Home Building & Designing Questions

Exempt development- Minor building renovation works not required to have planning approval through council or via a private certifier/PCA. An exempt would be a bathroom or kitchen renovation. Important not licensed trades people should still be engaged. You can view the legislation guidelines of exempt development Via the SEPP link below. https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572

Comply Development Certificate or CDC is a NSW fast tracked approval process for straightforward legislation, introduced to reduce pressure off councils for simplified development proposals. Approval given by a PCA (principal certifying authority) Private or Council. The comply development certificate, is like development consent and construction certificate in on.

The CDC legislation framework can be found under Part 3 of the housing code https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.3 and the development standards are set around –

-Maximum building height

-Maximum Gross floor area

-Minium setbacks from roads & boundaries,

-Minimum Landscape Area

-Privacy Requirements

It’s important to note that not every project is suited or will qualify for a CDC and the whole project must comply with all the requirements to gain approval through this method.

Approval through this method can generally take between as little as 28days once uploaded to the planning portal, provided you have all the consultant documents already obtained.

Once the certificate is issued works can commence within 7 days of the neighbour notification period in which they will be notified of the works. They don’t receive plans with their notification, nor can they object to the proposed development.

A DA or “development application” is the more traditional method of planning approval. Your development will have an individual legislative matrix developed for your unique project, in which the design will be created comply to the framework. Variations can often be granted to no compliance clauses; however, it is often up to council’s town planners’ interpretation and the development isn’t exceeding 10% of the legislative control.

I our experience council may take as little as 3months to issue a determination notice or in some scenarios take up to 6-12months, depending on the individual council, their current workload, and your development proposal. It is often recommended to gain assistance by a town planner when navigating complex developments and legislation.

Once Approval is obtained it is in the form of a DA consent. The DA consent is a formal notice that outlines all the conditions of the approval and the approval lapsing timeframe.

A construction certificate will need to be gained prior to starting work onsite, once a PCA (principal certifying authority) is nominated they will outline the requirement sand items to be met prior issuing of the construction certificate:

Often but not limited to the following obtained for the project: long service levy, HBCF, structural design, hydraulic design, specifications, section 7.11, sewer provider approval and plans stamped.

Refers to an item (for example a fixture or fitting) that either has not been selected or cannot be costed exactly at the time the contract is entered into and for which the builder has made allowance in the contract price. Professional builders will look at eliminating or minimising the amount of PC items that go into a contract via prebuild selection appointments and consultation, especially post covid. Items should be selected prior to commencement onsite. FYI beware of builders who nominate guesstimates or ballpark figures to these areas they may look at lowering these values to assist with lowering the overall bottom line of the project initially, only to adjust to the real value once contracts are signed and work commence for the item.

An item of work (including labour and materials) which cannot be costed exactly at the time that the contract is entered into and for which the builder has made an allowance in the contract price. This could be for example earth works or demolition, where it is unknown to allow exactly what the conditions or what might be uncovered until that work item starts and exposes the unknown.

Professional builders will conduct due diligence via investigations to eliminate or minimise PS items in the contract. A contingency % guide might be provided by the builder to assist with worst case scenario. FYI beware of builders who nominate guesstimates or ballpark figures to these areas.

What Are the different forms of planning approval?