CDC vs DA in NSW: Which Approval Pathway Fits Your Project?

CDC vs DA in NSW

In NSW most home building projects are approved in one of two ways. A complying development certificate (CDC) is a combined planning and construction approval for straightforward development that meets fixed standards in a state policy. It can be issued by the council or a registered private certifier, and it must be determined within 20 days where neighbours have to be notified, or 10 days otherwise. A development application (DA) is a merit assessment by council, or for some applications a planning panel, against the local planning controls. It allows more design flexibility, but it takes longer, and you still need a construction certificate before you can build.

The right pathway depends on the land, the design and how much flexibility you need. This guide explains both, how to tell whether your site qualifies for a CDC, how to choose a certifier, and what has changed in the 2024 to 2026 reforms. Policy statements are current as at 25 September 2026. This is general information, not legal advice.

CDC vs DA at a glance

What is a complying development certificate?

The NSW Department of Planning, Housing and Infrastructure describes complying development as a combined planning and construction approval for straightforward development that can be determined through a fast-track assessment by a council or a certifier. The standards sit in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, usually called the Codes SEPP.

As at September 2026 the Codes SEPP contains these complying development codes: the Housing Code, Rural Housing Code, Low Rise Housing Diversity Code, Pattern Book Development Code, Greenfield Housing Code, Inland Code, Housing Alterations Code, General Development Code, Industrial and Business Alterations Code, Industrial and Business Buildings Code, Container Recycling Facilities Code, Subdivisions Code, Demolition Code, Fire Safety Code, and Agritourism and Farm Stay Accommodation Code.

For Sydney homeowners, the most relevant are:

• Housing Code. New one and two-storey houses, and alterations and additions to them, on lots in the R1, R2, R3, R4 or RU5 zones that are at least 200 square metres and at least 6 metres wide at the building line. A basement counts as a storey.
• Housing Alterations Code. Internal and some external alterations to existing homes.
• Low Rise Housing Diversity Code. Dual occupancies, manor houses and terraces, which as complying development are only allowed in the R1, R2, R3 and RU5 zones.
• Pattern Book Development Code. Low-rise homes built from NSW Housing Pattern Book designs, with a 10-day determination period.
• Demolition Code. Demolition of a house and ancillary structures.

The NSW Government says homeowners can save up to $15,000 by building a house under complying development, and up to $2,600 on renovations.

When can you use a CDC?

Four tests have to be passed, and one failure means a DA.

1. The development must be permissible with consent in the zone under the planning instruments that apply to the land.
2. The land must not be excluded. For the housing codes, excluded land includes heritage conservation areas (except for detached outbuildings, some detached development and swimming pools), land reserved for a public purpose, Class 1 and 2 acid sulfate soils, significantly contaminated land, environmentally sensitive land, coastal hazard land, foreshore areas and land at the 25 ANEF aircraft noise contour or higher. Most complying development is also ruled out on land in bushfire attack level 40 or the flame zone, and all of it on land with a draft heritage item, and the Low Rise Housing Diversity and Pattern Book codes cannot be used on land with a heritage item.
3. The lot must qualify. Each code sets lot requirements, such as the Housing Code's minimum area and width.
4. The design must meet every standard in the code. Height, setbacks, floor area, landscaping, privacy and the rest. As at September 2026 there is no mechanism for a certifier to approve a variation.

The quickest way to check the second test is a section 10.7 planning certificate, which must state whether complying development can be carried out on the land under each code and, if not, why. Our guide to section 10.7 planning certificates explains what else it shows. For a preliminary, source-linked view of the planning evidence for an address, request our free NSW planning report.

How the CDC process works

1. Engage a certifier. Either the council or a registered private certifier.
2. Prepare the application. Plans, a site plan, a BASIX certificate for new dwellings, engineering and any other reports the code requires. Applications are lodged through the NSW Planning Portal.
3. Neighbour notice. For a new dwelling or an addition on a lot within 20 metres of another lot with a dwelling, the certifier must give written notice to neighbours (and to council, if a private certifier is used) at least 14 days before issuing the CDC. For Pattern Book development the notice period is 7 days.
4. Determination. Within 20 days where the notice applies, 10 days otherwise, or 10 days for Pattern Book development.
5. Before work starts. Appoint a principal certifier, pay the long service levy for work of $250,000 or more, and meet the conditions attached to the CDC, such as giving the principal certifier a waste management plan at least 2 days before work begins.
6. During and after construction. The principal certifier carries out the mandatory inspections, and an occupation certificate is issued before you move in.

