How to Apply for a Complying Development Certificate (CDC) in NSW

A Complying Development Certificate (CDC) is one of the fastest ways to get building approval in New South Wales. If your project meets the standards set out in the SEPP (Exempt and Complying Development Codes) 2008, you can go from application to approval in as little as 10 days. This guide walks through the full process: who can issue a CDC, what documents you need, and what happens after it’s approved.

Who can issue a CDC in NSW?

A CDC can be issued by either a private accredited certifier or your local council. Both have the same legal authority to assess and determine CDC applications under the Environmental Planning and Assessment Act 1979.

In practice, most CDC applications go through private certifiers. The reasons are straightforward: private certifiers typically offer faster response times, a single point of contact, and more flexibility with communication. Council can also issue CDCs, but their assessment timelines are often longer due to workload, and the process can feel less personal.

It’s important to understand that a private certifier issuing a CDC is not cutting corners or bypassing regulation. They’re exercising the same statutory powers as council, assessing against the same standards, and are subject to audit by Building Commission NSW. The Building and Development Certifiers Act 2018 governs their registration and conduct.

What documents do I need for a CDC application?

The documentation requirements for a CDC application are specific and must be complete before the certifier can start the formal 10-day assessment period. Submitting incomplete documentation is the most common reason for delays. Here’s what you’ll typically need:

Architectural plans: Site plan, floor plans, elevations, sections, and a schedule of materials and finishes. These must be drawn to scale and clearly show the proposed development in relation to the property boundaries, existing structures, and neighbouring buildings.

Engineering documentation: Structural engineering plans and certification, plus a geotechnical (soil) report if required. For areas with reactive soil conditions, soil classification testing is essential to ensure the foundation design is appropriate for the site.

BASIX certificate: Required for most residential development. The BASIX (Building Sustainability Index) certificate assesses the project’s water efficiency, thermal comfort, and energy usage. You generate this through the NSW Planning Portal before lodging your CDC application.

Survey plan: A registered surveyor’s plan showing the property boundaries, existing structures, levels, and any easements or restrictions on title.

Compliance reports: Depending on the project, you may need additional reports such as a stormwater management plan, a bushfire assessment (if applicable), a contamination report, or an acoustic report (for properties near main roads or railways).

Title documents: A current title search and any relevant 88B restrictions or covenants that may affect the development.

Statement of compliance: A statement confirming the proposed development complies with all applicable standards under the relevant SEPP.

Do I need a BASIX certificate for a CDC?

Yes, for most residential development in NSW. A BASIX certificate is mandatory for new dwellings, granny flats (secondary dwellings), and significant alterations and additions. It’s also required for swimming pools and spas in many cases.

BASIX assesses three areas: water efficiency, thermal comfort, and energy usage. Your project needs to meet minimum benchmarks in all three. The certificate is generated online through the NSW Planning Portal, and your architect or designer will typically prepare the inputs as part of the design process.

Your BASIX certificate must be obtained before lodging your CDC application. It forms part of the mandatory documentation, and a certifier cannot accept an application without it.

How do I apply for a CDC step by step?

Here’s the CDC application process from start to finish:

Step 1: Check eligibility. Before you invest in detailed plans and reports, confirm that your project and property meet the complying development standards. An accredited certifier can do a preliminary assessment based on your site details and proposed scope. For a detailed eligibility checklist, see our guide on what a CDC is and how to check if you qualify.

Step 2: Prepare your documentation. Engage your architect, engineer, and surveyor to prepare the required plans and reports. Obtain your BASIX certificate through the NSW Planning Portal. Gather title documents and any specialist reports needed for your site.

Step 3: Choose a certifier. You can apply through a private accredited certifier or your local council. If you’re using a private certifier, contact them early so they can confirm your documentation requirements and flag anything that might be missing. For guidance on what to look for, see our article on what a building certifier does.

Step 4: Lodge your application. Submit your CDC application and supporting documents via the NSW Planning Portal. The Planning Portal fee is $47 per lodgement. Your certifier will review the submission for completeness.

Step 5: Assessment and determination. Once the certifier confirms all documentation is in order, the 10-day statutory determination period begins. The certifier assesses your proposal against the relevant SEPP standards, the National Construction Code, and any applicable Australian Standards. If everything complies, the CDC is issued.

Step 6: Notification. After the CDC is issued, you must notify your neighbours and council at least two days before work starts. The certifier will advise on the notification requirements.

What happens after a CDC is approved?

