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NSW Complying Development Certificate (CDC): step-by-step

How to get a CDC in NSW: eligibility, Housing Code standards, certifier engagement, mandatory inspections, OC. SEPP Codes 2008 and EP&A Act 1979 cited.

By Dan Waring. Last updated 7 May 2026. Verified 7 May 2026.

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TL;DR

A CDC combines planning and construction approval into one certificate, assessed by a private or council certifier against the Housing Code in the SEPP (Exempt and Complying Development Codes) 2008 — no council merit assessment. Statutory determination period is 20 days once the application is complete (10 days for the NSW Housing Pattern Book pathway) (verified 2026-05-07). Certifier fees for a single dwelling run $1,500 to $5,000 ex-GST, versus a DA that typically adds months of assessment time and $5,000 to $15,000+ in council fees and specialist reports. The killer is site eligibility: heritage items or conservation areas, BAL-40 or BAL-FZ, Class 1 or 2 acid sulfate soils, and certain flood constraints knock a job off CDC and back to the DA pathway.

When you do this

Use CDC when the proposed work covers a new single or two-storey dwelling (Class 1a), alterations and additions, attached or detached structures (garages, pergolas), or swimming pools, and the site and design meet all Housing Code standards. If any one standard is not met, work generally requires a DA instead.

The Housing Code applies in R1, R2, R3, R4 and RU5 zones only.

Who’s involved

PartyRole
OwnerSigns the application. Appoints the Principal Certifier.
BuilderProvides cost estimate and construction documentation. May assist with lodgement.
Architect or building designerPrepares plans to comply with Housing Code standards. BASIX required for new dwellings.
Principal Certifier (PC)Private accredited certifier or council. Assesses the application, issues the CDC, conducts the six mandatory critical-stage inspections during construction, and issues the OC.
Registered surveyorSurvey plan confirming boundaries, levels, and easements.
NeighboursNotified before the CDC is issued (minimum 14 days; 7 days under the Pattern Book pathway). No objection right under this pathway.

Eligibility

Eligible development

The Housing Code covers new and two-storey dwelling houses, alterations and additions to existing dwellings, attached structures (garages, carports, balconies, decks, pergolas), detached structures, swimming pools, and demolition.

Disqualifying site constraints

Under SEPP Codes 2008 cl 1.19 (verified 2026-05-07), complying development cannot be carried out on:

  • Land that is a heritage item or within a heritage conservation area (or draft heritage conservation area), with limited exceptions for certain outbuildings and swimming pools.
  • Land identified on an Acid Sulfate Soils Map as Class 1 or Class 2.
  • Land reserved for a public purpose under an environmental planning instrument.
  • Land subject to a private land conservation agreement under the Biodiversity Conservation Act 2016 or a biobanking agreement.

Under the Housing Code specifically (verified 2026-05-07):

  • Land rated BAL-40 or BAL-FZ. Lots rated BAL-12.5, BAL-19, or BAL-29 can proceed via CDC with additional bushfire construction requirements.
  • Certain flood control lots and environmentally sensitive areas (confirm with the certifier and the site’s Section 10.7 certificate).
  • High aircraft noise exposure areas (ANEF 25+).

The check: pull a Section 10.7 Planning Certificate from council before engaging a designer. It lists heritage, bushfire, flood, acid sulfate and other overlay flags. Any disqualifying constraint means the job goes to DA.

Steps

  1. Pull the Section 10.7 certificate. Order from council (typically $53 to $100). Lists the lot’s zone, heritage, bushfire, flood and acid sulfate flags. First eligibility check.

  2. Engage an architect or building designer. The design must comply with every Housing Code standard: height (max 8.5m from existing ground level), setbacks (side setbacks start at 0.9m), site coverage, landscaping, privacy, solar access. A BASIX certificate is required for new dwellings and for alterations and additions over $50,000.

  3. Engage a Principal Certifier. Get two or three quotes ($1,500 to $5,000 ex-GST for a standard single dwelling). Confirm whether the quote covers the CDC, the six critical-stage inspections during construction, and the final OC.

  4. Prepare and lodge documents via the NSW Planning Portal (verified 2026-05-07). Mandatory online lodgement. Portal fee is $47. Typical document set:

    DocumentNotes
    Certificate of titleCurrent search
    Survey planRegistered surveyor
    Architectural plansSite, floor, elevations, sections
    BASIX certificateMandatory for new dwellings and additions over $50,000
    Structural engineering plansNew dwellings and major structural works
    Stormwater drainage planWhere required by the Housing Code

  5. Certifier assessment (20-day period). Once the application is accepted as complete, the statutory 20-day determination period starts. Checklist assessment only: it either complies or it does not. If a non-compliance is found, the certifier notifies you and the clock stops.

  6. Neighbour notification. The certifier must notify adjoining owners before issuing the CDC (minimum 14 days). No objection right.

  7. CDC issued. Conditions attach. Read them: they set the construction standards and are the basis for the inspections. CDC is valid for five years.

  8. Lodge Notice of Commencement at least two days before starting work, via the NSW Planning Portal.

  9. Six mandatory critical-stage inspections. Under the EP&A (Development Certification and Fire Safety) Regulation 2021 s 61 (verified 2026-05-07), the Principal Certifier must inspect at six stages:

    StageWhen
    1. Excavation and footingsAfter excavation, before footings placed
    2. Reinforced concreteBefore concrete is poured
    3. FrameworkBefore framework is covered
    4. Wet-area waterproofingBefore waterproofing is covered (tiling)
    5. Stormwater drainageBefore drainage is covered
    6. Final inspectionBefore OC is issued

    Book inspections as hold points in the build programme. Missing a stage is one of the most common construction holds on CDC jobs.

  10. Occupation Certificate (OC). Final inspection passes, certifier issues the OC confirming the building is fit to occupy. Lodged on the NSW Planning Portal. A dwelling cannot be legally occupied until the OC is issued.

Common holds

HoldCauseFix
Site disqualified lateHeritage, BAL, or acid sulfate discovered after design startsPull the Section 10.7 certificate before engaging a designer
Design non-complianceHeight, setback, or site coverage breach found by certifierBrief the designer on the Housing Code standards upfront; ask the certifier for a pre-lodgement check
Missed inspectionBuilder covered work before calling the certifierLock inspection bookings into the build programme as hold points
BASIX non-complianceDesign does not meet BASIX targetsObtain the BASIX certificate before finalising the design
OC refusedDefects at final inspection or CDC conditions not metRectify each condition before calling for the final inspection
Private covenant conflictCDC does not override a private covenantCheck title for covenants before design starts

What to do if CDC is not possible

  • DA pathway: lodge a Development Application with council under the EP&A Act 1979. Merit-assessed, typically 4 to 6 months or longer.
  • Redesign: if the only issue is a design standard (height, setback breach), redesigning to comply is usually faster than going to DA.
  • Other codes: the Low-Rise Housing Diversity Code covers dual occupancies, manor houses and terraces up to two storeys on eligible lots. The Inland Code applies in some regional zones. These are separate CDC pathways with their own eligibility criteria.

Try it

The Chalkline Compliance Checker will open here when it ships. Enter a lot address and proposed development type to get an eligibility summary against the SEPP Codes 2008 Housing Code standards.

References

See also

Last updated: 2026-05-07. Verified: 2026-05-07. Quarterly review for currency.

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