Complying Development Certificates

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008


In February 2009, the NSW Government introduced the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP). The Policy aims, in part, to provide streamlined assessment processes for development that complies with specified development standards by:

  • (a)  providing Complying Development Codes that have state-wide application, and
  • (b)  identifying, in the Complying Development Codes, types of Complying Development that may be carried out in accordance with a Complying Development Certificate as defined in the Environmental Planning and Assessment Act, 1979.

The Specified development (types of development) and Development standards (requirements) for each Complying Development type in the SEPP must also be read in conjunction with all relevant clauses of:  

It cannot be stressed enough that these Parts/Divisions are very important and must not be overlooked, as these form the basis on whether the development may be considered as Complying Development or not.

A Complying Development Certificate (CDC) combines approval for use of the land and the building construction works.  It is basically, a fast-track single-stage approval process, which requires only a CDC to be obtained from Council or Private Certifier.

If all of the criteria, requirements and standards relating to the proposed building or use are satisfied via an application containing relevant plans, specifications and supporting information, Council or Private Certifier will issue a Complying Development Certificate.

Singleton Council has a professional team of accredited Building Certifiers that can assist with approvals, inspections and advice. 

WHAT IF A PROPOSAL DOES NOT COMPLY WITH ALL REQUIREMENTS IN THE SEPP? 

The requirements for Complying Development are strict. If a proposal does not comply with each and every requirement in the SEPP, then it is not Complying Development. If this is the case, an approval for the development must be obtained before commencing the proposal.

Failure to obtain the appropriate approvals for work not covered by the Complying Development Code will be treated as unauthorised development. Councils and other consent authorities have specific powers to issue fines, orders to demolish works or cease activities that fall outside the scope of Complying Development. Any person (including neighbours) may also take action in the Land and Environment Court.  

Full details of the types of buildings or uses that can be approved as Complying Development can be found in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. 

QUICK LINKS


Further information on Complying Development and the SEPP may be accessed on Department of Planning’s website and other documents, email codes@planning.nsw.gov.au  or phone 1300 305 695.  A general requirements checklist may be found at Checklist.  A more specific list of requirements to accompany an application to Council may be found at Complying Development Certificate/Modification of a Complying Development Certificate Checklist.

Part 2 Schedule 1 of the Environmental Planning and Assessment Regulation 2000 shows minimum requirements to submit a Complying Development Certificate Application.  

Before submitting any Complying Development Certificate application, it is important to review Councils Local Environmental Plan and Development Control Plan for additional requirements as well as the provisions of the Building Code of Australia as they relate to the Singleton Council area.

NOTE: To appoint Council as the Principal Certifier the applicant must apply on the NSW Planning Portal and upload a signed copy of the Appointment of Singleton Council as a Principal Certifier  Form which will be returned signed by Council with approval documents. The Appointment/Contract engaging the Principal Certifier must be received by Council prior to the commencement of any work.

OCCUPATION CERTIFICATE


An 
Occupation Certificate must be obtained to use or occupy or change the use of a building. All mandatory inspections must have been carried out and the building completed in accordance with the conditions of the Consent.

 

Note: An Application for an Occupation Certificate for whole, part, or partial may be requested. These descriptions are listed on the NSW Planning Portal application form.   Each building or change of use, unless specifically exempted, requires an Application for Occupation Certificate.  Further clarification of these requirements may be found at this link.