Complying Development

• View the Guide to business and industrial complying development
• View the Guide to residential complying development

Developers and building practitioners need to be aware of the specific requirements involved with applying for a Class 2 complying development certificate.

Developers or building practitioners must provide details of their build team so practitioners can be recorded and notified during the construction stage. The build team will consist of your registered building practitioner, design practitioners and principal design practitioner, if appointed.

A set of declared regulated designs for a Class 2 development will need to be provided before building work starts. A list of the recommended regulated designs can be found on the NSW Fair Trading website.

• Complying development does not override private covenants or similar legal instruments. For example, a covenant that requires a specific construction material or limits building heights continue to apply to the land.
• All works must be structurally adequate, installed in accordance with the manufacturer’s specifications and comply with the Building Code of Australia (BCA).
• If you propose to remove or prune any existing trees or vegetation, you should contact your council first to make sure you don’t need approval for this.
• Buildings constructed before 1987 may contain asbestos.  If you are unsure, you should have the building assessed by a qualified professional before carrying out any renovation or maintenance work.  Visit asbestosawareness.com.au or call 1800 Asbestos (1800 272 378) or read the NSW Government Asbestos Fact Sheet for more information.
• Any structures that would be located on public land, or on or over a public road (including temporary structures), must have separate approval from the relevant council or Roads and Maritime Services under the Roads Act 1993 and the Local Government Act 1993.
• You can carry out complying development on bushfire prone land, subject to the requirements of the relevant Code (clause 3.4 sets out the bushfire prone land requirements under the Housing Code).
• You can carry out complying development on flood-prone lots, subject to the requirements of the relevant Code (clause 3.5 sets out development standards for flood control lot under the Housing Code).
• The NSW Government is continuing to make changes to planning rules to make it easier for people to recover and rebuild after these bushfires. Visit NSW Planning's Repair and response works to find out more. 

We recommend talking to your neighbours before receiving an approval and again before you commence construction.

There are two required neighbour notifications for complying development, pre-approval notification and pre-construction notification. To find out more, visit our What to tell your neighbours section.