NSW Building Approval Guide

1. Development Application (DA) Process

A Development Application (DA) is a formal request for consent submitted to your local Council. It is required for projects that are complex, custom, or located on constrained sites (like heritage areas or high bushfire zones). The assessment is merit-based against the Council's Local Environmental Plan (LEP) and Development Control Plan (DCP).

• Step 1: Pre-Lodgement: Consult with Council to understand constraints. Gather architectural plans, survey, Statement of Environmental Effects (SEE), and BASIX certificate.
• Step 2: Lodgement: All DAs must be lodged online via the NSW Planning Portal.
• Step 3: Public Exhibition: Council notifies neighbours, giving them a 14 to 28-day period to make submissions or objections.
• Step 4: Assessment & RFI: A Council Assessment Officer evaluates the application. They may issue a Request for Information (RFI) if changes are needed.
• Step 5: Determination: The Council formally approves (with conditions) or refuses the application.
• Step 6: Construction Certificate (CC): Before building can start, a Principal Certifying Authority (PCA) must issue a CC confirming the detailed engineering and construction plans comply with the Building Code of Australia (BCA).

2. Complying Development Certificate (CDC)

A CDC is a fast-tracked approval process that combines planning and construction approval. If your design meets strictly predefined state standards (the State Environmental Planning Policy or SEPP), it can be approved by a Private Certifier or Council within 2-3 weeks.

• Requirements: The design must have 100% compliance with maximum heights, setbacks, landscaping, and floor space ratios. No variations are allowed.
• Limitations: CDCs cannot be used on highly constrained land, such as State Heritage Register items, environmentally sensitive areas, or high-risk bushfire zones (BAL-40 and BAL-FZ).
• Source: NSW Government: Complying Development

3. Occupation Certificate (OC)

An Occupation Certificate authorises the occupation and use of a new building or building addition. It is the final step in the construction process.

• Process: Once construction is complete, the Principal Certifier performs a final inspection.
• Requirements: You must supply final compliance certificates for waterproofing, glazing, fire safety, and plumbing, proving the build matches the approved DA/CC or CDC plans.
• Legality: It is an offence in NSW to occupy a new building without an OC.

4. Section 57 Heritage Requirements (s57)

If a property is listed on the State Heritage Register, Section 57(1) of the Heritage Act 1977 mandates that you must obtain approval from the Heritage Council before altering, demolishing, or developing the property.

• Standard Exemptions: To cut red tape, there are standard exemptions (gazetted in 2025) that allow minor works without formal approval. These include general maintenance, cleaning, repainting (with approved colours), and minor repairs to non-significant fabric.
• Major Works: For significant renovations or rear extensions on heritage properties, a formal Heritage application must be submitted alongside your DA.
• Source: Heritage NSW: Standard Exemptions

5. Bushfire Reports (BAL) & Limitations

If your property is on Bushfire Prone Land, a Bushfire Attack Level (BAL) Certificate is required. The BAL rating dictates the specific construction materials and methods required (e.g., non-combustible cladding, specialized glazing) under Australian Standard AS3959.

• Low Risk (BAL-LOW to BAL-29): A CDC can be issued for these sites, provided you obtain a BAL Certificate from a qualified consultant confirming the rating is 29 or lower.
• High Risk (BAL-40 and BAL-FZ): A CDC is strictly prohibited. You must submit a full Development Application (DA). The DA will be referred to the NSW Rural Fire Service (RFS) for specialized assessment and concurrence.
• Source: NSW RFS: Building on Bush Fire Prone Land