The NSW Government is proposing a new complying development variations pathway and changes to complying development standards in the Codes SEPP, as part of landmark reforms to make the planning system faster, fairer and more outcomes focused.
Complying development is designed to fast-track straightforward development. But the system is currently too rigid. It means proposals that may only vary slightly from development standards are going through a full DA process, bogging councils and applicants down in unnecessary paperwork and adding, on average, more than 60 days to the assessment process.
We’re working to make the assessment of such proposals more proportionate and speed up the process, allowing people to get shovels in the ground sooner.
The changes we’re making will:
- create greater flexibility within the complying development framework without compromising on good planning outcomes
- speed up the assessment of low-risk, low-impact development
- give applicants greater certainty of assessment timelines
- retain council oversight in assessing variations from existing development standards
- allow councils to re-focus their resources on more complex matters with bigger impacts.
How to provide feedback
An explanation of intended effect (EIE) is now available for you to read and provide feedback on.
The EIE details the changes we’re proposing, including some of the key areas that we’d like to hear from you on, to help us refine the final complying development certificate variation pathway and complying development standards policy changes.
- There are two ways that you can provide your feedback:
You can provide your feedback on both documents until 5pm Wednesday 24th June 2026.
View the Explanation of Intended Effect
More information
If you’d like to read more on complying development, visit the NSW Planning website.
You can also contact the project team with any additional questions at [email protected].
Exhibition Documents
Exhibition Documents
Frequently Asked Questions
Frequently Asked Questions
Why are changes being made?
Why are changes being made?
Complying development is a faster way to get planning approval for straightforward low impact development. If a proposal meets specified development standards and requirements, it can be assessed and approved by a council or a private registered certifier without the need for a full development application (DA).
In recent years, the range of development types that can proceed as complying development has expanded under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) and other SEPPs. However, many relatively minor development applications still fall short of meeting all standards and requirements for the complying development pathway. This pushes proposals that may only vary slightly from development standards into the much lengthier DA process adding an average of more than 60 days to the assessment process.
Changes are being made to expand the use of complying development and allow more low-impact development to access this pathway. These changes will make assessment of such proposals more proportionate and speed up the planning process, allowing people to get building sooner.
What changes are being made?
What changes are being made?
A new complying development certificate (CDC) variation pathway will be established. Under this pathway, variations to certain development standards may be approved by council through the issue of a variation certificate. Once a variation certificate has been issued, the CDC can continue to be assessed by a registered certifier or by council.
Variations certificates may be issued for both complying development certificates and modifications to complying development.
Permanent changes to the Codes SEPP are also being made to expand opportunities for complying development and make existing standards easier to apply.
How will any potential impacts of the variations be managed?
How will any potential impacts of the variations be managed?
The development standards that can be varied will be detailed in environmental planning instruments, such as the Codes SEPP. These variations will focus on minor, low-impact variations.
Impacts will be managed with the relevant SEPP detailing the extent that a development standard can be varied or the objectives that must be met in varying the standard.
What types of complying development standards can be varied?
What types of complying development standards can be varied?
Variations are being considered for a number of development standards within the Codes SEPP.
The focus is on the most common types of standards where minor non-compliances are currently preventing applications from proceeding through the complying development pathway. These may include controls such as setbacks, heights, maximum gross floor area and vehicle access requirements.
The first stage of the reforms will concentrate on low-rise housing variations under the following parts of the Codes SEPP:
- Part 3 Housing Code
- Part 3A Rural Housing Code
- Part 3B Low Rise Housing Diversity Code
- Part 3C Greenfield Housing Code
- Part 3D Inland Housing Code.
Future stages of the reforms may consider allowing variations for other parts of the Codes SEPP, such as the Industrial and Business Buildings Code, and for other SEPPs that permit complying development, such as the Housing SEPP.
For a full list of the proposed variations to development standards, see the Explanation of Intended Effect.
What are the other changes being made to the Codes SEPP?
What are the other changes being made to the Codes SEPP?
The following amendments are being considered for permanent changes to the Codes SEPP:
Expanding low impact remedial works as complying development
Allowing demolition on bushfire prone land and internal alterations on flood control lots, in some circumstances
Changes to front setbacks to allow alignment with an adjoining dwelling and reducing internal separation between two detached dwellings.
Expanding complying development for sloping sites, modern designs and garages
Simplifying balcony and privacy screen requirements
Permitting above ground rainwater tanks closer to the lot side boundary
For a full list of the proposed changes to the Codes SEPP, see the EIE.
Will variations be allowed under other SEPPs?
Will variations be allowed under other SEPPs?
The initial focus of these reforms is on allowing variations to development standards within the Codes SEPP.
