A complying development certificate can be issued by council or a private certifier without the need for a full development application, providing the application meets very specific criteria.
Complying development cannot be undertaken on all land. To determine if your property meets the land-based requirements you can apply to Council for a Section 10.7 Planning Certificate.
Complying development rules are set out by Codes SEPP pt 1 div 2 s 1.17 - What development is complying development?.
All complying development must still meet the National Construction Code (NCC) as well as the requirements for adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licenses, permits and authorities.
There are general requirements listed under Codes SEPP pt 1 - General that apply to all complying development and in addition, each type of development must also meet certain 'development standards' to be complying.
Land can be divided via 'strata subdivision' or 'torrens subdivision'.
Strata subdivision
As indicated in Codes SEPP pt 6 div 1 - Strata subdivision, a complying development certificate can be issued for land to be subdivided via strata subdivision if the following controls are considered:
If the site was originally approved with a complying development certificate, strata subdivision can be approved with a complying development certificate for the following:
- dual occupancy
- manor houses
- terraces
Strata subdivision cannot be approved with a complying development certificate for the following:
- secondary dwellings
- boarding houses
- group homes
Torrens subdivision
As indicated in Codes SEPP pt 6 div 2 - Torrens subdivision, a complying development certificate can be issued for land to be subdivided via torrens subdivision if the following controls are considered:
Torrens subdivision can be approved with a complying development certificate for multi-dwelling and dual occupancy developments if:
- no part of a dwelling is located above any part of another dwelling, AND
- the site was originally approved with a complying development certificate
Torrens subdivision can be approved with a complying development if the lots that would result from the subdivision have the following qualities:
- located in zone RU5, R1, R2 or R3
- at least 6m wide (measured at the building line) and have lawful access, and frontage to, a public road
- a minimum size of 200m2 for manor houses
- a minimum size of 500m2 for dual occupancy (attached)
- a minimum size of 700m2 for dual occupancy (detached)
The NSW Government has more information on complying development on the NSW Planning Portal.