What Is a Complying Development Certificate?

A complying development certificate (CDC) is an approval issued by a local council or accredited certifier that allows specified building work to be undertaken without the need for a construction certificate or development application. Work that can be undertaken with a CDC includes new homes, home additions, granny flats, swimming pools and some commercial construction.

Complying development must meet strict state government guidelines set out in the Planning Act 2016 and the NSW Government’s State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. These guidelines cover issues such as minimum property size, floor space limits, setbacks from boundaries, height limits, landscaping and tree preservation.

Once a CDC is issued, building work can commence immediately. A CDC cannot be issued retrospectively, so it is important to ensure that you obtain one before commencing any work.

If you are undertake work that requires a CDC, you will need to engage the services of a registered certifier. A list of certifiers can be found on the NSW Fair Trading website. The certifier will assess your proposal against the criteria set out in the legislation and, if they are satisfied that it meets all the requirements, will issue a CDC.

It is important to note that a CDC does not approval approval for any planning or environmental matters that may be required in addition to the building approval, such as rezoning, 8 EPA approval or tree removal approval. You will need to check with your local council or the NSW Department of Planning & Infrastructure to see if any other approvals are required prior to commencing work.

There are many benefits of having a complying development certificate, as it can save time and money when developing a property. Complying development is a process that assesses a proposed development against certain predetermined criteria, to see if it complies with planning controls. If the development does comply, then a certificate is issued which allows the development to proceed without the need for a planning permit. This can save significant time and money, as the development can proceed without having to go through the lengthy and expensive process of applying for a planning permit.

One of the main benefits of having a complying development certificate is that it can save a significant amount of time in the development process. Planning permits can often take months or even years to be approved, whereas a complying development certificate can be issued relatively quickly. This can be a major advantage for developers, as it allows them to start work on a project sooner and get it completed faster. This can also save money, as the longer a project takes to complete, the more it will cost.

Another benefit of having a complying development certificate is that it can simplify the development process. Rather than having to deal with different sets of planning controls, developers only need to comply with the criteria set out in the certificate. This can make the process of developing a property much simpler and less complicated, as there is no need to navigate through a maze of different planning regulations.

Overall, there are many benefits of having a complying development certificate. It can save time and money, and simplify the process of developing a property.

A complying development certificate is a certificate that is issued by a local council or an accredited certifier which confirms that the proposed development is complying with the relevant standards contained in the Development Control Plan (DCP) for the area. The main purpose of a complying development certificate is to streamline the development approval process for certain types of development that are deemed to be of low risk.

However, there are some limitations to a complying development certificate. One such limitation is that a complying development certificate only applies to specific types of development. This means that not all development can be approved via a complying development certificate. For example, development that is likely to have a significant impact on the environment or on the amenity of the area may not be able to be approved through the use of a complying development certificate.

Another limitation of a complying development certificate is that the development must comply with all of the relevant standards contained in the DCP. This means that if the proposed development does not comply with even one of the standards, then it cannot be approved through the use of a complying development certificate. This can often be a difficult requirement to meet, particularly for smaller developments.

Finally, it should be noted that a complying development certificate does not guarantee approval for the proposed development. The issuing of a certificate simply means that the development complies with the relevant standards contained in the DCP. It is still up to the relevant authority to determine whether or not the development should be approved. This can often be a lengthy and complicated process.

There is no definitive answer to this question as it can vary depending on the local council area and type of development. However, as a general guide, a complying development certificate (CDC) is generally valid for 10 years. This means that provided the development complies with the relevant planning and building codes and standards, the CDC will remain valid for 10 years.

There are a few things to keep in mind that could impact the validity of a CDC. First, if there are any changes to the planning controls in the local council area, this could invalidate the CDC. For example, if the council introduces a new height limit that is lower than what was originally approved in the CDC, then the CDC would no longer be valid. Second, if there are any changes to the building codes and standards, this could also invalidate the CDC. For example, if the fire code is updated and the new code requires a different type of fire sprinkler system than what was originally approved in the CDC, then the CDC would no longer be valid.

It is important to keep these things in mind when relying on a CDC for development approval. If there are any changes to the local council controls or building codes and standards, it is always best to check with the council to see if the CDC is still valid.

A complying development certificate can be renewed in certain circumstances. For example, if the original certificate was issued for a period of less than 12 months, and the development has not changed, a new certificate can be issued for the remaining period. Alternatively, if the original certificate was issued for a period of 12 months or more, and the development has not changed, a new certificate can be issued for a period of up to 5 years. In both cases, the new certificate must be applied for prior to the expiration of the old one.

The ability to renew a complying development certificate can be useful in a number of situations. For instance, it can allow for a temporary development to be extended if the original certificate was issued for a shorter period than intended. Alternatively, it can allow for a permanent development to be maintained without the need for a new certificate application, saving time and money.

However, there are also some drawbacks to renewing a complying development certificate. First, the approval process can be slow, particularly if the development has changed significantly since the original certificate was issued. Second, the costs of renewing a certificate can add up, especially if multiple renewals are required. Finally, there is always the possibility that the renewed certificate will be rejected, in which case the development would need to be reapplied for approval.

Overall, renewing a complying development certificate can be a helpful way to keep a development running smoothly, but it is important to be aware of the potential drawbacks before doing so.

If a development does not comply with a complying development certificate, the certifying authority may issue a notice of non-compliance. The notice will state the reasons for the non-compliance and may require the development to be modified or removed. If the notice is not complied with, the certifying authority may take enforcement action which could result in the development being demolished.

A complying development certificate (CDC) is a certificate issued by a local council or accredited certifier which states that a development proposal complies with the provisions of the relevant planning controls.

The certificate is generally only issued after the erection of any required signage, and the construction or alteration works having been completed in accordance with the plans and specifications approved as part of the certificate. A CDC cannot be issued for proposals which do not comply with the planning controls.

If it is later discovered that the works do not comply with the approved plans and specifications, or the works are not in accordance with the provisions of the planning controls, the council or certifier can revoke the CDC.

The development application (DA) process is the formal process that must be followed when proposing new development or undertaking changes to existing development. Depending on the type and scale of the development, different processes and approvals may be required.

A complying development certificate (CDC) is a certificate that certifies that a proposed development or building work complies with the provisions of the relevant planning instrument and the Building Code of Australia (BCA). A CDC can be issued by either a private certifier or the local council.

If a development does not comply with a CDC, the owner or developer may appeal to the NSW Land and Environment Court. This is a formal process and the Court may hear evidence from both parties before making a decision. The Court may decide to:

- Uphold the CDC and require the development to be carried out in accordance with the certificate; - Vary the CDC and allow the development to be carried out with some modifications; or - Set the CDC aside and allow the development to be carried out without the need for a CDC.

If the Court decides to set the CDC aside, the owner or developer may still need to obtain other approvals from the local council or other authorities before the development can proceed.

The potential consequences of not having a complying development certificate are significant. By not having a certificate, you may:

- breach the terms of your planning approval, which can lead to enforceable action being taken against you by the local council;

- be required to remove any unauthorised work that does not comply with the planning approval; and

- face expensive fines.

Not having a complying development certificate can also make it difficult to sell your property, as potential buyers may be concerned about the lack of compliance with planning regulations.

If you are thinking about undertaking development work on your property, it is essential that you ensure you have the necessary certificate in place before commencing any work. failure to do so could result in significant problems down the line.