Future reforms may consider allowing variations to development standards under other SEPPs that allow complying development. Any such changes would need to be made to the relevant SEPPs before variations could be approved.
Who can assess variations to development standards and issue a variation certificate?
Who can assess variations to development standards and issue a variation certificate?
Only councils will be able to assess variations to development standards and issue a variation certificate, which will retain council oversight of variations. Councils may use a certifier, building surveyor, planner or other staff who are typically involved in the assessment of either complying development or development applications to assess these variations.
The Environmental Planning and Assessment Act 1979 (EP&A Act) allows the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation) to prescribe another approver. This provision has been included to allow for potential future expansion of the CDC variation process where another consent authority, such as the Minister, may be responsible for assessing development applications under Part 4 of the EP&A Act. At this stage, variations will only apply in areas where councils are typically the consent authority for local development applications. This process will not apply to land where the Minister or another body, such as the Sydney Olympic Park Authority, is the consent authority for local development applications.
What role will private registered certifiers have in the new variation process?
What role will private registered certifiers have in the new variation process?
Where a CDC includes an application for variation certificate
Where an applicant has identified that a variation is required upfront in the application process, a private certifier should do an initial check of the application before forwarding the variation certificate application to council on behalf of the applicant.
Where a certifier identifies that a development standard that requires a variation
If a private certifier identifies a variable standard that is not complied with during their assessment, the certifier should explain the options available to the applicant, including:
- amending their application to meet the relevant development standards
- applying for a variation certificate from council
- submitting a development application to council.
Once variations are approved, deemed approved or refused
Once a variation certificate has been assessed by council and is either approved or deemed approved, the certifier can continue with their assessment of the CDC.
If the variations have been refused, or if only some development standards in the application have been approved, the certifier should advise the applicant that they will need to amend their application if they want to continue to be assessed as a CDC.
Will there be limitations on the number of development standards that can be varied or variation certificates that can be issued?
Will there be limitations on the number of development standards that can be varied or variation certificates that can be issued?
We are proposing that no more than 3 to 4 development standards may be varied for a single development.
This limit would apply to the development as a whole and would include:
- the original CDC application
- any subsequent modifications to the development.
What will be the process for an applicant to apply for a variation certificate?
What will be the process for an applicant to apply for a variation certificate?
An applicant should identify upfront in their CDC application whether any part of the development does not meet the relevant development standards set out in the relevant SEPP.
The applicant should then confirm that the variation is permitted under the Codes SEPP and that it meets how the SEPP identifies the standard can be varied.
Applicants should consider whether the variation of one development standard affects another development standard. Where this occurs, all related variations should be included in the one application for a variation certificate.
The applicant should then prepare a brief justification document (1 to 2 pages) supporting the variation certificate.
The justification document should:
- outline the complying development standards in the relevant SEPP being varied, and the variations sought
- demonstrate consistency with how the SEPP outlines the development standard may be varied
- provide reasons and justification why a variation to the complying development standard is appropriate
- include drawings or plans of the proposed development illustrating the part of the development where the variation is being sought and the proposed variation, and
- include any additional information requirements outlined in Chapter 4 of the EIE.
The justification document should be prepared by the applicant, building designer, architect or planner.
In some cases, an applicant may not be aware that their development does not meet all the relevant development standards, and this may be identified when the certifier is reviewing and assessing the CDC application. If a variation certificate is required at this stage, the applicant must submit the relevant supporting documents, including the justification document, and drawings, to support the application for a variation certificate.
What will be the fee that applies for variation certificates, and how is it paid?
What will be the fee that applies for variation certificates, and how is it paid?
The fee for applying for a variation certificate will be listed in the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation 2021).
Applicants will be required to pay the variation certificate fee to council through the NSW Planning Portal.
If an applicant applies for more than one variation certificate, or if a development is modified and a new variation certificate is needed, the applicant will need to pay the fee for another variation certificate.
We are asking for feedback on the fee structure as part of the EIE.
Option 1: Set fee
This option would impose a set fee of 4 fee units for a variation certificate application, which equates to $456 in the 2025/26 financial year, and would be payable to councils.
Option 2: Fee per variation
This option would impose a fee based on the number of variations to complying development standards being considered by council. This could be scaled as follows:
- one variation = 3 fee units ($342)
- two variations = 4 fee units ($456)
- three or four variations = 5 fee units ($569)
Will there be refunds if a variation certificate is refused or withdrawn?
Will there be refunds if a variation certificate is refused or withdrawn?
We are not proposing that refunds will be issued for applications for variation certificates refused or applications withdrawn.
What are the timeframes for assessing a variation to development standards?
