Frequently Asked Questions

Not always.

Some projects can be carried out as Exempt Development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP). This legislation outlines what is considered ‘exempt development’ which may not require approval.

Exempt Development is considered very low impact development that can be undertaken for small residential works.

A few examples of exempt development include:

Low decks, garden sheds, carports, fences, repairing a window or painting a house.

To check if your project qualifies under exempt development we suggest contacting your local Council to discuss.

There are a number of different ‘planning pathways’ for getting approval for a building project and is dependant on the type and scale of the development.

Dynamic Approvals can assist with identifying what type of planning pathway your project will be required to take as well as assisting with all of the appropriate applications to gaining approval.

In New South Wales (NSW), residential development planning pathways are determined by the scale and type of development and the relevant planning framework.

Here are the primary NSW planning pathways for small scale residential development:

1. Exempt Development

• Minor works or renovations that do not require approval as long as they comply with specific standards outlined in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP).

• Examples:

  • Garden sheds

  • Pergolas

  • Fencing

  • Minor internal alterations

• Benefits: No approval is required, saving time and cost.

• Conditions: Must strictly comply with pre-set standards under the SEPP.

2. Complying Development

• Low-impact, straightforward developments that meet specific requirements outlined in the SEPP.

• Examples:

  • Dwellings

  • Swimming pools /Sheds

  • Granny flats

• Approval Process: Requires a Complying Development Certificate (CDC), issued by Private Certifier or local Council.

• Timeframe: Fast-tracked approval (typically within 20 days).

• Single Application (CDC Application)

• Conditions: Must meet all prescribed development standards and conditions.

3. Development Application (DA)

• Required for developments that do not qualify as exempt or complying development.

• Examples:

  • Substantial renovations

  • Specific Zoning

  • Heritage-listed properties

• Approval Process:

  • Submit a DA to the local council.

  • Subject to public notification and assessment.

  • Will require a secondary application for a Construction Certificate if approved.

• Timeframe: Varies based on complexity, but often takes several weeks to several months.

• Conditions: Must comply with council’s LEP, Development Control Plan (DCP), and any relevant state policies.

A Development Application (DA) requires approval by your local council and often includes community consultation and agency referral (such as the RFS for bushfire prone properties).

Once approved by Council, a second application known as a Construction Certificate will then need to be made to a Private Certifier or to Council addressing the requirements of the approval issued by Council.

A Complying Development Certificate (CDC) is a faster process for straightforward projects that meet specific pre-set standards set out under NSW state legislation. A CDC Application can be made directly to a Private Certifier (or to Council) and is generally a single application process.

Not all developments qualify for the Complying Development pathway under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP).

Once engaged, Dynamic Approvals will assist with a CDC pre-assessment as part of our service.

The CDC legislation is a very black and white, strict set of codes with no room for flexibility. If a development doesn’t comply under the codes, it can’t be assessed under the code.

Eligibility depends on factors such as:

• Zoning Requirements: The proposed development must comply with zoning regulations.

• Land Requirements: Some properties have certain restrictions on them (such as easements or wildlife corridors) which prohibit assessment under the Complying Development Codes. Even if your neighbour has had their development assessed under the CDC pathway doesn’t always mean that your property will also qualify.

• Development Standards: The project must meet specific criteria regarding size, height, setbacks, and environmental impact.

If your development doesn't meet these criteria, it will require a full Development Application made to Council for Assessment.

The cost of obtaining building approvals includes several components:

• Council or Certifier Application Fees: Fees vary based on the type and scale of the development and the specific council or certifier involved. It also depends on how many applications are required to gain full approval prior to construction.

• Consultant Fees: Engaging architects, engineers, planning consultants and other specialists to provide supporting documentation and reports will incur additional costs.

• Levies & Contributions: When building in New South Wales (NSW), several levies and contributions may be payable to local councils, state agencies, or other authorities. These payments are designed to fund infrastructure and community services.

• Construction Costs: These depend on the project's scope, materials, and labor.

• Unknown Costs: It is important to note that building projects often open up a financial pandora’s box as unexpected costs may arise during the process which can not be avoided as they are required to meet compliance. This process can be very unpredictable, so it’s important to have a financial contingency plan in place. 

