Two different approvals, two different approvers, two very different timelines. A complying development certificate (CDC) is issued by a private certifier in two to four weeks against a fixed set of state rules. A development application (DA) is assessed by council on its merits against the local plan and takes eight to sixteen weeks or longer. Most fitouts need neither; of the ones that need something, most can be a CDC. Here is how to tell.
The difference in one table
| CDC | DA | |
|---|---|---|
| Who approves | A private certifier you appoint | Council (or a planning panel for large jobs) |
| Tested against | The Codes SEPP: fixed, statewide rules | The council's LEP and DCP, on merit |
| Time | 2 to 4 weeks once drawings are complete | 8 to 16 weeks; 4 to 8 months for childcare or a contested use |
| Cost | Certifier, drawings and reports: about 3% of construction | Council fees, plans, statement of environmental effects, specialist reports: about 6%, more for childcare |
| Neighbours | Notified in some cases; cannot object | Notified; can object, and council weighs it |
| Conditions | Standard conditions from the SEPP | Council can condition hours, noise, deliveries, parking |
| After approval | Build, then an occupation certificate from the same certifier | A construction certificate before work starts, then an occupation certificate |
The five triggers that push a fitout from CDC to DA
- The use. A change between compatible commercial uses (shop to office, office to shop, cafe to cafe) can be a CDC. A change to a use with parking or traffic implications, medical centre, childcare, gym, place of worship, is a DA.
- Hours. A restaurant or bar wanting late trading, or a shop in a residential zone wanting early deliveries, is assessed by council because hours are a merit question.
- Heritage. Internal work in a heritage conservation area can be a CDC if it does not touch the exterior. Any work to a heritage item, or external work in a conservation area, is a DA.
- Outdoor dining, signage over the limits, a new shopfront in a heritage strip. Each is a merit question in most councils.
- The LEP says so. Some local plans exclude particular land or uses from complying development. The certifier checks this first; if the land is excluded, it is a DA whatever the work.
What stays the same on both paths
- The landlord's fitout approval, before either application is lodged.
- A fire-services certificate for any change to sprinklers, detection or exits.
- Food-premises registration with council and a Sydney Water trade waste agreement for any commercial kitchen, regardless of the planning path.
- An occupation certificate before you trade.
How to decide quickly
Ask three questions. Is the use changing, and to what? Are the hours or the frontage changing? Is the building or the street heritage-listed? If the answer to all three is no, the job is probably exempt and needs neither. If only the first is yes and the new use is a compatible commercial one, it is a CDC. Anything else, plan for a DA and start it before the lease starts, not after. The full approvals guide has the exempt rules and the table of common situations; change of use has its own page.