CDC vs DA – Understanding Building Approvals in NSW

When you build or renovate in New South Wales you will typically be required to have your plans approved in the form of a Development Application (DA) or Complying Development Certificate (CDC). 

The nature and extent of works will determine whether a Complying Development Certificate (CDC) or Development Application (DA) is required. In this article, we’ll explain the key differences between a CDC and DA, differences in the planning and approvals process, and explain the framework for when a DA or CDC is required.

Table of contents

• Development Application (DA)
  • What is it?
  • Purpose
  • Review process
  • When do you need one
• Complying Development Certificate (CDC)
  • What is it?
  • Purpose
  • Review process
  • When do you need one
• DA vs. CDC – What’s the difference?

An Overview of Development Applications (DA) in NSW

What is a DA?

A Development Application (DA) is a formal request sent to your local council through the online NSW Planning Portal seeking approval for building or renovation works.

Purpose of a DA

The purpose of a Development Application is to seek consent for your local council to carry out development works that are submitted under Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

Who reviews a DA?

Once a Development Application is submitted through the NSW Planning Portal it is then filtered to your local council. Local councils are responsible for reviewing and approving development applications in NSW in-line with local planning laws, controls, and assessment criteria.

When do you need a DA?

A Development Application is required in NSW when plans exceed what is considered to be minor works or a low impact project. These are classified as an “exempt development”. A complete list of exempt developments can be found on the NSW Government website. 

A Development Application is required when your proposed building or renovation works involve more extensive renovations such as changes to design, significant renovations including addictions, or any work that may cause disruption to neighbours. If your proposed renovations do not appear on the exempt list, then a DA is generally required to be lodged for the local council to review and consider your proposed works.

An Overview of Complying Development Certificates (CDC) in NSW

What is a CDC?

A Complying Development Certificate (CDC) is a combined planning and construction approval framework intended to fast-track developments that are deemed to be straightforward. The Complying Development Certificate was first introduced in NSW back in 1998 alongside private certification to fast-track approval for straightforward developments. The NSW CDC framework that exists today is defined under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and first came into effect on the 27^th  February 2009.

Purpose of a CDC

The Complying Development Certificate was introduced by the NSW Government as a way to expedite the approval process for renovation and construction projects that are deemed to be low impact and meet specific standards. A CDC is submitted in Lieu of a DA and removes the need for the full review process required by a DA.

Review and approval for a CDC

A Complying Development Certificate (CDC) is applied for through the NSW Planning Portal and assessed by either the local council or a registered certifier. Certifiers – whether private or local council – are responsible for determining whether proposed works meet complying development standards under NSW planning rules, as well as applicable planning controls. If the proposed works meet those requirements, the certifier can issue the CDC. Once a CDC is approved, the required plans, certificates, and supporting documentation must be lodged through the NSW Planning Portal before building work can commence. A principal certifier must be appointed to carry out the required inspections during construction.

When do you need a CDC?

A Complying Development Certificate (CDC) is generally required for works that are more substantial than those included as an “exempt development” but still meet the standards for complying development under the NSW planning rules.

DA vs. CDC – What’s the difference?

A simplistic explanation would be to say that a CDC sits between exempt minor works and a full-blown Development Application (DA). In reality, eligibility for a CDC isn’t determined solely by the extent of the works, but by whether the proposed development and the land meet the specific standards for complying development. If those standards cannot be met, a DA is usually required.

Key differences between a DA and CDC

• Speed of approval: CDC is typically much faster than a DA
• Planning and design flexibility: A DA offers greater planning and design flexibility

If your works can meet the applicable planning requirements, then a CDC is a good way to fast-track development works without getting bogged down in an extended approval process. If customisation and flexibility in project planning and scope is important, then a DA provides far more room, however it pays for it in a longer more involved planning approval process.