Complying Development is a fast track 14 day approval for straightforward residential, commercial and industrial development.
Providing the application meets specific criteria then it can be determined by a Council or accredited certifier without the need for a full development application.
Examples of Complying Development include:
- renovations to a home
- development of a granny flat
- building a swimming pool
- property extensions (up to two storeys)
- building a garage or carport
- the construction of a new industrial building
- alterations and additions to industrial and commercial buildings
- the demolition of a building
What are the steps?
- Contact us with your project brief to determine the project is in line with development crieria specified in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
- If the project does follow development standards set out by the code, obtain a section 149 certificate (2 & 5) from your local council, to confirm no restrictions apply to your allotment.
- Get started!
Where Is Complying Development Restricted?
(General Housing & Rural Housing Code general exclusions:)
Complying development under the general housing code & rural housing code can not be carried out every where, there are exclusions and restrictions:
- Land within a heritage conservation area, except for items such as a detached outbuilding or swimming pool
- Land reserved for public purpose by an environmental planning instrument
- Sites identified as Class 1 or 2 Acid Sulphate Soils
- Sites with an area less than 200sqm
- Sites with an area less than 6m width
- Within a river front area
- Within a protected area
- Within a flood prone area
- Land that is in the 25 ANEF contour or a higher ANEF contour, unless the development is only for the erection of ancillary development, the alteration of or an addition to ancillary development or the alteration of a dwelling house
- A “special area” – within the Water NSW Act 2014
General exclusions from this code
The following development is not development specified for this code:
(a) the erection of a roof terrace on the topmost roof of an existing or new dwelling house or an existing or new outbuilding,
(b) the erection of a building over a registered easement.
Complying Development For Granny Flats
To comply, your granny flat must be in one of the following zones:
- Zone R1 General Residential,
- Zone R2 Low Density Residential,
- Zone R3 Medium Density Residential,
- Zone R4 High Density Residential,
- Zone R5 Large Lot Residential.
- Minimum 450 square metre lot size.
- Does not involve the construction/alteration of a basement.
- Does not involve construction/alteration of a roof terrace
Development Application VS Complying Development
A complying development does not allow for non compliances. There is no ‘merit’ granted during the assessment of a complying development. A development application can, at times, provide approval to a non-compliant application.
Thanks for reading our post. Hopefully this covers a good chunk of the information you required. For more information, don’t hesitate, contact us.