Complying Development vs. Development Application: Understanding the Differences

The key difference between complying development and a development application lies in the complexity and approval process for each type of project. Over recent years, complying development has evolved to cover more complex applications, such as two-storey dwellings and attached developments.

Complying Development

  • Definition: A complying development refers to a type of development that adheres to the standards set by the local government or council. It complies with specific criteria outlined in planning laws, such as zoning, site dimensions, height limits, side setbacks, and other building standards. This makes the approval process simpler and more accessible.
  • Approval Process: Complying development can be approved by a private certifier, meaning it doesn’t require full approval from the local council (though the council and neighbours are notified). This streamlined process ensures faster approval and guarantees compliance with all regulations. Importantly, complying development does not allow for any variations to the standards under which it is assessed. The application is lodged and managed via the NSW Planning Portal.
  • Examples: Dwelling houses, home extensions, home renovations, attached dwellings, pools, carports, bush fire attack level (BAL 29 and below) and or criteria set out in planning legislation.
  • Timeframe: The approval process for complying development is typically quicker, often taking around 20 days, depending on the specifics of the project and local regulations.
Complying Development
Development Application (DA)

Development Application (DA)

  • Definition: A development application is required for more complex or larger projects that may not strictly comply with local development standards or when the project could significantly impact the surrounding area. This type of development requires a more detailed assessment by the local council or other relevant authorities and often necessitates comprehensive consultant engagement.
  • Approval Process: A development application must be lodged with the local council and undergo a more rigorous process. This includes public notification, council assessment, and, in some cases, further consultation. Additional documents, such as environmental impact assessments, may also be required. The application is lodged and managed via the NSW Planning Portal.
  • Examples: Dwelling houses, home extensions, home renovations, multi-storey buildings, subdivisions, BAL 29 and above, and or developments that don’t fully comply with local zoning requirements.
  • Timeframe: The approval process for a development application takes longer, typically ranging from 10 weeks to several months, or even years, depending on the complexity of the project, council procedures, and public consultation. The timeframe can also be heavily influenced by other factors such as staffing levels, experience, and leadership within the local council team.

Key Differences:

  1. Complexity: Complying development follows a simpler, predefined set of standards, while a development application requires a detailed and flexible assessment.
  2. Approval Authority: Complying development can be approved by a private certifier, whereas a development application must go through a local council or another relevant authority.
  3. Time and Cost: Complying development is generally quicker and more affordable, while a development application typically involves a longer and more costly process, with additional documentation and assessments required.
Key Differences - Complexity. Approval Authority, Time and Cost

In summary, complying development is a simpler, faster process for straightforward projects that meet local planning laws, whereas a development application is required for more complex projects or those that don’t fully comply with local regulations.

Regardless of the planning pathway, it is essential that both the building designer and builder collaborate closely. Their collaboration ensures that all details and conditions are addressed, compliance matters are acknowledged, worked through, and resolved—ultimately ensuring that the finished product is ready for occupation.

Happy Dwelling
Shire renovator

Want to speak to the author? Phone (02) 9525 5588 and ask for Matthew.

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