Are you a homeowner in NSW and want to improve your home with a beautiful new bathroom, an extra storey, or a new extension? PropCode is here to describe the different approval pathways for alterations and additions projects: exempt, complying development (CDC), or development application (DA).
Pro tip: in the NSW planning rules, the words “alteration” and “addition” are used instead of “renovation”.
Exempt development
The easiest is exempt development, which doesn't require approval from the council or state. Exempt development includes alterations like bathrooms, kitchens, or insulation, and they must not:
- change the configuration of a room, i.e. remove or add walls;
- reduce doorway and window size;
- enclose open space.
Complying development (CDC)
If your project has larger aspirations and can’t be exempt development, then complying development (CDC) is the fastest way to gain approval. CDC’s are approved by a Council or private certifier after checking your project against the relevant Code.
Pro tip: CDCs are often more restrictive or not allowed in heritage items and conservation areas, so read the rules carefully if this applies to your property.
For alterations that don’t modify building height or floor area, the rules in the CDC Housing Alterations Code allow more works than with exempt development, such as:
- Erection of a new wall
- Open concept (knocking down walls)
- A new skylight
- A new front door space
For bigger projects that aren’t within the Housing Alterations Code (i.e. increase in building height or floor area), a CDC may be possible using one of the other residential Codes such as Housing Code, Rural Housing Code, or Inland Code. These three Codes all allow new build or alterations and additions of houses, and each one applies to a different location:
- Housing Code is for urban residential zones (RU5, R1, R2, R3, R4) in coastal LGAs
- Rural Housing Code is for rural zones (RU1, RU2, RU4, RU6, R5) in coastal LGAs
- Inland Code is for residential and rural zones in inland LGAs
All of these Codes allow any alterations and additions to 1-2 storey houses, but each Code has different limits for height, total floor space, and setbacks that must be followed. Some of these Codes have minimum lot size rules to be eligible, so you’ll have to check carefully for your property.
Development application (DA)
If none of the CDC options can be done for your project, maybe because you’re building a large addition or the property is in a heritage area, a DA will be your last option. A DA has to follow the rules in your Local Environmental Plan (LEP) and Development Control Plan (DCP) instead of the CDC Codes. Your Council will assess the DA on a case-by-case basis after notifying neighbours and considering subjective requirements. This process typically takes months, much longer than the 2-4 weeks required for CDC approval.
How PropCode helps
If this all sounds confusing, don’t worry! PropCode has been created to help you navigate the rules and find your answers. All the rules mentioned in this article can be found on PropCode Library within the Codes SEPP or your LEP and DCP. Even better, once you’ve entered your address on PropCode, you’ll instantly see the LEP and DCP(s) that might apply to your project. Then you can use our AI-powered search function to find your answers. Explore the Library today to see what’s possible for your project!