• Time & Emotional Costs: Your time and emotional investment is also an important consideration. Building projects are more than just nuts and bolts and can often be a stressful process with many variables and unknown elements.

The documents required for a DA Application or CDC application depends on the type and scale of a development.

Typical documents include development specific plans, environmental impact statements, BASIX certificates, a survey, waste management and stormwater management plans. Other specialist consultant reports may also be required to support the application. The specific requirements vary depending on the project and local council regulations or Certifier requirements.

In New South Wales (NSW), receiving council approval for your Development Application doesn’t automatically mean you can start building right away.

Dynamic Approvals can assist you with the key steps outlined below that are required before you can commence construction:

1. Apply for and obtain a Construction Certificate (CC)

• After your DA is approved, you need to obtain a Construction Certificate. This is issued by a council or a private certifier and ensures that your construction plans comply with the Building Code of Australia (BCA) and other relevant standards.

2. Appoint a Principal Certifier (PC)

• Before starting construction, you must appoint a Principal Certifier (Principal Certifying Authority or PCA). This can be a council or a private certifier.

• The PC is responsible for inspecting the works at key stages of the build to ensure compliance with the approved plans and standards.

3. Notify Council of Building Works

• You are required to notify the council of your intention to commence building work at least 2 days before construction begins. Your PC or planning Consultant such as Dynamic Approvals typically assists with this step.

4. Pay Contributions (If Applicable)

• Some councils impose developer contributions or levies under Section 7.11 or 7.12 of the Environmental Planning and Assessment Act. These must be paid before construction starts.

5. Meet Pre-Commencement Conditions

• Provide specialist reports and plans to your PCA.

• Meet all DA Conditions.

6. Comply with Other Approvals

• If other approvals are required (e.g., road opening permits, stormwater connections), these must be obtained before work begins.

7. Provide your Builders Home Warranty Insurance or an Owner-Builder Permit

• If you’re hiring a licensed builder, ensure they provide a written contract and valid insurance (Home Building Compensation Fund insurance for works over $20,000).

• If you’re an owner-builder, you may need to obtain an Owner-Builder Permit if the project exceeds $10,000.

You can only start building in NSW after obtaining the following:

• Council or DA Approval

• Construction Certificate

• Principal Certifier Appointment

• Fulfillment of DA Conditions

• Relevant insurances and permits

Dynamic Approvals can assist with managing all of the required paperwork and PC applications for the Construction Certificate stage of the development.

The approvals process can be broken down into three distinct stages:

1. Pre-Submission

• Timeframe: Typically 2–12 weeks, but it can vary depending on the project complexity, consultant availability and how quickly required supporting documents are prepared and delivered.

• Activities:

  • Engaging professionals like architects, engineers, planning consultants of specialist consultants for specific reports (e.g., BASIX, engineering, surveys, bushfire reports etc).

  • Conducting pre-lodgement meetings with council (optional but recommended) and consultants for supporting reports.

  • Preparation of site plans, architectural drawings, and other supporting documentation.

  • Addressing any initial concerns or adjustments to align with local regulations.

2. Assessment

• Timeframe:

  • Development Application (DA): 6–16 weeks (or longer for complex projects).

  • Complying Development Certificate (CDC): 10–20 business days if all requirements are met and required documents are supplied.

• Activities:

  • Submission of the application through the NSW Planning Portal.

  • Assessment by the council or private certifier for compliance with local and state regulations.

  • Public notification and consultation (for DAs), which typically lasts 14–28 days.

  • Potential requests for additional information or modifications to the application.

3. Post-Assessment

• Timeframe: 1–4 weeks.

• Activities:

  • Issuance of approval (Development Consent or Complying Development Certificate).

  • Review and addressing any conditions of consent outlined in the approval.

  • Preparing for the construction phase, including applying for and obtaining a Construction Certificate (CC).

By considering these stages, applicants can better plan for the entire timeline of their project approval and lead up to construction.

You can lodge it yourself, but engaging a professional like Dynamic Approvals can increase the chances of success and a faster determination by ensuring compliance with all requirements.

