The Complete NSW Residential Development Approval Guide

Understanding NSW Approval Pathways

In NSW, you cannot just start building. You need official permission first. This permission usually comes in one of two ways a Development Application (DA) or a Complying Development Certificate (CDC). Think of these as two different roads to the same destination. The one you take depends on your project.

What is a Development Application (DA)?

A Development Application, or DA, is the traditional and most common way to get approval. You submit your plans directly to your local council. A planning officer at the council will then look at your design. They check it against a set of local rules. These rules are in two main documents:

• Local Environmental Plan (LEP): This sets out the big picture rules for your area, like land zoning (e.g., residential, commercial) and what types of buildings are allowed.
• Development Control Plan (DCP): This has more detailed design rules. It covers things like building height, how far your house must be from the fence (setbacks), and even the types of materials you can use.

A DA is needed for projects that are more complex or unique. It gives the council flexibility to consider your design on its merits.

What is a Complying Development Certificate (CDC)?

A Complying Development Certificate, or CDC, is a faster and often cheaper path to approval. It is designed for straightforward projects that meet a very clear and strict set of state-wide rules. These rules are part of a policy called the State Environmental Planning Policy (SEPP).

With a CDC, you do not go to the council. Instead, a qualified professional called a private certifier assesses your plans. If your project ticks every single box in the state code, the certifier can issue your CDC. This means you can skip a lot of the council process.

DA vs. CDC: Which Path is Right for You?

Choosing between a DA and a CDC is one of the first big decisions you will make. Here is a simple breakdown to help you understand the difference.

When You Will Almost Always Need a DA

Some projects automatically require a DA. You cannot use the faster CDC path if your property is:

• A heritage-listed item.
• Located in a heritage conservation area.
• In a flood control area.
• On bushfire-prone land that needs a higher level of protection (BAL-40 or Flame Zone).
• Very close to a sensitive coastal area.

If you are unsure, the best first step is to get a Section 10.7 Certificate from your council. This document will tell you if any of these special conditions apply to your land.

The Role of the Private Certifier

If you use the CDC path, a private certifier is your main point of contact. A certifier is an accredited expert who has the authority to approve plans that comply with state codes. They can also issue other key certificates you need during construction. While they are not council employees, they are highly regulated and must follow the same building codes.

“Many clients hope for a CDC because it's faster. However, trying to force a project into the CDC box when it doesn't quite fit can cause more delays than a well-prepared DA. It's better to identify the right pathway from the start. We always do a thorough check of local and state rules before recommending a path.” – Michael Bell, Principal Architect

From Approval to Building: Your Next Steps

Getting your DA or CDC approval is a huge milestone. But it is not the final step. You need two more key certificates before you can start building and eventually move in.

The Construction Certificate (CC)

Once your DA is approved by the council, you need a Construction Certificate (CC). Think of the DA as the "what" (what you are allowed to build) and the CC as the "how" (how you will build it safely).

A CC confirms that your detailed construction drawings meet the National Construction Code (NCC), also known as the Building Code of Australia. It also ensures the final plans are consistent with what your DA approved. For example, the CC plans will have all the technical details for your builder, like structural engineering designs and detailed window specifications.

A private certifier or your local council can issue your CC. You cannot start any building work until your CC is in hand. Note: If you get a CDC, it already includes the permission to start construction, so you do not need a separate CC.

The Occupation Certificate (OC)

After all the building work is finished, there is one last piece of paper you need: the Occupation Certificate (OC). This is a very important document. It is the official certificate that confirms your new home or renovation is safe and suitable to live in.

A certifier will issue the OC after a final inspection. They will check that the building was completed in line with the approved plans and meets all safety standards. You cannot legally move into your new home until the OC is issued. It is also essential for things like home insurance and for when you eventually sell the property.

The Paperwork You Need: Key Certificates and Reports

Before you can even apply for approval, you need to gather information about your property. This involves getting several key certificates and, in some cases, hiring specialists to write reports. This paperwork gives your architect and the certifier or council the facts they need.

The Section 10.7 Planning Certificate

What is it? A Section 10.7 Certificate is an official document from your local council. It is a snapshot of all the planning rules that apply to your specific piece of land.

Why do I need it? It is the first thing your architect will ask for. It tells us about your zoning, and if there are any restrictions like heritage conservation, flood risk, or bushfire-prone land. It is the rulebook for your property.

How do I get it? You can order it directly from your local council’s website for a small fee.

The BASIX Certificate (Sustainability)

What is it? A BASIX Certificate is a document that shows your new home or renovation meets NSW Government targets for energy and water efficiency.

Why do I need it? It is mandatory for all new homes and large renovations in NSW. Your design must pass the BASIX assessment. It looks at things like:

• The type of insulation in your walls and ceiling.
• The performance of your windows (glazing).
• The efficiency of your hot water system.
• Whether you have a rainwater tank.

How do I get it? Your architect or a sustainability consultant will use an online tool to model your home's performance and generate the certificate to lodge with your application.

The Heritage Impact Statement (HIS)

What is it? An HIS is a special report needed if your home is heritage-listed or in a heritage conservation area.

