process Planning and zoning 8 min read

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.

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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

PartyRole
Owner / builderRuns this checklist. Orders the Section 10.7 certificate.
Architect / designerConfirms design meets every Housing Code standard.
Principal Certifier (PC)Assesses the application and issues the CDC.
Bushfire consultantIssues 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):

ZoneEligible?
R1 General ResidentialYes
R2 Low Density ResidentialYes
R3 Medium Density ResidentialYes
R4 High Density ResidentialYes
RU5 VillageYes
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):

RequirementMinimum
Lot area200 m2
Lot width at building line6 m
Dwellings per lot1 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):

ConstraintCDC 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 2No, DA required
BAL-12.5, BAL-19, BAL-29Yes, with bushfire construction requirements and a BAL Certificate
BAL-40No, DA required
BAL-FZ (Flame Zone)No, DA required
Flood control lotConditional under cl 3.5 — confirm with certifier
Land reserved for public purposeNo
Biodiversity conservation agreement landNo
ANEF 25+ aircraft noise areaNo
Certain coastal hazard zonesNo

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):

StandardRequirement
Maximum height8.5 m from existing ground level (before earthworks). Max 2 storeys.
Front setbackAverage 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 placement25% 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 space24 m2 minimum (16 m2 where lot width is 10 m or less); 3 m minimum width
Parking1 car space minimum

BASIX certificate

Work typeBASIX required?
New dwellingYes
Alterations and additions $50,000 or moreYes
Alterations and additions under $50,000No
Pool/spa 40,000 litres or moreYes

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

CheckNotes
Private covenantsCDC does not override. Check current title.
Section 88B instrumentsEasements and restrictions on the deposited plan can block works.
LEP minimum lot sizeSome LEPs set a higher minimum than 200 m2.
StormwaterDesign 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).

DocumentWhen required
Certificate of titleAlways
Section 10.7 planning certificateAlways
Survey plan (registered surveyor)Always
Architectural plans (site, floor, elevations, sections)Always
BASIX certificateNew dwellings and A&A $50,000+
Structural engineering plansNew dwellings and structural works
BAL certificateBushfire-prone land at BAL-29 or below
Stormwater drainage planWhere Housing Code requires it

Common holds

HoldFix
Site disqualified (heritage, BAL-40, acid sulfate)Run checklist before briefing designer
Wrong zoneCheck Section 10.7 first
Private covenant blocks worksCheck title before design
BASIX non-complianceGet BASIX certificate before finalising design
Lot too small or narrowCDC not available — consider DA
BAL certificate missing for bushfire siteEngage 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

See also


Last updated: 2026-05-08. Verified: 2026-05-08. Quarterly review for currency.