Class 1a CDC eligibility checklist NSW
NSW Class 1a CDC eligibility: zone, lot size, BAL, heritage, acid sulfate, flood, and Housing Code development standards. Checklist with clause refs.
Ask Chalkline about this →TL;DR
The NSW Housing Code lets a Class 1a dwelling bypass council merit assessment via CDC, but only if site and design hit every pre-condition in SEPP (Exempt and Complying Development Codes) 2008. One disqualifier (wrong zone, heritage, BAL-40, acid sulfate Class 1 or 2) and the job goes to DA instead: 4+ months, not 20 days. Pull a Section 10.7 planning certificate ($71 to $178) before briefing a designer. It flags zone, heritage, bushfire, flood and acid sulfate in one hit. (verified 2026-05-08)
When you do this
Run this checklist before committing to design fees. Use it for new Class 1a dwelling houses, alterations and additions, and demolition. Dual occupancies, manor houses, and terraces fall under the Low-Rise Housing Diversity Code instead.
Who’s involved
| Party | Role |
|---|---|
| Owner / builder | Runs this checklist. Orders the Section 10.7 certificate. |
| Architect / designer | Confirms design meets every Housing Code standard. |
| Principal Certifier (PC) | Assesses the application and issues the CDC. |
| Bushfire consultant | Issues BAL certificate for bushfire-prone land below BAL-40. |
Steps
Step 1: Pull the Section 10.7 planning certificate
Order from council. Fee is $71 to $178 ex-GST, turnaround 5 business days (verified 2026-05-08). The Section 10.7 certificate flags zone, heritage, bushfire, flood, acid sulfate soils, aircraft noise, and other overlays. Check every entry before briefing a designer.
Step 2: Zone check
Class 1a complying development is only available in (verified 2026-05-08, SEPP Codes 2008):
| Zone | Eligible? |
|---|---|
| R1 General Residential | Yes |
| R2 Low Density Residential | Yes |
| R3 Medium Density Residential | Yes |
| R4 High Density Residential | Yes |
| RU5 Village | Yes |
| Any other zone (RU1, RU2, E1-E4, B-zones, IN-zones, etc.) | No, see Rural Housing Code or DA |
Lot not in one of these zones: DA required (or Rural Housing Code for RU1-RU4).
Step 3: Lot size and configuration check
Under Housing Code Division 1 (verified 2026-05-08):
| Requirement | Minimum |
|---|---|
| Lot area | 200 m2 |
| Lot width at building line | 6 m |
| Dwellings per lot | 1 only |
Battle-axe lots: minimum 12 m x 12 m (excluding access laneway), 3 m laneway. Some LEPs set a higher minimum than 200 m2.
Step 4: Disqualifying site constraints (cl 1.19)
Under clause 1.19 of the SEPP Codes 2008, complying development cannot be carried out on (verified 2026-05-08):
| Constraint | CDC available? |
|---|---|
| Heritage item (local or State) | No (limited exceptions for outbuildings and pools — confirm with certifier) |
| Heritage conservation area (including draft) | No (same limited exceptions) |
| Acid sulfate soils Class 1 or Class 2 | No, DA required |
| BAL-12.5, BAL-19, BAL-29 | Yes, with bushfire construction requirements and a BAL Certificate |
| BAL-40 | No, DA required |
| BAL-FZ (Flame Zone) | No, DA required |
| Flood control lot | Conditional under cl 3.5 — confirm with certifier |
| Land reserved for public purpose | No |
| Biodiversity conservation agreement land | No |
| ANEF 25+ aircraft noise area | No |
| Certain coastal hazard zones | No |
BAL Certificate: required for bushfire-prone lots at BAL-29 or below. Obtain from council or an NSW RFS-recognised bushfire consultant; lodge with the CDC application.
Private covenants: CDC does not override title covenants. Check the title before design.
