Every renovation in NSW lands in one of three lanes: exempt development that needs no approval, complying development approved with a CDC, or a development application (DA) lodged with council. The lane depends on what the work changes, where the house sits and whether the design meets fixed state rules.
Work that can go ahead without approval
Exempt development is minor, low impact work listed in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, usually called the Codes SEPP. Provided the work fits every standard for its category, nothing needs to be approved. A like for like kitchen or bathroom refit can fall into this lane.
The conditions are tighter than many people expect. For internal work, that generally means:
- no change to load bearing walls, beams or other structural parts
- no change to the layout of rooms, such as taking out a wall
- no shrinking of a window or door that a room relies on for light or fresh air
- no new holes or other changes to fire-resisting walls, floors or ceilings
Exempt work must still be structurally sound and meet the Building Code of Australia (BCA). It is also off the table on land holding an item on the State Heritage Register. If the house was built before 1990, check for asbestos before anything is pulled apart.
Renovations that suit a CDC
A complying development certificate (CDC) bundles the planning approval and the building approval into one document, for work that ticks every box in one of the state codes. A registered certifier or the council can issue it. Two codes cover most renovations.
The Housing Alterations Code deals with changes inside and on the outside of an existing home. It can cover new internal openings and a new floor layout, as long as the work does not change the BCA classification, create an extra dwelling, add another floor, or convert a basement into habitable rooms. Turning an attic into a room can also qualify, provided the room stays inside the current roof space and the roof pitch does not change. In a heritage conservation area, outside changes are limited: they cannot touch the wall facing the main street (or a wall joining it) and cannot make the house taller.
The Housing Code covers additions, including ground floor extensions and first floor additions. It limits building height to 8.5 m, measured from the natural ground level before any earthworks, and sets side setbacks that grow as the building gets taller, plus rules for landscaped area and floor space.
When the plans comply, the certifier checks them and issues the CDC. A separate construction certificate is not needed. You can read more on our complying development certificate page.
When the project needs a DA
Council usually needs to assess a DA when:
- the house is a heritage item, or the work goes beyond what the code allows in a heritage conservation area
- the land is excluded from complying development, for example some environmentally sensitive or coastal hazard land
- even one code standard, such as a setback, is missed by a small margin
- the work involves a use or form the codes do not cover
A DA allows the council to weigh the merits of a proposal that sits outside the fixed rules. After council approves it, the next step is a construction certificate, which you need in hand before any work on site. Our CDC or DA: picking the approval your home project needs compares the two approval types in more detail.
Other things to check before you choose
Whichever lane applies, a few checks save trouble later:
- Planning certificate. The council planning certificate for your lot (often called a 10.7 certificate) shows heritage, flood, bushfire and other constraints that decide which codes can apply.
- BASIX. A BASIX certificate is required once the value of work on an existing home reaches $50,000. It sets energy and water targets for the work.
- Covenants. The state codes do not override private covenants on the title.
- Structural input. Removing or moving a load bearing wall means an engineer's design and an approval, even when the rest of the job is internal.
If you are not sure which lane your renovation sits in, our plan assessment service can review the drawings against the codes before you commit. You can also see how we approach alterations and additions, or request a quote for a CDC.
Local help across NSW
CertifiBuild certifies Class 1 and Class 10 work in 39 council areas. Local rules on these council pages are a good place to start: Hawkesbury City Council, City of Newcastle, Sutherland Shire Council, Georges River Council, Wingecarribee Shire Council, Hornsby Shire Council.
Suburb pages with local planning notes: McGraths Hill, Merewether, Miranda, Mortdale, Moss Vale, Mount Colah, Mount Pritchard, New Berrima, Newtown, North St Marys. You can also browse every service area.
Sources
- Exempt development overview, NSW Planning Portal
- Home renovation under complying development, NSW Planning Portal
- Housing Code overview, NSW Planning Portal
- BASIX for alterations and additions, NSW Planning Portal