The First Big Step: Which Approval Path is Right for You?
You have a great idea for your home. It might be a new build, a renovation, or an extension. But before you can start building, you need to get approval. In NSW, this means choosing between two main paths: a Complying Development Certificate (CDC) or a Development Application (DA).
Picking the wrong one can cause long delays and cost you a lot of money. This guide is here to help you get it right. Since 1998, Michael Bell Architects has helped homeowners with their council approvals. As a registered NSW architect with 25+ years of architectural experience, we make the process clear and simple. We are a trusted architect for high-value properties because we know how to navigate the system. This guide shares our knowledge to help you move forward with your project.
What Are the Two Main Ways to Get Approval in NSW?
The law in NSW provides two different systems for approving a home project. One is a fast-track option for simple projects (CDC). The other is a more detailed process for complex jobs (DA). You don't get to choose. The rules for your land and your project will decide the path for you.
The Fast Path: Complying Development Certificate (CDC)
A CDC is a quick approval for common projects that follow a strict state-wide rulebook. If your design meets every single rule, you can use this path.
- Who Approves It? A registered certifier. This can be a private certifier or one from your local council.
- Best For: Standard new homes, extensions, granny flats, pools, and some knock-down rebuilds on simple sites.
- The Big Advantage: Speed. You can get a CDC approved in a few weeks. It is much faster than a DA.
- The Rule: No Flexibility. You cannot bend the rules. If your project is even one millimetre outside the standards, you cannot get a CDC.
What Stops You From Getting a CDC?
Your project will not be allowed on the CDC path if your land has certain planning controls. These are the most common issues:
- Heritage: The property is a heritage item or in a heritage conservation area.
- Bushfire Risk: The land is rated as high-risk bushfire prone (anything above BAL-29).
- Flood Prone Land: The property is in an area known for flooding.
- Sensitive Land: The site has protections for wildlife, the coast, or scenery.
- Council Rules: Your local council may have its own rules that block a CDC for certain projects.
- The Site Itself: Your block of land may be too small, too narrow, or too steep to qualify.
The Flexible Path: Development Application (DA)
A DA is a formal request you send to your local council. The council's planners will review your project based on its own merits and local rules. This is the path for any project that is more complex or needs some flexibility.
- Who Approves It? Your local council. Planners or a special panel will make the decision.
- Needed For: Any project that cannot get a CDC. This is the only path for work on heritage homes, sites with major risks, and apartment buildings. It’s also for any design that needs to bend the local rules. Many sustainable heritage renovations require this path.
- The Big Advantage: Flexibility. A DA allows your council submission architect to explain why your design is a good idea, even if it does not meet every single rule.
- Public Notice: With a DA, your neighbours are always notified. They can view your plans and make comments. This makes the process take longer.
How Do I Know Which Path My Project Needs?
The most important first step is to get a Section 10.7 Planning Certificate from your council. This document will list any issues like heritage or flood risk that force you to get a DA.
LGA / Region | Project Type | Key Issue on Site | CDC Path? | DA Path? | Why? |
---|---|---|---|---|---|
Inner West | Dual Occupancy | Standard lot, no issues | Yes | CDC is allowed for this project if all rules are met. | |
Ku-ring-gai | New Home | State Heritage Item | Yes | All work on heritage properties needs a full DA. | |
Penrith | Granny Flat | Flood Prone Land | Yes | A DA is needed to check the risk of building in a flood area. | |
Byron Shire | Home Extension | High Bushfire Risk (BAL-40) | Yes | The CDC rules do not apply to sites with high bushfire risk. | |
Woollahra | Dual Occupancy | Heritage Conservation Area | Yes | The heritage rules and council policy both require a DA. | |
Wagga Wagga | Swimming Pool | Standard Lot | Yes | A simple pool on a clear block is a typical CDC project. | |
Hunter Valley | Knock-Down Rebuild | Rural Land | Yes | Most projects on rural land are complex and need a DA. |
Why Planning Overlays Push You to the DA Path
Planning overlays are flags on your property that mean it needs a special, more careful review. If you have an overlay, you almost always need a DA. When dealing with local council heritage compliance, this is the only option.
- Heritage: A simple rulebook cannot judge a building's unique character or history. A DA is needed so a heritage expert can review the plans and ensure the changes are a good fit. This is a key part of the work for a heritage architect Sydney.
- Bushfire: For sites with high fire risk, a DA is required. This allows the Rural Fire Service (RFS) to check that your design and materials are safe enough.
- Flooding: Every flood area is different. A DA lets council engineers check a special flood report to make sure your home's floor level is high enough and the structure is strong.
