Do I need approval?

Before you undertake any development or building works, you will need to determine what approvals you require.

A Development Application (DA) is usually required for most development in the local area, but it is not always necessary. You might be able to undertake the development as:

• exempt development, which does not need approval
  or
• complying development, which must meet all relevant standards in the State Environmental Planning Policy (Exempt and Complying Codes) 2008 (State Policy). This type of approval combines the functions of a DA and Construction Certificate (CC). It is a simpler and quicker approval process than submitting a DA. However, complying development cannot be undertaken on all land.

The State Policy sets out the standards that each type of development must meet to be exempt. If your development proposal cannot satisfy one or more of these standards, you will need a DA, Complying Development Application or Local Government Act approval.

If you have been bushfire-impacted and are planning on rebuilding or repairing your home, special exemptions and support is available.

Exempt development

You can do some minor building works in NSW without needing approval. Exempt development is low impact development that can be done for certain residential, commercial and industrial developments.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 sets out the standards that each type of development must meet to be exempt. It also includes the general requirements that apply to all exempt development (Part 1 of the State Policy). If your development meets these criteria, you can proceed without approval from Council. We recommend that you keep a copy of the State Policy for your records.

Schedule 2 of the Eurobodalla Local Environmental Plan 2012 also sets out exempt development that can be done without approval.

For development types that do not need approval, refer to 'exempt development' on the NSW Planning Portal or in the State Policy.

Complying development

Complying development is a form of planning and building approval issued by Council or a registered certifier. The approval is issued in the form of a Complying Development Certificate (CDC).

This certificate combines approval for use of the land and the building construction works. In other words, it combines the functions of a DA and CC. It is a simpler and quicker approval process than submitting a DA.

• A CDC can only be issued if the proposed development complies with the specific requirements and criteria, as outlined in the Codes SEPP.
• Your development also needs to comply with the:
  • Building Code of Australia (BCA)
    and
  • Environmental Planning & Assessment Act 1979.
• You may also need prior approval for your development.

Council or a private registered certifier can issue a CDC.

You must obtain a CDC before you start any demolition, excavation or building work or other development.

More information

• Eurobodalla Shire Council: Complying development
• NSW Planning Portal: Complying development
• NSW Planning Portal: Exempt development
• Department of Planning and Environment: Understanding exempt development
• Department of Planning and Environment: Understanding complying development

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