In New South Wales (NSW), a private certifier (also known as a private certifying authority or PCA) plays a key role in the building approval process. Their responsibilities include:

1. Assessing and Issuing Construction Certificates (CC):
   When a Development Application has been approved by Council, a secondary application known as a Construcition Certificate needs to be made to either a private Certifier or can be made to Council. A private certifier ensures that the proposed construction complies with the Building Code of Australia (BCA), relevant Australian Standards, and conditions of development consent issued by the local council. They issue a Construction Certificate (CC), allowing construction to commence.

2. Acting as the Principal Certifying Authority (PCA):
   If appointed, the private certifier becomes responsible for overseeing compliance during the construction phase. They conduct mandatory inspections at critical stages of construction, such as footings, framing, and final works.

3. Issuing Complying Development Certificates (CDC):
   For projects that meet the requirements of a Complying Development, private certifiers can assess and issue a CDC. This streamlined process eliminates the need for a full development application (DA) to the council, saving time and costs.

4. Conducting Inspections:
   Private certifiers conduct inspections throughout the building process to ensure that construction complies with the approved plans, the BCA, and other applicable standards.

5. Issuing Occupation Certificates (OC):
   Upon completion of the construction, the private certifier assesses whether the building is safe and suitable for occupation. If the construction complies with the necessary requirements, they issue an Occupation Certificate (OC).

6. Providing Advice and Guidance:
   Private certifiers can provide advice on compliance issues, helping builders, designers, and homeowners understand and meet regulatory requirements.

The NSW Planning Portal is an online platform provided by the New South Wales Department of Planning and Environment. It serves as a centralized digital hub for planning and development processes across NSW.

The portal is designed to streamline the process of lodging and managing development applications, complying with legislative requirements, and facilitating interactions between planning consultants such as Dynamic Approvals, homeowners, developers, councils, and certifiers.

Building without the required approvals can result in the requirement for a Building Information Certificate Application, fines, legal action, or orders to demolish non-compliant work.

Always ensure approvals are in place before starting.

If you have unapproved building works on your property and have been contacted by Council requesting a Building Information Certificate, please get in touch to discuss with us how we can assist.

A BASIX Certificate (Building Sustainability Index) is a mandatory requirement in New South Wales (NSW) for most residential building projects. It is part of the NSW Government’s initiative to ensure homes are designed and built to be energy and water-efficient, reducing their environmental impact.

What is a BASIX Certificate?

A BASIX Certificate demonstrates compliance with sustainability targets in three key areas:

1. Energy Efficiency: Ensures the home uses less energy by focusing on insulation, natural lighting, and efficient appliances.

2. Water Efficiency: Promotes water-saving measures like rainwater tanks, efficient fixtures, and native landscaping.

3. Thermal Comfort: Ensures the home design optimizes temperature control with minimal reliance on artificial heating or cooling.

Do You Need a BASIX Certificate?

You need a BASIX Certificate if your project involves:

• Building a new residential dwelling, such as a house, townhouse, apartment, or granny flat.

• Alterations or additions to existing homes where the cost exceeds $50,000.

• Swimming pools or spas with a water capacity of 40,000 liters or more.

When Do You Not Need a BASIX Certificate?

• If your project is minor and doesn’t meet the cost or water usage thresholds.

• For non-residential buildings.

This certificate must be included in your Development Application (DA) or Complying Development Certificate (CDC).

If you're unsure whether your project requires a BASIX Certificate, we can help clarify based on your specific circumstances.

Yes, but you will need to comply with local zoning laws and building regulations. Specific documentation and approvals may vary depending on whether the home is classified as temporary or permanent.

If you need assistance with a Tiny Home application please get in touch.

Yes, but any changes must be submitted for a modification of consent.

The extent of changes will determine whether a minor or major modification is required.

If your DA is refused or granted with unacceptable conditions you have three options all of which will require some time and cost:

• Request a Review of Determination by your council (with amended plans, if you wish). A fee applies and you have six months from the date of the decision for this request to be lodged and also determined. You need to allow sufficient time for this.

• Commence an appeal to the Land and Environment Court. You have six months to lodge an appeal. The court hears from you or your representative, council, relevant experts and potentially the community and determines whether the DA should be approved and what conditions should apply to it. The appeal process can be time consuming and costly, particularly if a matter is not resolved through mediation before going to a hearing.

• Modify and re-lodge your DA.