What is a Complying Development Certificate (CDC) in NSW?

A Complying Development Certificate (CDC) is a fast-tracked building approval that combines planning permission and construction approval into a single certificate. It is one of the quickest ways to get approval for a building project in NSW, and for eligible projects, it can save weeks or months compared to the traditional Development Application pathway.

This guide explains what a CDC is, which projects qualify, the eligibility criteria you need to meet, and what to do if your project does not qualify.

What does CDC mean in building and how does it work?

CDC stands for Complying Development Certificate. In practical terms, it means your project meets a specific set of pre-approved standards defined in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (commonly called the Codes SEPP). Because the standards are pre-defined, the assessment process is straightforward: if your project meets every standard, the certifier issues the CDC. There is no discretionary assessment of planning merit, no neighbour notification, and no council planning committee involved.

A CDC is issued by either a private building certifier or a council certifier. Both have identical legal authority under the Environmental Planning and Assessment Act 1979 (NSW). The certifier assesses your application against the relevant standards, and if everything complies, issues the certificate. The statutory determination period is 10 business days from when a complete application is lodged.

Once a CDC is issued, a Principal Certifier (PC) must be appointed to conduct the mandatory critical stage inspections during construction, and an Occupation Certificate (OC) is required at the end before the building can be legally occupied.

Does my project qualify for a CDC in NSW?

Your project qualifies for a CDC if it meets all the standards in the relevant part of the Codes SEPP. The most common types of residential development that can be approved via CDC include:

• New dwelling houses (single and double storey)
• Granny flats (secondary dwellings) up to 60 square metres
• Alterations and additions to existing houses
• Swimming pools
• Garages, carports, and outbuildings
• Demolition of buildings
• Some commercial and industrial developments

However, meeting the type of development is only the first step. Your project must also meet all the specific development standards for your zone, including setbacks, building height, floor space ratio, landscaping, and other site-specific controls. If any single standard is not met, the project cannot be approved as complying development.

• Zoning: The property must be in a residential zone that permits the type of development you are proposing (check the NSW Spatial Viewer for your property’s zoning)
• Lot size: The property must meet the minimum lot size requirements for your zone
• Building height: The proposed building must not exceed the maximum height standard for complying development in your zone (typically 8.5 metres for a dwelling house)
• Floor space ratio (FSR): The total floor area of all buildings on the site must not exceed the allowable FSR
• Setbacks: The building must meet minimum setback distances from front, side, and rear boundaries
• Landscaping: A minimum percentage of the site must be maintained as landscaped area
• Not heritage: The property must not be heritage-listed or in a heritage conservation area (with limited exceptions)
• Not flood-prone: The property must not be on flood-prone land (or must meet specific flood standards if applicable)
• Not bushfire-prone: Additional requirements apply if the property is in a bushfire-prone area
• BASIX compliance: A BASIX certificate is required for most new residential development

This checklist covers the main criteria, but the full standards in the Codes SEPP are more detailed. A certifier can assess your specific project and tell you definitively whether it qualifies.

Can I get a CDC for a double storey house?

Yes, in many cases. Double storey dwelling houses can be approved via the CDC pathway provided the building meets all complying development standards, including the maximum building height (typically 8.5 metres), setback requirements (which are usually larger for two-storey buildings than single-storey), and privacy controls (such as screening or offset windows on upper levels that overlook neighbouring properties).

The key constraint for double storey homes is often the setback and privacy standards. Upper-level windows and balconies that overlook adjoining properties may need to be screened, offset, or have sill heights raised to meet the privacy standards in the Codes SEPP. Your architect or designer should be aware of these requirements when preparing the plans.

If your double storey design cannot meet one or more of the complying development standards, the DA pathway is the alternative. A certifier can review your plans and advise which pathway applies.

Can I get a CDC for a granny flat in NSW?

Yes. Granny flats (secondary dwellings) are one of the most common types of development approved via CDC. To qualify, the granny flat must:

• Not exceed 60 square metres in total floor area
• Be on a lot that permits secondary dwellings under the applicable Local Environmental Plan
• Meet all relevant setback, height, and site coverage standards
• Comply with BASIX requirements
• Not be on heritage-listed land or in a heritage conservation area

The CDC pathway is particularly popular for granny flats because it avoids the DA process entirely. There is no council assessment of planning merit, no neighbour notification, and the statutory determination period is 10 business days. For many homeowners, this means the approval process takes weeks rather than months.

For more detail on the CDC process and what’s involved, see our service page.

What if my project does not qualify for a CDC?

If your project does not meet all the complying development standards, you have two options:

Option 1: Modify the design to comply

In some cases, relatively minor design changes can bring a project within the complying development standards. For example, reducing the building height by 200mm, increasing a side setback, or adjusting window positions to meet privacy standards. A certifier can identify which standards are not met and advise whether modifications are feasible. This is often the quickest and cheapest path to approval.

Option 2: Lodge a Development Application

If the project cannot be modified to comply, the DA pathway is the alternative. You lodge a Development Application (DA) with your local council. Council assesses the application against broader planning controls, which includes a merit-based assessment that considers factors like neighbourhood character, amenity impacts, and environmental considerations. Council may also notify neighbours and consider their submissions.

Once the DA is approved, you then engage a certifier to issue a Construction Certificate (CC) before building work can commence. The certifier then conducts the mandatory inspections and issues the Occupation Certificate at completion.

The DA pathway is slower (typically 40-60+ business days for assessment, though timeframes vary significantly by council) and involves council fees, but it provides more flexibility for projects that do not fit within the complying development standards.

For a detailed comparison of both pathways, see our guide to CDC vs DA: which approval pathway should you choose?

Who can issue a CDC in NSW?

A CDC can be issued by a registered building certifier (either a private certifier or a council certifier). Both have identical authority under the EP&A Act 1979. The process is the same regardless of who issues it: the certifier assesses your application against the complying development standards and, if everything complies, issues the certificate.

The advantage of using a private certifier is typically speed and direct communication. A private certifier manages their own workload and can often assess and determine your application faster than a council certifier, who processes all council applications in queue order.

When choosing a certifier for your CDC application, look for one who has experience with your type of project and your local area. A certifier familiar with the specific requirements of your council area will be able to identify any potential issues early and advise on how to address them. For guidance on choosing a certifier, see our guide to choosing a building certifier in Sydney.

Key takeaways

• A Complying Development Certificate (CDC) is a fast-tracked approval that combines planning and construction approval into one certificate.
• CDCs are determined within 10 business days, making them significantly faster than the DA pathway.
• Your project must meet all complying development standards in the Codes SEPP to qualify. If any standard is not met, the CDC pathway is not available.
• Common CDC projects include new houses, granny flats, alterations and additions, pools, and demolitions.
• Double storey houses can qualify for a CDC but must meet height, setback, and privacy standards.
• Granny flats up to 60 square metres are among the most common CDC applications.
• If your project does not qualify, you can modify the design to comply or go through the DA pathway.
• A private certifier can assess your project, issue the CDC, conduct inspections, and issue the Occupation Certificate.

The CDC pathway is one of the best tools available to homeowners and builders in NSW. If your project qualifies, it saves time, cost, and complexity. The first step is always to check eligibility, and a certifier can do that for you quickly.