What are the timeframes for assessing a variation to development standards?
Where a CDC application is being assessed by a private certifier, council will need to determine the application for variation to development standard within 10 calendar days. If an application is not refused within this timeframe, the variations are taken to have been deemed approved, and the private certifier may continue assessing the remainder of the CDC application.
When a CDC application is being assessed by council, council will need to decide on the variation to development standard within 20 calendar days. This timeframe allows council to issue both the CDC and the variation certificate at the same time.
The timeframe for considering a variation request will start once an applicant has paid the relevant fee for the variation certificate application.
Why are the timeframes so short?
Why are the timeframes so short?
The complying development pathway is designed to provide fast planning approval for small-scale and low-risk development types, with typical approval timeframes of 10 to 20 days.
The timeframe is short, as councils' merit assessment of the variations will be limited to minor variations only, and they will need to only focus on the parts of the development that are being varied.
The timeframes for consideration of variation to development standards are intended to ensure the complying development pathway continues to deliver fast approvals.
Will the variation certificate be deemed approved over the Christmas break?
Will the variation certificate be deemed approved over the Christmas break?
No. We will exclude the two-week Christmas break from the deemed approval period.
What if an application for a variation certificate does not comply with the requirements of the SEPP, and the assessment timeframe elapses — will it be deemed approved?
What if an application for a variation certificate does not comply with the requirements of the SEPP, and the assessment timeframe elapses — will it be deemed approved?
No. If an application for a variation certificate is made in accordance with the relevant SEPP or with the EP&A Regulation, then the variation certificate will not be deemed approved. This includes circumstances where development standards are not permitted to be varied, the maximum number of allowable variations has been exceeded, or the variations exceeds the numerical limits specified in the relevant SEPP on how the development standards can be varied.
In these circumstances, the deemed approval provisions do not apply, even if the 10‑ or 20‑day assessment timeframe has elapsed.
For example, if an applicant applies for a variation of increased height that exceeds the LEP height controls, then this variation could not be deemed approved.
What will the timeframes be for CDCs that include a variation certificate?
What will the timeframes be for CDCs that include a variation certificate?
CDC applications that include a variation certificate will have a 20-day assessment timeframe.
What are the considerations of council when assessing the variation certificate?
What are the considerations of council when assessing the variation certificate?
A council assessing an application for a variation certificate must only consider the complying development standards being varied and its application to the proposed development.
In doing so, Council must also consider whether the variation is permitted by the relevant environmental planning instrument (i.e. the Codes SEPP) and whether it’s consistent with how the SEPP provides that a complying development standard may be varied and that there will no significant additional adverse impacts.
What if an application seeks to amend their plans or add an additional variation after a variation certificate is issued?
What if an application seeks to amend their plans or add an additional variation after a variation certificate is issued?
If an applicant seeks to amend their plans which affects variations or include additional variations after a variation certificate is issued, an applicant will need to apply for a new variation certificate.
Council will reassess all the variations and issue a new variation certificate where variations are supported. The new variation certificate would revoke any previously issued variation certificate.
What are the options available to council when assessing a variation certificate?
What are the options available to council when assessing a variation certificate?
A council may either:
- Approve a variation certificate
A council may approve the variation certificate. Where an applicant has sought multiple variations to development standards, council may approve all or only some of the variations. In this instance, the variation certificate should detail the development standards that have been approved and the variations that have been refused.
- Refuse a variation certificate
A council should refuse a variation certificate where:
- the complying development standards proposed for variation are standards which can’t be varied in the SEPP.
- the variations sought are not consistent with the way or extent the SEPP prescribes how the standard may be varied.
- the development is located on land on which complying development is not permitted.
- no justification or insufficient information has been provided to support the variation.
- the application has not been made in accordance with the SEPP or regulation.
- Deemed approved
If a council does not make a decision within the relevant period, then the variations to development standards will be deemed approved.
What are my options if council refuses to issue a variation certificate?
What are my options if council refuses to issue a variation certificate?
If council refuses to issue a variation certificate, an applicant will either need to:
- amend their CDC application to meet all relevant development standards under the SEPP, if they want to continue in the complying development pathway, or
- proceed with a development application instead.
What can council do if there are issues with the Planning Portal and they are unable to refuse a variation to a development standard?
What can council do if there are issues with the Planning Portal and they are unable to refuse a variation to a development standard?
If technical issues with the NSW Planning Portal prevent a council from formally refusing an application for a variation to a development standard, council should notify the certifier of its determination in writing.
Are there any review or appeal rights for variations to development standards?
Are there any review or appeal rights for variations to development standards?
At this stage, there will not be any review or appeal rights available for decisions to approve or refuse a variation certificate.