A Simple Map of Each Approval Journey
The steps to get approved are very different for a CDC and a DA. Here is what to expect on each path.
The CDC Journey: Step-by-Step
- Check the Rules: First, we check your S10.7 certificate and the state rules to be sure you qualify. This is a vital first step.
- Get Documents Ready: You need a full set of plans. This includes architectural drawings, a BASIX certificate for energy efficiency, and engineering details.
- Certifier Review: Your certifier checks your plans against the rules. If they comply, the certifier issues the CDC.
- Start Building: Once you have the CDC, your builder can start work. The certifier will visit the site to inspect the work at key stages.
- Finish and Move In: After the final inspection passes, the certifier gives you an Occupation Certificate (OC). This means you can legally live in your new home.
The DA Journey: Step-by-Step
- Plan and Prepare: We study your council's local rules to create a smart design strategy. Knowing the rules helps avoid problems later.
- Create a Full Report: We prepare a larger set of documents. This includes detailed plans, a report on environmental effects (SEE), and any expert reports needed for heritage or bushfire issues. To see what this involves, read our guide on Architectural Planning in Sydney: A 7-Step Checklist for Your Dream Home.
- Lodge with Council: We submit the application to your council. The council then notifies your neighbours about the project.
- Council Review: A planner at the council reviews your project. They check it against all the rules and read any comments from the public.
- Get a Decision: The council or a panel will decide to approve your project, approve it with conditions, or refuse it.
- Get a Construction Certificate (CC): After the DA is approved, you still need a CC before you can build. This involves giving very detailed plans to a certifier.
- Build Your Home: The project is built and inspected. Once it is finished and passes the final check, you get your Occupation Certificate (OC).
Time, Cost, and Key People Explained
The path you take will have a big impact on your project's timeline and budget.
Who is Involved in Your Project?
- The Certifier: An expert who checks that your project follows the rules. They do not design your home. To understand their role, see our article that compares a Residential Architect vs. Building Designer
- The Council: The government body that approves all DAs. They check if your project is good for the local community.
- The Architect: Your main expert and guide. We provide a concept to construction architecture service that manages the whole process for you.
- Specialist Consultants: Experts you may need for a DA, such as a heritage consultant or bushfire planner.
How Long Does it Take and What Does it Cost?
A DA always takes more time and money than a CDC. This is due to council fees and the cost of expert reports.
Factor | Complying Development Certificate (CDC) | Development Application (DA) |
---|---|---|
Approval Time | 1–4 weeks | 3-6 months or more |
Public Notice Requirement | No | Yes, it is required |
Expert Reports | No | Yes, often for heritage, bushfire, or flood |
Approval Cost | ~ $2,000 – $10,000+ | ~ $8,000 – $25,000+ |
What Happens if There Is a Problem?
It is smart to plan for possible issues. Knowing your options helps you stay in control. A good architectural firm Sydney can help you avoid most of these problems.
Issue / Problem | Path | What To Do Next | The Impact |
---|---|---|---|
Your CDC is Refused | CDC | You can change the design to meet the rules. Or, you can switch paths and apply for a full DA. | A DA is a major fallback. It adds many months and more cost to your project. This is why a good check at the start is so important. |
Your DA is Refused | DA | You can ask the council to review its decision. Or, you can appeal to the NSW Land and Environment Court (LEC). | An appeal can work, but it is a legal process. It takes a lot of time and can be very expensive. |
Neighbours Object to Your DA | DA | The council will review their concerns. They may ask you to make small changes to your design. | Your architect can often avoid issues by creating a design that respects the neighbours and the street. |
You Find a Surprise Issue | CDC | The CDC path is blocked. You must stop and prepare a full DA. | This shows why you must get a current S10.7 certificate before you start designing anything. Surprises here can ruin a budget. |
Conclusion: Your Project's Success Starts With the Right Path
Choosing the right approval path is the most important first step for your project in NSW. A CDC is a great option for simple projects on clear sites. But a DA is the right and only path for any project with heritage, risk, or custom design needs. Knowing which way to go from the start saves you time, money, and stress. It is the core of a client-focused design approach.
At Michael Bell Architects, our job is to be your expert guide. As a National Trust heritage award winner, our team has a proven history of success with both CDC and DA approvals. We handle the paperwork, manage the experts, and stand up for your design. We ensure your high-end residential design is not just stunning but also gets approved smoothly.
If you are planning a project and want to be sure you are on the right path, we are here to help. Contact Michael Bell Architects for a Consultation.