Getting your CDC is the green light, but there are a few things that need to happen before construction begins and during the build itself.

Appoint a Principal Certifier (PC). Before building work starts, you need to formally appoint a PC. The PC can be the same certifier who issued your CDC, or a different one. The PC’s role is to oversee compliance during construction, conduct the mandatory critical stage inspections, and issue the Occupation Certificate at the end. The appointment of the PC is your decision as the property owner, not the builder’s.

Notify neighbours and council. You’re required to give at least two days’ notice before work commences. This includes notifying adjoining property owners and the local council.

Confirm insurance and licensing. Your builder must hold the appropriate licence for the work and have Home Building Compensation Fund (HBCF) insurance in place for residential work valued at over $20,000 including GST.

Construction begins. Once the PC is appointed and notifications are given, building work can commence in accordance with the approved CDC plans and conditions.

What inspections are required during a CDC build?

The inspection requirements for a CDC build are the same as for any residential building work in NSW. For Class 1 and 10 buildings (houses, granny flats, garages, carports), there are six mandatory critical stage inspections set out in the EP&A (Development Certification and Fire Safety) Regulation 2021, Section 61:

1. After excavation, before footings. The PC inspects the excavation to verify soil conditions and confirm the footing design is appropriate for the site.

2. Before pouring reinforced concrete. Checks that reinforcement is correctly placed and complies with the engineering specifications.

3. Before covering framework. Inspects the structural framework (floor, wall, roof) before it’s enclosed by cladding or linings.

4. Before covering waterproofing. Verifies that waterproofing in wet areas (bathrooms, laundries, showers) has been applied correctly before tiling covers it. This is a critical inspection because once tiles are laid, the waterproofing is hidden and failures may not appear for months.

5. Before covering stormwater drainage. Confirms stormwater connections are installed correctly before they’re buried.

6. Final inspection. A comprehensive inspection after all building work is complete. This must be carried out by the Principal Certifier (not delegated). If the building passes, the PC issues an Occupation Certificate (OC).

These are the minimum mandatory inspections. Your PC may schedule additional inspections depending on the complexity of the project. A thorough certifier will often inspect more frequently, not less. For more detail on what happens at each stage, see our guide to what a building certifier does in NSW.

When does a CDC expire?

A CDC is generally valid for five years from the date it is issued. Building work must commence within this period. If no work has started within five years, the CDC lapses and you would need to lodge a new application.

Once building work has commenced, the CDC remains in effect for the duration of the project. There is no separate expiry for completion, though excessively long construction timelines may trigger additional compliance requirements or inspections.

If your plans change significantly after the CDC is issued, you may need to apply for a modification or, in some cases, a new CDC. Minor changes that still comply with the relevant standards can sometimes be accommodated through the modification process. Discuss any proposed changes with your certifier before proceeding.

Frequently asked questions

Can a private certifier issue a CDC in NSW?

Yes. Private accredited certifiers have the same authority as council to assess and issue CDCs. They’re registered under the Building and Development Certifiers Act 2018 and subject to audit by Building Commission NSW. Many applicants choose private certifiers for faster turnaround and more direct communication.

Do I need a BASIX certificate before applying for a CDC?

Yes, for most residential development. BASIX is mandatory for new dwellings, granny flats, significant alterations, and swimming pools. You generate the certificate through the NSW Planning Portal, and it must be included with your CDC application.

How long does it take to get a CDC approved?

A certifier must determine a CDC application within 10 days of receiving all required documentation. The total process from initial submission to determination is typically two to three weeks, allowing time for documentation review and any clarifications needed before the 10-day clock starts.

When does a CDC expire?

A CDC is valid for five years from the date of issue. Building work must commence within this period or the CDC lapses. Once work has started, the CDC remains in effect for the project’s duration.

What happens after a CDC is approved?

You appoint a Principal Certifier, notify neighbours and council at least two days before work starts, and confirm your builder’s licensing and insurance. During construction, the PC conducts six mandatory critical stage inspections. After the final inspection, the PC issues an Occupation Certificate.

Key takeaways

• A CDC can be issued by a private accredited certifier or council. Both have the same legal authority.
• Complete documentation is essential. Missing documents delay the start of the 10-day assessment period.
• A BASIX certificate is mandatory for most residential CDC applications.
• After approval, you must appoint a Principal Certifier and notify neighbours before work starts.
• Six mandatory critical stage inspections are required during construction, with the final inspection conducted by the PC.
• A CDC is valid for five years. Work must commence within this period or the certificate lapses.