What is a development application?

A DA asks the council to assess the proposal on its merits. The assessment considers the local environmental plan, the development control plan, any state policies and the likely impacts on neighbours and the area. The council, or a local planning panel for some applications, decides whether to approve it, usually with conditions, or refuse it.

• Notification. Neighbours are notified under the council's community participation plan and can make submissions, which the council must consider.
• Timing. Under the Environmental Planning and Assessment Regulation 2021, a DA is taken to be refused if it is not determined within 40 days (60 days for designated, integrated and concurrence development). That deemed refusal gives you appeal rights; it does not mean the council stops assessing. Actual times are longer. NSW Planning reported the statewide average assessment time had fallen to 84 days as at 31 May 2026, and the 2026 Statement of Expectations Order sets targets for councils of 90 days from 1 July 2026, 80 days from 1 July 2027 and 65 days from 1 July 2028.
• Council differences. NSW Planning's council league table showed average assessment times in August 2026 ranging from 49 days at the City of Sydney to 112 days at Blacktown among the Greater Sydney councils we checked.
• Fees. The Regulation sets maximum DA fees, indexed each July. For 2026/27, work costing $500,001 to $1 million attracts $2,420 plus $1.64 per $1,000 over $500,000, so a $900,000 house is $3,076 before notification and other charges.
• After approval. You need a construction certificate from the council or a registered certifier before building work starts, and an occupation certificate at the end.

Pre-lodgement advice from council, where it is offered, is the best way to find out what an assessing officer will focus on. Our guide to understanding planning regulations in Sydney walks through the DA stages, and our rooftop extension DA guide shows how a design can respond to council objections.

CDC or DA: how to choose

A CDC is usually the better choice when:

• the planning certificate confirms complying development is possible on the land
• the lot meets the code's requirements
• a code-compliant design gives you the home you want
• speed and certainty matter more than flexibility, for example when you are paying rent during a knockdown rebuild

A DA is usually the better, or the only, choice when:

• the land is in a heritage conservation area or is otherwise excluded
• the brief needs more height, floor area or a smaller setback than the code allows
• the site is steep, narrow, irregular or has constraints the codes do not deal with well
• a code-compliant envelope would produce a worse house than a design argued on its merits

That last point is easy to overlook. The codes are written for typical lots. On an unusual site, the best design may deliberately depart from a standard for good reasons, such as keeping a tree, protecting a neighbour's sunlight or responding to the street. A DA is the pathway that lets you make that case.

Whichever way you go, decide the pathway before detailed design. Designing to the Housing Code and then discovering the land is excluded means paying for the design twice.

How to choose a private certifier

Private certifiers are registered under the Building and Development Certifiers Act 2018 and regulated by Building Commission NSW.

• Check registration. Search the NSW Government's public register of building certifiers, and the certifier disciplinary register.
• You appoint the certifier. The NSW Government is clear that your builder is not allowed to appoint your certifier or influence your choice.
• Know what a certifier does. Certifiers assess compliance and carry out mandatory inspections. They are not project managers or site supervisors.
• Compare quotes like for like. CDC fees are set by the certifier, so check what each quote includes: the CDC assessment, the number of inspections, the occupation certificate, and how re-inspections or amended plans are charged.
• Ask about experience. Experience with the relevant code and your council area helps, particularly for projects near the edge of the code standards.

