Exempt and Complying Development
What do we mean by Exempt and Complying Development?
Exempt and Complying Development are prescribed categories of development that can be carried out with a simplified version of application and approval or in the case of Exempt Development, with no application.
These types of development are typically simpler developments on sites with minimal constraints that are consistent with preset specific controls.
Complying and Exempt Development is available for consideration under several legislative frameworks.
 Council DCP Section A10 (480kb)
State Government Housing Code Brochure (191kb)
 State Government State Environmental Planning Polices
The choice to use one of the above frameworks will depend on the nature of the work proposed and the land involved as well as the legal relationship requirements described in the above documents.
Once you have established that your proposal can be Complying or Exempt Development, you should follow the sequence of Complying or Exempt Development stages below.
Exempt Development
No application or approval required.
Complying Development
An Application for a Complying Development Certificate (192kb) may be lodged if the proposal meets the prescribed requirements set down under the NSW Housing Code or Council’s Development Control Plan Section A10.
The Department of Planning is in the process of extending the type of development categories that people can seek to advance through the more streamlined exempt and complying development assessment options, as an alternative to the lodgement of development applications.
Through the making of the Environmental Planning and Assessment Amendment (General Commercial and Industrial Code) Regulation 2009, which takes effect on 7 September, 2009, amendments have been made to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, which now extends and updates these provisions to the following:
- Introduction of a new Housing and Internal Alterations Code and new General Commercial and Industrial Code;
- Adds new commercial, industrial and housing types to the General Exempt Development Code; and
- Amends some general types and standards in the General Housing Code to clarify their interpretation.
The same transitional procedures have also been applied to the new Housing and Internal Alterations Code and General Commercial and Industrial Code, allowing people to use either the SEPP or Council’s DCP (no mixing of the two) until 27 February 2010. From that day onwards, people will only be allowed to use the SEPP provisions for these types of exempt and complying development assessment.
Council’s Building and Environmental Heath Unit offers a very thorough and competitive approval and inspection service. Council’s Building Surveyors are accredited professionals, well qualified and with a local knowledge invaluable in ensuring your interests are protected in an impartial manner. We invite your enquiries to discuss any of these processes and services.
A Complying Development Certificate can be issued by Council or a privately accredited certifier.
If you are lodging this application with Council, you should follow the sequence of Complying Development (CDC) events in the 7 stages below:
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