Step 5: Development standards checklist
The design must comply with every Housing Code standard (verified 2026-05-08):
| Standard | Requirement |
|---|---|
| Maximum height | 8.5 m from existing ground level (before earthworks). Max 2 storeys. |
| Front setback | Average of the 2 nearest dwellings on the same side within 40 m. Table minimum applies where no 2 dwellings exist within 40 m. |
| Side setback (up to 4.5 m) | 0.9 m |
| Side setback (above 4.5 m) | 0.9 m + [(height - 4.5) / 4]. Example: 7 m wall = 1.525 m. |
| Rear setback (up to 4.5 m) | 3 m |
| Rear setback (above 4.5 m) | 8 m |
| Max site coverage (200-450 m2 lot) | 60% |
| Max site coverage (450-500 m2) | 55% |
| Max site coverage (900-1,500 m2) | 40% |
| Min landscaped area (200-300 m2) | 10% of lot |
| Min landscaped area (300-450 m2) | 15% of lot |
| Min landscaped area (450-600 m2) | 20% of lot |
| Min landscaped area (600-900 m2) | 30% of lot |
| Landscaping placement | 25% forward of building line; 1.5 m minimum width and length |
| Gross floor area (GFA) | Table in cl 3.9: 78% for 200-250 m2 lots, reducing with lot size |
| Private open space | 24 m2 minimum (16 m2 where lot width is 10 m or less); 3 m minimum width |
| Parking | 1 car space minimum |
BASIX certificate
| Work type | BASIX required? |
|---|---|
| New dwelling | Yes |
| Alterations and additions $50,000 or more | Yes |
| Alterations and additions under $50,000 | No |
| Pool/spa 40,000 litres or more | Yes |
Obtain BASIX before finalising the design. The design must achieve the certificate’s energy and water targets. See BASIX alterations and additions (verified 2026-05-08).
Step 6: Other checks before lodgement
| Check | Notes |
|---|---|
| Private covenants | CDC does not override. Check current title. |
| Section 88B instruments | Easements and restrictions on the deposited plan can block works. |
| LEP minimum lot size | Some LEPs set a higher minimum than 200 m2. |
| Stormwater | Design must meet Housing Code stormwater requirements. |
| Tree protection zone (TPZ) | Setback from protected trees required (cl 3.33). |
Documents needed
Mandatory online lodgement via the NSW Planning Portal. Portal fee: $41 (verified 2026-05-08).
| Document | When required |
|---|---|
| Certificate of title | Always |
| Section 10.7 planning certificate | Always |
| Survey plan (registered surveyor) | Always |
| Architectural plans (site, floor, elevations, sections) | Always |
| BASIX certificate | New dwellings and A&A $50,000+ |
| Structural engineering plans | New dwellings and structural works |
| BAL certificate | Bushfire-prone land at BAL-29 or below |
| Stormwater drainage plan | Where Housing Code requires it |
Common holds
| Hold | Fix |
|---|---|
| Site disqualified (heritage, BAL-40, acid sulfate) | Run checklist before briefing designer |
| Wrong zone | Check Section 10.7 first |
| Private covenant blocks works | Check title before design |
| BASIX non-compliance | Get BASIX certificate before finalising design |
| Lot too small or narrow | CDC not available — consider DA |
| BAL certificate missing for bushfire site | Engage NSW RFS-recognised consultant |
Try it
The Chalkline Compliance Checker will open here when it ships. Enter a lot address and development type to get a pre-eligibility summary against the Housing Code criteria in this checklist.
References
- SEPP (Exempt and Complying Development Codes) 2008, NSW Legislation (verified 2026-05-08). Primary instrument: Division 1 lot requirements, cl 1.19 disqualifying constraints, Development Standards Divisions.
- Housing Code, NSW Planning Portal (verified 2026-05-08). Eligible zones, development types, and standards.
- Section 10.7 planning certificate, NSW Planning Portal (verified 2026-05-08).
- BASIX alterations and additions, NSW Planning Portal (verified 2026-05-08). $50,000 threshold and 40,000-litre pool trigger.
- NSW Planning Portal service fees, NSW Planning Portal (verified 2026-05-08). Portal CDC lodgement fee $41 (FY25/26).
- Building approvals in NSW, NSW Fair Trading (verified 2026-05-08). CDC vs DA overview.
Related
- NSW Complying Development Certificate (CDC): step-by-step
- Submitting a DA in NSW, step-by-step
- SEPP (State Environmental Planning Policy)
- BASIX
- BAL (Bushfire Attack Level)
- CDC (Complying Development Certificate)
- PCA (Principal Certifier)
- OC (Occupation Certificate)
See also
Last updated: 2026-05-08. Verified: 2026-05-08. Quarterly review for currency.