We will monitor how the CDC variation process is working in practice and may review this in the future, as required.
Does a variation certificate apply to modifications where a complying development certificate has already been issued?
Does a variation certificate apply to modifications where a complying development certificate has already been issued?
A variation certificate will continue to apply to a modification of a complying development certificate, provided that any modifications do not affect any approved variations.
If the development is being modified, and it is identified that there is a need for new or additional variations or development standard variations are affected, the applicant will need to apply for a new variation certificate. This application must be supported by a justification for these variations, as well paying the relevant fees.
Scenario 1 – Modifications that do not affect approved variations
In circumstances where a CDC has been approved that includes variations and modifications that do not affect the variations, the certifier can approve the modification to the CDC relying on the approved variation certificate. The variation certificate still applies, and the changes do not need to be referred back to council.
- For example, where a CDC includes a variation for a reduced front setback, and a modification seeks to extend the dwelling to the rear or make other minor changes that do not affect the front setback, the variation certificate still applies, and no reassessment of the variation certificate would be required.
Scenario 2 – Modifications that affect approved variations
In circumstances where an applicant has a CDC and the proposed modifications affect approved variations, then the variations would need to be referred back to council. Council would need to reassess the application and issue a new variation certificate. Additional fees would apply for the new variation certificate.
- For example, where a CDC includes a reduced side setback and a modification seeks to extend the dwelling to the rear and the reduced side setback would apply along the length of the site, reassessment of the variation would be required.
Will CDC variations apply where construction has already commenced?
Will CDC variations apply where construction has already commenced?
We are not proposing to allow variations to apply where construction for a development has already commenced.
The variation pathway will not be able to be used to address matters that arise during construction where a development does not comply with development standards.
Are there any other reforms being planned to complying development?
Are there any other reforms being planned to complying development?
The first stage of the variation reforms will concentrate on low-rise housing variations under the Codes SEPP. Future stages of the reforms may consider allowing variations for other parts of the Codes SEPP, such as the Industrial and Business Buildings Code, and for other SEPPs that permit complying development, such as the Housing SEPP.
The changes to the CDC process will allow the Department to collect data on common variations sought and approved. This information may help inform future amendments to the Codes SEPP.
We will also continue to review the Codes SEPP to ensure it remains fit for purpose and the EIE along with variations includes proposed changes to the Codes SEPP to address known issues and improve the Codes SEPP.
How do the reforms relate to changes to consultation for CDCs?
How do the reforms relate to changes to consultation for CDCs?
The Department is currently consulting on a new statewide Community Participation Plan (CPP) to provide greater consistency across NSW on consultation.
As part of this new CPP, it is proposed to mandate a 7-day notification before works commence for new buildings, additions and demolitions undertaken as complying development in all local government areas (LGA).
We are also proposing to remove the current 14-day written notice requirement which currently applies to only 34 LGA’s.
For further information, please see our website on the changes proposed for the new CPP.
How do the reforms relate to the discussion paper on new low-rise housing reforms and targeted assessment?
How do the reforms relate to the discussion paper on new low-rise housing reforms and targeted assessment?
The discussion paper on new low-rise housing reforms and targeted assessment seeks feedback on the establishment of a new Low-Rising Housing Code. The discussion paper proposes that this new Code would include objectives and standards for complying development and targeted assessment, and that these would also include variations.
The variations included in the EIE are the first stage of introducing variations to complying development standards. If a new Low-Rise Housing Code is established, further amendments to the Codes SEPP and variations may be required so that the variations can align with this new Code.
What happens if a development is not built in accordance with a CDC?
What happens if a development is not built in accordance with a CDC?
All development carried out as complying development must be constructed in accordance with the approved documentation, including the CDC and the approved plans.
Certifiers are required to issue written notice directions when becoming aware of any non-compliances during construction. Where a person undertaking the development does not comply with a written notice direction, the certifier is required to notify this to the owner and council.
If development is not carried out in accordance with the approved CDC, it may constitute unauthorised development. In these circumstances, the principal certifier may be unable to issue an occupation certificate, and the building cannot be lawfully occupied until compliance is achieved. The applicant or owner may also be subject to compliance or enforcement action under planning legislation.
When will the variation certificate process start?
When will the variation certificate process start?
The Department will review all submissions before finalising the reforms. It is expected the reforms will commence in the 3rd quarter of 2026.
Will the new process apply to CDC applications already lodged but not determined?
Will the new process apply to CDC applications already lodged but not determined?
The new process will not apply to CDC applications already lodged but not determined.
Where can I find out more?
Where can I find out more?
Further information on the CDC variation process can be found in the EIE.
Any questions should be directed to [email protected].