sites – Can handle heritage, flood, unusual constraints
- Any development type – Not limited to complying development codes
- Negotiation possible – Can work with council on design issues
Disadvantages of DA
- Time – 40-90+ days, sometimes much longer for complex projects
- Uncertainty – Approval not guaranteed even if you think you comply
- Cost – Application fees plus consultant reports add up
- Neighbour involvement – Objections can complicate approval
- Council only – Can't use a private certifier for DAs
Which Should You Use?
Use CDC when:
- Your property has no exclusions (heritage, flood, bushfire, etc.)
- Your project fits entirely within the code standards
- You want speed and certainty
- You want to avoid neighbour objections
Use DA when:
- Your property has any CDC exclusions
- You need to vary development standards
- Your project is complex or doesn't fit the codes
- You want to maximise development potential beyond code limits
⚠️ Don't assume CDC will work
Many people assume they can use CDC for a granny flat or renovation, only to discover their property is in a heritage conservation area or flood zone. Always check exclusions first.
The Hybrid Approach
Sometimes the best strategy is to lodge a DA for the main project, then use CDC for simpler elements. For example:
- DA for a new house on a heritage-affected lot
- CDC for a later swimming pool or shed (if not heritage-affected)
Your architect or town planner can advise on the best strategy for your specific situation.
What About Exempt Development?
There's actually a third category: exempt development. These are minor works that don't need any approval at all.
Examples of exempt development:
- Garden sheds under certain sizes
- Fences under certain heights
- Minor internal renovations
- Some decks and pergolas
Check the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 for the full list and requirements. Even exempt development has rules about size, setbacks, and heritage.