Environment & Planning
4. Complying Development
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 26 Jul 2015
- Some developments do not require you to submit a development application but do require you to get the development certified by a council or accredited certifier. These are called complying developments.
- Complying developments include developments such as:
- single and two storey dwelling houses;
- extensions to existing houses;
- garages;
- some internal alterations to dwellings; and
- detached studios.
- A complying development must:
- comply with the Building Code of Australia;
- be permissible under an environment planning instrument such as a Local Environmental Plan (LEP);
- not require an environmental protection licence; and
- not be classified as a designated development.
- Complying developments are regulated under different codes that are incorporated by the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW):
- Certain types of codes have additional requirements that must be met or restrictions that must be observed such as development on flood affected land.
- Some councils will allow internal alterations to dwellings such as changes to internal floor layout or adding an additional wall to create a new room within a pre-existing space as complying developments.
- If you decide to undertake any complying development projects you are required to consult with your neighbours. You should:
- check with your local council for the requirements specific to your area; and
- advise your neighbours of your proposed development at least 7 days prior to starting the work on the property.
- Neighbours do not have a say in your proposed development and cannot ask for it be changed. Neighbourhood consultation is primarily for ensuring that no issues arise in the neighbourhood as a result of higher noise levels and truck traffic during the development stage.
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