Residential Complying Development (CDC) in NSW — the essentials

CDC vs DA (in plain English)
Most small residential projects in NSW can be approved either by a traditional Development Application (DA) through council or, if you meet a prescriptive checklist, via a Complying Development Certificate (CDC) through council or a private certifier. CDC is fast and rule‑based; if you tick every box, you get consent. If you miss even one, you’ll need a DA.

Who can use CDC?
Two things must be true:

• Your land passes the Codes SEPP land tests (e.g., not critical habitat; handle bushfire/flood rules correctly).

• Your design hits the exact development standards for your building type (height, setbacks, site coverage, landscaping, privacy, etc.). No “merit” wiggle room. What you can build (common residential pathways)

• Dwelling house (1–2 storeys) under the Housing Code; rural dwellings under the Rural Code; greenfield and inland areas have tailored codes.

• Low‑rise diverse housing: dual occupancies (side‑by‑side or stacked), manor houses (3–4 dwellings in 2 storeys), and terraces/townhouses (multi‑dwelling housing facing a road) under the Low Rise Housing Diversity Code.

• Secondary dwellings (“granny flats”) sit under the Housing SEPP (separate rules).

• Ancillary works (garages, sheds, pools, decks, carports, studios, etc.) can be exempt, CDC, or DA depending on size/location. Use the summary tables to check what’s allowed when. Land constraints to watch
  CDC is typically not available on: mapped critical habitat, some heritage contexts (with limited carve‑outs), certain water catchments if unsewered, high aircraft‑noise areas (ANEF 25+ for dwellings), parts of coastline/foreshore, and BAL‑40/Flame Zone bushfire areas (with narrow exceptions for some minor works). Flood‑prone lots have extra tests.

The 6‑step CDC journey (what the certifier will expect)

• Check if your works are exempt (no approval needed).
• Confirm CDC is permissible on your land (10.7 certificate + Spatial Viewer).
• Pick the right Code (Housing, Rural, Greenfield, Inland, LRHD).
• Design to the standards (height, setbacks, site coverage, windows/privacy, drainage, earthworks).
• Collect other approvals (e.g., BASIX for any new dwelling; driveway/kerb consents; tree permits; mine subsidence approval where relevant).
• Lodge via the NSW Planning Portal; council or a private certifier can be the consent authority and then the Principal Certifier. How fast is CDC?
  Statutory assessment caps are 10 days (or 20 days if neighbour notification is required). In practice, CDCs are much quicker than DAs. Historical statewide medians for small residential have shown DAs taking around two to three months, versus a few weeks for CDCs (often faster with private certifiers). Always check your LGA’s current performance data.

Key rule‑of‑thumb numbers (by pathway)

Quick checks only. Always confirm zoning and mapped constraints, and then apply the detailed tables in the relevant Code.

Additions & alterations to a single dwelling (Housing Code – Part 3A)

• Max building height: 8.5 m.
• Typical front (primary road) setback: match the average of the 2 nearest dwellings within 40 m (non‑classified road).
• Site coverage bands (incl. ancillary):65% (200–<250 m² lot) · 60% (250–<300 m²) · 55% (300–<450 m²) · 50% (450–<900 m²) · 40% (900–<1,500 m²) · 30% (≥1,500 m²).

Single dwellings – new (Housing Code – Part 3A)

• Max building height: 8.5 m.
• Front setback guide (non‑classified): average of two nearest within 40 m.
• Use the Housing Code tables for exact side/rear setbacks, private open space, and landscaping based on your lot size and width.

Dual occupancies (side‑by‑side) – LRHD Code (Part 3B)

• Zoning: R1/R2/R3/RU5 where permitted in the LEP.
• Min lot size: LEP minimum or 400 m² if none. Min lot width: 15 m (or 12 m where only rear‑lane/secondary access).
• Max height: 8.5 m.
• Max GFA (all buildings): 25% of parent lot + 300 m² (cap 800 m² if >2,000 m² lot).
• Landscaped area: 50% of parent lot − 100 m², with at least 25% forward of the building and ≥50% of required landscaping behind the building line (min 1.5 m width).
• Parking: ≥1 off‑street space per dwelling.

Manor houses (3–4 dwellings, ≤2 storeys) – LRHD Code (Part 3B)

• Min lot size: LEP minimum for manor/dual occ, or 600 m² if none. Min lot width: 15 m.
• Max height: 8.5 m. Max GFA: 25% of lot + 150 m² (cap 400 m²).
• Landscaped area: 50% of lot − 100 m², incl. 25% forward of the building and ≥50% behind the building line (min 1.5 m width).
• Primary road setback: average of two nearest within 40 m; if none, use lot‑size table (4.5 m for 400–900 m²; 6.5 m for 900–1,500 m²; 10 m for >1,500 m²).
• Side setback: 1.5 m min; where >10 m behind building line and >4.5 m high, s = h − 3 m. Rear setback: 6–15 m depending on lot size/height (per table).
• Parking: ≥1 off‑street space per dwelling; strata subdivision permitted.

Townhouses / Terraces (multi‑dwelling housing) – LRHD Code (Part 3B)

• Min lot size: LEP minimum or ≥600 m² if none. Min lot width: 21 m.

• Max height: 9 m.

• Primary road setback: average of two nearest within 40 m (or 3.5 m where none within 40 m or in R3). Side setback: 1.5 m. Rear setback: 3–15 m by lot area/height (per table).

• Landscaped area (no subdivision): 30% (R1/R2/RU5) with ≥54 m² per dwelling; 20% (R3) with ≥36 m² per dwelling. (Higher % apply when subdividing.)

• Parking: ≥1 off‑street space per dwelling; Torrens subdivision allowed to ≥200 m² lots. Pro tips for smoother approvals

• Order a Section 10.7(2) planning certificate early and confirm zoning, affectations, heritage, bushfire/flood status, and whether CDC is flagged for your lot.

• Use the ePlanning Spatial Viewer to cross‑check codes and mapped constraints.

• Engage your certifier early; line up BASIX, stormwater, tree, and road‑opening consents ahead of lodgement.