Planning a new deck, a granny flat, a second storey or a subdivision? Before the first shovel hits the ground, there is an important question to answer: what approval, if any, does the work need?

Getting this right at the start can save you time, money and stress later. Getting it wrong can lead to fines, orders to stop or demolish work, and problems when you try to sell. Here is a plain English guide to the approval pathways in New South Wales and what each one involves.

The three approval pathways in NSW

In New South Wales, building work and changes to the use of land generally fall into one of three approval pathways:

• Development consent, following a development application (DA)
• A complying development certificate (CDC)
• Exempt development, which does not need a DA or CDC

The correct pathway depends on the type of work, the land, and the planning rules that apply to the property. Two similar projects on neighbouring blocks may need different approvals because of differences in zoning, heritage listings, flood controls or other restrictions.

Development applications (DAs)

A development application, usually called a DA, is a formal application seeking consent for proposed development. It is generally lodged through the NSW Planning Portal and assessed by the local council, although some larger or specialised developments are assessed by another consent authority.

A DA may be required for developments that:

• are more complex
• have a greater impact on neighbours or the surrounding area
• do not meet the fixed standards for complying development

How a DA is assessed

When assessing a DA, the consent authority considers the relevant environmental planning instruments, council development controls, likely environmental effects, public submissions and the suitability of the site. Neighbours may be notified and given an opportunity to comment.

The authority may approve the application, approve it subject to conditions, or refuse it. If approved, the resulting approval is called development consent.

Development consent is not always the final step. A construction certificate will usually also be required before approved building work can begin.

Complying development certificates (CDCs)

A complying development certificate, commonly called a CDC, combines planning and construction approval through a faster process. It may be issued by the council or a registered certifier.

However, a CDC is only available if the proposed work and the property meet all applicable requirements under a State environmental planning policy. These requirements include measurable standards dealing with matters such as building height, setbacks, floor area, landscaping, privacy, fire safety and structural requirements.

Why every requirement matters

Unlike a DA, a certifier has limited discretion when determining a CDC application. If every requirement is met, the certificate can generally be issued. If even one requirement is not met, the proposal cannot proceed as complying development and may need to be changed or submitted as a DA.

Although the CDC process is usually quicker and does not involve the same public assessment process as a DA, notice may still need to be given to neighbours before work starts.

Complying development may also be restricted on heritage land, environmentally sensitive land or land affected by particular hazards. In the Penrith area, for example, properties near the Nepean River may be affected by flood planning controls, which can change what is permitted and which pathway applies.

Exempt development

Exempt development covers minor, low-impact work that does not require a DA or CDC. Common examples may include certain small sheds, fences, decks, carports, air-conditioning units and minor internal alterations.

Whether work is exempt depends on strict standards concerning its size, location, height, materials and impact.

Exempt does not mean “no rules”

Exempt development must still meet the requirements that apply to it. The work must:

• satisfy every applicable development standard
• comply with the National Construction Code where relevant
• not affect protected trees, heritage items, easements or other legal rights

If the work exceeds any permitted standard, approval may be required.

What this means for you

Before starting work, the property’s planning controls and title restrictions should be checked carefully. This can include zoning, heritage and hazard controls, as well as easements, covenants and other restrictions recorded on the title.

Work carried out under the wrong pathway may be unauthorised. The consequences can include:

• stop-work or demolition orders
• fines
• difficulty selling the property
• costly retrospective approval processes

Unauthorised work can also become an issue when you buy a property. If a previous owner built a deck, enclosed a garage or added a structure without the right approval, the problem may become yours after settlement. This is one reason it is worth having your contract and the property’s approval history reviewed before you sign.

Get clear advice before you build

Whether you are planning a small renovation, a new structure or a larger development, understanding your approval pathway early helps you plan with confidence and avoid costly surprises.

Our experienced property law team can help you understand the planning controls and title restrictions that apply to your property, review contracts, and guide you through development and subdivision matters in plain English.

Get in touch to discuss your situation with our experienced team.