What has changed, and what is changing (as at September 2026)

• Low and Mid-Rise Housing Policy. Stage 1 started on 1 July 2024 and permitted dual occupancies and semi-detached homes in the R2 zone across NSW. Stage 2 started on 28 February 2025 and introduced planning controls for dual occupancies, terraces, townhouses, apartments and shop-top housing in low and mid-rise housing areas within 800 metres walking distance of nominated town centres and stations in Greater Sydney, the Central Coast, the Lower Hunter and Newcastle, and the Illawarra-Shoalhaven. A standard single-house knockdown rebuild still runs through the Housing Code.
• Pattern Book Development Code 2025. A complying development pathway for low-rise homes built from NSW Housing Pattern Book designs, with 10-day determination and 7-day neighbour notice.
• Planning System Reforms Act 2025. The Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 received assent on 24 November 2025. Among other changes it allows for minor variations to complying development, and it is commencing in stages.
• Proposed complying development variations. Between 14 May and 24 June 2026 the NSW Government exhibited proposals that would let councils issue variation certificates for some standards, such as setbacks, height, gross floor area and vehicle access, with only a limited number of standards varied per development. Private certifiers would not approve variations. The initial focus is the housing codes. As at 25 September 2026 the proposals were still under consideration, with changes expected to be finalised later in 2026.

If you are planning around these reforms, check the NSW Planning Portal for the current position before you commit to a pathway.

How we help

We start with the evidence: zoning, instruments, exclusions and mapped hazards for the site, before any design. From there we can design to the code for a CDC, or lead a DA with the specialist consultants your site needs, through our Feasibility & DAs service. For what architectural services cost, see how much an architect costs in Sydney, and for the architect question more broadly, architect vs building designer.

Start with a free NSW planning report. It is a preliminary, source-linked planning snapshot that Noel reviews personally. It is not a Section 10.7 Planning Certificate, planning advice, a feasibility or an approval prediction. When you are ready to talk about the project, contact us.

FAQ

How long does a CDC take in NSW?

Under the Environmental Planning and Assessment Regulation 2021, a certifier must determine a CDC within 20 days where neighbour notice is required, as it is for most new homes and additions next to other houses, and within 10 days otherwise. Pattern Book development has a 10-day limit. The clock depends on a complete application.

Can neighbours object to a CDC?

Neighbours within 20 metres must be told about the application, but there is no submission process, because a CDC is assessed only against the code standards. With a DA, neighbours can make submissions that the council must consider.

Does a CDC cost less than a DA?

The NSW Government estimates homeowners can save up to $15,000 when building a house under complying development. The fees work differently: a certifier sets its own CDC fee, while a DA has a regulated maximum fee plus council charges and then a separate construction certificate. Compare quotes for your project.

Can I get a CDC in a heritage conservation area?

Not for a new house or additions under the Housing Code. In a heritage conservation area the housing codes only allow detached outbuildings, some detached development and swimming pools. Other work usually needs a DA, although some alterations may still be possible under the Housing Alterations Code. Check the planning certificate for the land.

Do I need a construction certificate with a CDC?

No. A CDC is a combined planning and construction approval. With a DA, you need a separate construction certificate before building work starts.

Can a private certifier approve a design that does not comply?

No. As at September 2026 a CDC can only be issued for development that meets every applicable standard. The variation pathway exhibited in 2026 would give that role to councils, not private certifiers, if it is adopted.

Sources

All sources accessed 25 September 2026.

• NSW Department of Planning, Housing and Infrastructure, Complying development (updated 26 June 2026).
• NSW Legislation, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clauses 1.18, 1.19, 1.19A and 3.1 and Schedule 6.
• NSW Legislation, Environmental Planning and Assessment Regulation 2021, sections 91, 133 and 134, and Schedule 2, clause 4.
• NSW Planning Portal, Housing Code.
• NSW Department of Planning, Housing and Infrastructure, Low and Mid-Rise Housing Policy (updated 16 July 2025).
• NSW Planning Portal, Variations and changes to complying development: explanation of intended effect (exhibited 14 May to 24 June 2026).
• Environmental Defenders Office, NSW planning law reforms pass into law (3 December 2025).
• NSW Department of Planning, Housing and Infrastructure, Statement of Expectations Order (updated 2 July 2026) and Council league table (August 2026 snapshot).
• NSW Department of Planning, Housing and Infrastructure, Schedule of planning and development fees and charges for 2026/27 (June 2026).
• NSW Government, What certifiers do, Building certifiers public register and Certifier disciplinary register.
• NSW Government, Long service levy.