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Helping you Understand the Exempt and Complying Development in NSW
Planning approval can feel complicated, but not every building project in NSW needs to go through the full Development Application process.
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, commonly known as the Codes SEPP, provides simpler approval pathways for certain low impact and straightforward developments across NSW.
What Is Exempt Development?
Exempt development covers minor building work and renovations that can be completed without formal planning or construction approval.
Common examples may include certain fences, sheds, carports, driveways, pergolas, air conditioning units and minor alterations. However, the work must satisfy every relevant development standard under the Codes SEPP.
Even when approval is not required, the work may still need to comply with the National Construction Code, Australian Standards and other applicable legislation. If the proposal fails to meet even one relevant standard, it may no longer qualify as exempt development.
What Is Complying Development?
Complying development is a combined planning and construction approval pathway for straightforward projects that meet predetermined standards.
Depending on the property and the applicable code, complying development may cover:
- New one or two storey homes
- Home renovations and extensions
- Garages, balconies and sheds
- Demolition work
- Certain commercial and industrial developments
- Some changes to an existing business use
A Complying Development Certificate, also known as a CDC, can be assessed by the local council or a registered certifier. This pathway is generally much faster than lodging a traditional Development Application.
Does Every Property Qualify?
No. Before a CDC can be issued, the proposal and the land must satisfy the relevant requirements of the Codes SEPP.
The assessment may consider the zoning of the property, lot size, building height, setbacks, landscaping, vehicle access, privacy, bushfire risk, flooding, heritage restrictions, easements and other site constraints.
The project must also meet applicable building requirements, including the National Construction Code, BASIX requirements and any required engineering or supporting documentation.
Speak With a Registered Certifier Early
Speaking with a certifier during the early design stage can help determine whether your project may qualify as exempt development, complying development or whether a Development Application will be required.
At Statewide Certifiers, we can review your proposed development, identify the relevant approval pathway and explain what documents will be needed before construction begins.
The consumer guide referenced above was published in 2011, so some terminology, legislation and assessment timeframes have since changed. The current Codes SEPP and current NSW planning requirements should always be relied upon when assessing a new project.
Frequently Asked Questions
Exempt development is minor building work that can be completed without formal planning approval, provided it meets all relevant standards under the NSW Codes SEPP. This may include certain sheds, fences, pergolas, driveways and small alterations.
Complying development is a faster approval pathway for straightforward building projects that meet predetermined planning and construction standards. Approval is issued through a Complying Development Certificate, also known as a CDC.
A CDC can be issued by a registered certifier or the local council. The certifier must confirm that the proposed work and the property meet all applicable requirements before approval can be granted.
No. Eligibility can depend on factors such as zoning, lot size, building height, setbacks, bushfire risk, flooding, heritage restrictions, easements and other site constraints.
Yes. Even when formal approval is not required, the work may still need to comply with the National Construction Code, relevant Australian Standards and other legal requirements.
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We issue Complying Development Certificates (CDC) for Strata and Torrens subdivisions under SEPP codes. Our experts assist with multi-dwelling project approvals, ensuring council compliance. We also provide certification for low-rise housing, including subdivision works, inspections, and plan certifications, ensuring compliance for developers and builders.
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Phone: 0418 621 389
Email: msmith@cehconsulting.com.au