What is the Complying Development Process?

Complying Development (CDC) is a fast‑tracked approval pathway in New South Wales that allows certain types of building work to be approved without lodging a Development Application (DA). Instead of going through council’s full assessment process, a CDC is issued by a Private Certifier or the local council, provided the proposal meets a strict set of pre‑defined planning and building rules.

Where a DA involves broader planning judgement, a CDC is black‑and‑white compliance: If you meet every numerical control → you get approval. If you don’t → you can’t use CDC.

What is the purpose of Complying Development?

The CDC system was created to:

• Speed up approvals for low‑impact development

• Reduce unnecessary delays

• Provide certainty for homeowners and builders

• Free up councils to focus on more complex applications

When used correctly, a CDC can turn what might be a 3–6 month DA process into an approval issued in as little as 10–20 days.

A Step‑by‑Step Guide to the CDC Process

Below is a clear breakdown of how the Complying Development process works in NSW and what is required at each stage.

1. Engage a Designer or Building Professional

Just like with a DA, the first step is engaging a designer to assess your site and determine whether your project can qualify for CDC. This involves reviewing the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, commonly known as the Housing Code. A section 10.7 Planning certificate can also outline the site specific controls and can help determine if CDC is applicable.

2. Determine Eligibility

Your designer will check whether the site meets the baseline requirements, including:

• Zoning

• Bushfire risk

• Flood risk

• Lot size and width

• Heritage restrictions

• Environmental constraints

• Proximity to boundaries, easements, or infrastructure

If the site fails any of these, CDC is not possible and a DA is required instead.

3. Prepare the Design & Documentation

Once eligibility is confirmed, detailed plans and documents are prepared, including:

• Architectural drawings

• Site plan and setbacks

• BASIX / NCC requirements

• Stormwater design

• Shadow diagrams (if required)

• Engineering plans (slab, framing, etc.)

• Building specifications

Because CDC is rule‑based, the drawings must precisely demonstrate compliance with every numerical control.

4. Obtain Supporting Reports

Depending on the site, you may need:

• Bushfire Assessment to confirm the site is not BAL-40 or FZ

• Flood Report

• Structural Engineering

• Waste Management Plan

• Stormwater / Hydraulic Design

These documents help the certifier verify compliance.

5. Apply Through the NSW Planning Portal

All CDC applications are lodged online. Your designer or certifier uploads the required documents and pays the applicable fees.

6. Certifier Assessment

The Private Certifier (or council) will:

• Review the plans

• Check compliance against the Housing Code

• Request any additional information

• Confirm all controls are satisfied

Unlike a DA, there is no neighbour notification and no subjective assessment.

7. Issue of the Complying Development Certificate

If everything complies, the certifier issues:

• Complying Development Certificate (CDC)

This authorises construction to begin.

8. Construction & Mandatory Inspections

During the build, the certifier conducts inspections at key stages:

• Footings

• Slab

• Framing

• Waterproofing

• Final inspection

Once complete, the certifier issues an Occupation Certificate.

Why Choose CDC Over a DA?

Speed - Approval in weeks, not months.

Certainty- If you meet the rules, you get approval, no subjective judgement.

Cost‑effective - Fewer reports, fewer delays, fewer council fees.

Streamlined - No neighbour objections, no public exhibition.

Pro tip! - A 10.7 planning certificate can be obtained from council or can be found at the back end of your contract of sale, if the property was sold within the past 15 years. This document is an in depth compliance document that can help your designer determine compliance or which planning pathway is best suited.

Conclusion

Is CDC Always Better?

Not always. CDC is fantastic when you qualify, but the rules are strict. If your design needs flexibility, or your site has constraints, a DA may be the better pathway or the only option.

For help with CDC its best to engage a thorough designer who can help navigate the intricacies of compliance, Inmind Building design can help you navigating the process seamlessly.

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