Why do I need it? It explains the history and significance of your property. It then shows the council how your proposed renovation will respect that heritage. It is a key document to justify your design choices.

How do I get it? A heritage consultant usually prepares an HIS, working closely with your architect. At Michael Bell Architects, we have managed this process for many sensitive projects, from our Bondi Junction townhouse to our Wagga Wagga farmhouse restoration. We know how to show councils that a design can be both modern and respectful of the past.

Other Specialist Reports You Might Need

Depending on your site, you may need other reports to support your DA.

• Bushfire Attack Level (BAL) Report: If you live in a bushfire-prone area, a BAL report will tell you what level of fire risk your property has. This determines the special building materials and methods you must use.
• Flood Report: If your land is near a river or in a low-lying area, a flood report will assess the risk and inform the design, for example by setting a minimum floor height.
• Geotechnical Report: This report analyses your soil. It is vital for sites on a steep slope, or where the ground might be unstable.
• Arborist Report: If there are significant trees on your property, you will need an arborist to assess their health and state whether they can be removed or must be protected during construction.

Your Step-by-Step Guide to the Approval Process

The journey from an idea to an approval follows a clear path. Here is a breakdown of what to expect.

1. The First Meeting and Site Check

   This is where it all begins. A good architect will start by listening to you. What do you want to build? How does your family live? At our first free consultation, we discuss your dreams and your budget. We then do a deep dive into your property. We look at the Section 10.7 certificate and visit the site to understand its opportunities and challenges. This first step helps us know if your ideas are possible under the local rules.

2. Preparing All Your Documents

   This is the most paperwork-heavy stage. Your architect will create a full set of documents for the application. This isn't just a simple sketch. It includes: Architectural Drawings, a Statement of Environmental Effects, all required certificates and specialist reports, and a Waste Management Plan.

3. Lodging Your Application

   In NSW, almost all DAs are now lodged online through the official NSW Planning Portal. This is a single website that manages applications for all councils. Your architect will typically handle this for you, uploading all the documents and filling out the forms correctly. Paying the council application fee happens at this stage.

4. The Notification Period (For DAs)

   If you have lodged a DA, the council will now let your direct neighbours know about your plans. They usually have 14 or 28 days to look at your plans and write to the council if they have any concerns. Common concerns are about privacy, overshadowing, or streetscape character. This step is a key reason DAs take longer than CDCs.

5. The Council Assessment

   A council planning officer is assigned to your case. Their job is to assess your application against all the relevant LEP and DCP rules. They will also read any submissions from your neighbours. The planner might contact your architect to ask for more information or suggest small changes to the design to help it get approved.

6. The Final Decision (Determination)

   This is the moment of truth. The council will make a final decision. You will receive a document called a Notice of Determination. This will either be an approval (consent), often with a list of conditions you must follow, or a refusal with reasons why it was not approved.

Common Mistakes and How to Avoid Them

Many projects get delayed because of simple, avoidable errors. Being aware of these common pitfalls can save you time, money, and stress.

Pitfall 1: Incomplete or Poor-Quality Drawings

The Problem: Submitting drawings that are unclear, have missing information, or do not meet the council's specific presentation rules. This is a top reason for delays, as the council will put your application on hold until you fix them.

How to Avoid It: Work with an experienced professional. A good architect knows exactly what council planners need to see. They produce clear, detailed drawings that answer questions before they are even asked.

Pitfall 2: Ignoring Neighbour Concerns

The Problem: For a DA, neighbours have a voice. A design that creates a huge shadow over their garden or has a big window looking right into their bedroom is likely to get objections. Lots of objections can make it harder to get approval.

How to Avoid It: Good design is also about being a good neighbour. From the start, your architect should design with privacy and solar access in mind. Sometimes, speaking to your neighbours about your plans before you lodge can also help.

Pitfall 3: Not Understanding Your Site's Constraints

The Problem: Not knowing about a key restriction on your land, like a Tree Preservation Order, a heritage listing, or an easement (a part of your land that someone else has rights to, like for a sewer line).

How to Avoid It: This goes back to Step 1. Get a Section 10.7 Certificate, a survey plan, and a dial-before-you-dig report early. Identify all constraints before you start designing.

Pitfall 4: An Unrealistic Budget or Timeline

The Problem: The approval process costs money (fees, consultants) and takes time. Many people underestimate this.

How to Avoid It: Be realistic from the start. A DA can easily take 4-6 months. Ask your architect for an estimate of the total fees, including council fees and the cost of any specialist reports you might need.

Frequently Asked Questions (FAQ)

Conclusion: Your Partner for a Smooth Approval

The path to getting building approval in NSW has many steps, but it does not have to be a source of stress. The key is knowledge. When you understand the difference between a DA and a CDC, prepare all the right documents, and have a design that thoughtfully follows the rules, you are set up for success.

Every property is unique, and this guide is a starting point. The best way to ensure a smooth journey is to partner with an expert who can guide you.

At Michael Bell Architects, we see ourselves as your trusted partners. We take the confusion out of the process, so you can focus on the exciting parts of creating your new home. For over 25 years, we have built a reputation for achieving great results for our clients.