What is a Complying Development Certificate (CDC)?

Permits-aquisition_pjct-mgmtBy Christine Xegas

We have been asked by a number of clients to explain the difference between a Complying Development Certificate and a Development Application. In a nutshell, a Complying Development Certificate (CDC) is issued by a private certifier rather than your local council and is assessed against a state government code rather than your local council code.

It is much quicker to approve, as government legislation states that your private certifier must issue the CDC within 10 days of lodgement, assuming that all the correct documentation has been lodged with the application. For a list of certifiers in your area, contact us.

What is the correct documentation? The documentation you will need is dependent on what you are building but generally you will require floor plans and elevations, site plan, engineering plans, approval by your local water company, a Basix certificate, a drainage plan and an updated Section 149 Certificate from council. 

Why don’t I do a CDC for all my developments? Your site must comply with some set codes in order for you to be able to do a CDC, such as boundary set backs, minimum lot sizes and street frontages.  If you are contemplating a new development and think you may be able to do it as a CDC, contact Plan Assist for further information.

If you are interested in speaking to one of our Project Managers about your project, contact us on 1300 039 801 today to arrange an appointment!

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Christine PicChristine Xegas is a Project Manager at Plan Assist. She orchestrates all aspects of our investor’s developments and has a strong commitment to achieving completion, within budget and on time. We take you through the different stages and processes which can include, site acquisition, development application, construction certificate, tender and contract signing, construction administration and management.

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35 Responses to What is a Complying Development Certificate (CDC)?

  1. Pingback: What is a Basix Certificate? | Plan Assist

  2. Pingback: What is a Section 149 Certificate? | Plan Assist

  3. Plan Assist says:

    Hi Tony,

    Thank you for your comment. I have passed your query onto one of our Project Managers who will send you some information which may be of assistance to you.

  4. Raj sethi says:

    I m looking for help to assist in getting approve a plan on lot in THE PONDS, the lot has a proposed substation

    • Plan Assist says:

      Hi Raj,

      Thank you for your comment. We can assist you in gaining approvals for your project. What are you looking to build on the site? Our office number is (02) 9449 2333 and our Project Manager Christine Xegas would be happy to talk to you further about the specifics of your project.

      Kind regards,

      Catherine

  5. Daniel says:

    Hi There

    Im renting a commercial property and just need to remove gyp rock wall, nothing else. Do I still need to get a cdc?

    Thanks
    Daniel

    • Admin says:

      Hi Daniel,
      Great question. Each project should be looked at on its own merits to determine whether a CDC is necessary, and generally speaking, removing one gyprock wall without any other works to the structure would not require a CDC in most cases. Its also important to check with the owner of the property first as I am sure you will.

  6. Craig says:

    Good morning, I need to obtain approval to demolish a house on my block. Is this something CDC is appropriate for?

    • Admin says:

      Hi Craig
      Great question and one we do often get asked.

      Yes the demolition of a home can usually be carried out as a complying development application. There are some situations such as Heritage Items, Bushfire Prone land etc where we will need to lodge a DA. Please let us know if you would like some assistance with your application.
      Kind Regards,
      Harry

  7. John Ozenc says:

    Hi
    I have a block of land in north kellyville DA for dual occupancy. I am looking to lodge a DA for an integrated development with the view of subdividing and building two dwellings. Can you assist with the process?

    • Admin says:

      Hi John,

      Yes, this is one of our specialties and we can certainly assist with your DA. The best thing to do would be to discuss the particulars of your site with one of our experts and work out the best way forward. I would suggest your next step is contacting Harry on 02 9449 2333 during business hours or email us at info@planassist.com.au for further direct contact. All the best with the project!

  8. Rhys says:

    Hi
    We have bought a terrace house on a block less than 200m2 and with a front of less 6m so there for does not comply with minimum requirements for cdc and I was trying to work out if that is an exemption or if DA approval will be required instead. We are looked at adding a second story to the house.

  9. Colin Saulig says:

    Do Complying Development Certificates need to be sent to Council once issued by a private certifier? Under what Act and which part?

    • Admin says:

      Hi Colin

      Thanks for the question, this is one that we get asked quite often.

      If a Complying Development Certificate is issued by a Certifier other than Council then a copy of the Certificate must be sent to Council for their records pursuant to the Environmental Planning and Assessment Act.

      Kind Regards,
      Harry Charalambous
      CEO Plan Assist Property Team
      P 02 9449 2333

  10. yk says:

    Hi there ,

    I bought battleaxe block of land in north kellyville and I am thinking to build attached 60sqm granny flat integrated to the main house. please advice if it is something easy to do in the hills council property going to have 6m wide shared driveway and land size is just over 500sqm ex handle.

    • Admin says:

      Hi

      Thanks for the enquiry.

      Yes we can definitely help you and what you are looking to do is possible (subject to the site constraints).

      If you would like to forward me whatever information you have – address, sales contract, sewer diagram, zoning certificate, survey etc I will have a look at your site and come back to you with my thoughts.

      Kind Regards,
      Harry Charalambous
      CEO Plan Assist Property Team

  11. Kris says:

    Hi, We have put in a DA for a new build as we are on bushfire prone land. We also need to seperately apply for demolition. Are we able to do the demolition as complying development? Thanks

    • Admin says:

      Hi Kris

      Thanks for the enquiry.

      Yes you can do the demolition as a complying development, depending on the BAL rating of your site. Depending on the BAL rating we have done several applications for new homes in bushfire zones as complying developments too.

      Please let us know if we can help with either the demolition application or the construction of your home if you haven’t engaged a builder as yet.

