If you're planning to build a new home, add a granny flat, extend your house, or even install a swimming pool in New South Wales, you may be able to skip the lengthy Development Application (DA) process and obtain fast-tracked approval through the Complying Development pathway.

Complying Development is governed by the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, also known as the Codes SEPP. It offers a faster, more streamlined process for low-impact, low-risk developments that meet pre-set design and planning standards.

What is the Codes SEPP?

The Codes SEPP is a NSW Government planning policy that simplifies the approval process for minor and routine developments. It is designed to:

• Reduce red tape
• Support housing supply and affordability
• Minimise delays for homeowners and builders
• Maintain consistency in assessment across NSW

It covers two categories:

• Exempt Development – No approval needed if standards are met
• Complying Development – Fast-tracked approval through a certifier or council

What is Complying Development?

Complying Development is a form of approval that combines planning and construction approval into a single process. If your proposal complies with all the rules in the SEPP, you can obtain a Complying Development Certificate (CDC) through a private certifier or local council—often within 10 days.

What Types of Development Can Be Complying?

Common types of Complying Development include:

• New 1–2 storey homes
• Secondary dwellings (granny flats)
• Swimming pools and decks
• Home extensions and alterations
• Sheds, carports, and garages
• Demolition of structures
• Rural and farm buildings
• Certain dual occupancies and manor houses (under the Low Rise Housing Diversity Code)

Eligibility Criteria

To qualify as complying development, your project must:

• Be located on land zoned appropriately (e.g. R1, R2, RU5)
• Comply with development standards (e.g. height, setbacks, floor area, site coverage)
• Not be in an excluded area (e.g. heritage conservation area, flood-prone land, bushfire zone, foreshore land) unless conditions are met
• Satisfy any state and local planning controls

You can check your eligibility using the NSW Planning Portal’s CDC Eligibility Tool.

How Fast is Complying Development Approval?

• Assessment timeframe: Typically within 10 business days
• No council DA required: Approval is issued by a private certifier or the council’s certifying team
• Start construction sooner: Once your CDC is issued and other approvals (e.g. construction certificate, building permit) are in place, you can commence building

Exclusions – When Complying Development Is Not Permitted

Complying Development is not permitted on:

• Heritage-listed sites (with rare exceptions)
• Critical habitat land or environmentally sensitive areas
• Flood-prone or bushfire-prone land (unless additional criteria are met)
• Land affected by easements or certain covenants
• Unregistered or subdivision-restricted land

Always review your Section 10.7 Planning Certificate and zoning details before proceeding.

Benefits of Complying Development

Feature	Description
⏱️ Faster	Approvals in as little as 10 days
💸 Lower Cost	Fewer consultant reports required than a full DA
📄 Simpler Process	Clear checklist of standards to follow
🔒 Certainty	No subjective assessment or community objection
🛠️ Flexibility	Covers a wide range of residential, rural, and minor commercial projects

Frequently Asked Questions (FAQs)

How do I apply for a CDC?
Submit your plans and documents to a private certifier or local council certifier. They’ll assess compliance and issue the certificate.

Can I build a duplex under Complying Development?
Yes, under the Low Rise Housing Diversity Code, certain dual occupancies and manor houses are eligible—subject to lot size, frontage, and zoning.

What if I don’t comply with just one standard?
Your proposal is no longer eligible for Complying Development and must go through the regular DA process.

Does Complying Development apply in heritage areas?
Generally no—properties in Heritage Conservation Areas or with heritage listings are excluded, unless the work is minor and doesn’t affect heritage fabric.

Disclaimers

Legal Disclaimer: This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.

General Disclaimer: This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.