      Kind Regards,
      Harry Charalambous

      • Kris says:

        Thanks for your reply. The build itself will be BAL40 and we have already put through a DA application for this. We still need demolition approval as this was not included in the DA. Is the demolition alone complying development even though it is on fire prone land?

        • Harry Charalambous says:

          Hi Kris

          To be able to provide you feedback on that it would be best of you could please email us a copy of your zoning certificate and we can review it for you and let you know.

  12. Asim Haroon says:

    Hi,

    I have a house in Blacktown. I am planning to build an extension, I wish to remove the carport and build bedroom. The land size is 569Sq.m. Can you help me with that?

    Thanks

    • Admin says:

      Thanks for the enquiry.
      Yes we can help with the approvals as well as the building work if needed.
      From what you have detailed below we should be able to do that work as a complying development however would need more detail on the property and what you are looking to do so we can determine the right process.

  13. May says:

    We have all documentation prepared by an architect ready for DA lodgement application to build dual occupancy and demolish the old house. Is the Council the only certifying authority to issue a Development Application Approval?

    • Admin says:

      Hi
      Thanks for the enquiry.
      As of 6th July in certain circumstances you can have a dual occupancy approved as a complying development which negates the need for Development Application.

      If you do require a Development Application then yes it will need to be lodged with council which will also entail engineering, landscaping plans and other reports which may already have or still be required to obtain depending on what your architect has provided.

      Please let us know if you require any further assistance with preparation or lodgement of your application.

      Kind Regards,
      Harry Charalambous
      CEO Plan Assist Property Team

  14. Nic says:

    Hello! I’m interested in leasing a commercial property for use as a small quiet Pilates & PT studio, no late hours or loud music. The zoning is B4 and in speaking with both the council planner and the council certifiers they said the usage should be fine. It’s in a semi industrial area with some residents but not super close. Part of the building was a small sports game room and another part a dance space previously. But it seems there has been no recent consent on record for any use.

    I wouldn’t need to make any major changes, just bringing gym flooring, light equipment, massage table, and yoga mats etc. Would this be eligible for CDC or would a DA be required? Would either even be necessary?

    Thanks

    • Admin says:

      Hello Nic,

      Thanks for the enquiry.

      CDC is possible in commercial zones. As for whether what you are proposing would require a CDC or DA we would need to have one of our certifiers (or you could speak with council) to determine what the current use allows and then see if your proposed use would comply.

      As a starting point I would suggest speaking with council.

      We would be happy to assist with your application if required.

      Kind Regards,
      Harry Charalambous

  15. Adam Perry says:

    Hi There,
    This is an obscure one, and we have our reasons..but for argument sake could we potentially:
    1. Apply for a CDC for internal alterations to an existing single level dwelling, then after gaining approval…(before building the approved works)
    2. Apply for a second storey addition through DA method…
    3. Then build both approvals at the same time thereafter?

    Or would we have to build the first approval and get an OC before we can apply or the DA?

    I know it seems odd but again we have our reasons for this.. Council is enforcing a new flood level to ground floor even if we just make a small internal change..which is utterly ridiculous. We wish to use Part 4 Housing Alterations Code for internal changes (hopefully escaping the flood rule due to the internal only nature of the works) then apply for the upper floor through council (which doesn’t comply with CDC Housing Coe rules unfortunately- we checked).
    Thanks!
    Adam

    • Admin says:

      Hi Adam

      Yes you could undertake the approvals and then the building works in the manner you have suggested although most certifiers will ask for an updated zoning certificate when assessing a CDC.

      If the zoning certificate shows that you are in a flood zone it will mean the you either can’t obtain a CDC or if you can you will need to comply with the flood planning regulations anyway.

      We have obtained CDC approval for several clients in flood zones however you do need to obtain a certificate from an engineer supporting your application.

      Well done for thinking outside the box and good luck with your plans.

      Kind Regards,
      Harry Charalambous
      CEO Plan Assist Property Team

      • Adam Perry says:

        Thanks Harry for the quick response.
        We have engaged an engineer who initially told us a new home or additions would need to adhere to the new flood level (which is much higher than existing +800mm). If we only plan to make internal alterations within the existing home footprint would you think that a flood level would still apply? I’d have thought (hoped) it would only apply to actual “extensions” or new homes. If we have to lift the floor of the home up 800mm for some minor alterations we’ll have a ceiling height of under 2 metres!
        Is there no flood height exemption for internal alterations only? Part 4 Housing Alterations Code? Seems pretty crazy that if i wish to pull an internal wall or 2 out of my home that i’d have to provide an entirely new floor height throughout. That’s major works and we’d likely just not go ahead at all…
        Thanks in advance. It’s a sticky one i know, but any help you can provide is appreciated.

        • Admin says:

          Hi Adam

          I would suggest to liaise with a certifier before doing any plans or outlaying costs with engineers, that way you will know what will be accepted before you commence.

          Kind Regards,
          Harry

  16. Bing says:

    Hi, I have a big rumpus room and planning to erect 2 gyprock walls to become like a study room, tv room and play room within existing brick veneer house in Ryde Area (older than 1970s). Does this require a CDC for this work? We only have a basic floor plan provided by the conveyancing company which i would assume as the council’s records and if this will sufficient to get a CDC.

    Would appreciate your kind advise on whats best to carry this out? thanks and regards

    • Admin says:

      Hi
      Yes, as you are changing the floor plan you will require a CDC approval.
      This can be done through council or a private certifier. It sounds like it will comply however the certifier will need to confirm natural light and ventilation is sufficient to all rooms along with any BASIX requirements.
      Kind Regards,
      Harry Charalambous

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