Often not. Most internal commercial fitouts in NSW are exempt development and need no approval at all. The job moves up to complying development or a development application when something changes about the use, the frontage, the building class or the heritage status. Here is how the three paths work and what pushes a fitout from one to the next.
1. Exempt development — no approval
Under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, internal alterations to a commercial building are exempt when they are non-structural, do not change the use, do not affect fire safety systems and do not touch a heritage item. That covers most office refreshes, like-for-like shop fitouts and partition changes.
- Time: none. Start when the lease starts.
- Cost: certification of fire and electrical work only — allow 1.5% of construction.
- Still needed: the landlord's fitout approval, a fire-services certificate for any sprinkler or detection changes, and electrical compliance.
2. Complying development (CDC) — private certifier, 2–4 weeks
A private certifier can approve a wider range of work without council: a new shopfront, a change of use between compatible commercial uses (shop to office, office to shop, cafe to cafe), food premises fitouts, and internal work in a heritage conservation area that does not touch the exterior. The certifier checks the proposal against the Codes SEPP and issues a Complying Development Certificate.
- Time: 2–4 weeks once drawings are complete.
- Cost: certifier fees, drawings and reports — allow 3% of construction.
- Triggers: change of use, new shopfront, food premises, mechanical exhaust, premium jobs with structural or facade work.
3. Development application (DA) — council, 8–16 weeks or longer
A DA is needed when the Codes SEPP does not cover the work: heritage items, changes of use with parking or traffic implications (medical centres, gyms, childcare), new restaurants with extended hours or outdoor dining, and anything a local environmental plan specifically prohibits from complying development. Council assesses against its LEP and DCP and may impose conditions on hours, noise, deliveries and parking.
- Time: 8–16 weeks for a straightforward DA; 4–8 months for childcare or a contested change of use.
- Cost: council fees, plans, statement of environmental effects and specialist reports — allow 6% of construction, more for childcare.
- After the DA: a Construction Certificate is still needed before work starts, and an Occupation Certificate before trading.
Which path is my fitout on?
| Situation | Usual path |
|---|---|
| Office refresh, same use, no structural work | Exempt |
| Shop replacing a shop, existing shopfront kept | Exempt |
| New shopfront or signage | CDC (DA in a heritage strip) |
| Shop becoming an office, or office becoming a shop | CDC |
| Cafe replacing a cafe | CDC + food-premises registration |
| Shop becoming a cafe or restaurant | CDC or DA depending on council and hours |
| Anything becoming a medical centre | DA (parking) |
| Anything becoming a childcare centre | DA + Department of Education service approval |
| Heritage-listed building, external work | DA |
Approvals that run alongside the building approval
- Sydney Water trade waste for any commercial kitchen (grease arrestor).
- Council food-premises registration before a food business trades.
- Liquor licence through Liquor & Gaming NSW.
- Landlord approval — every centre and most office buildings have a fitout guide and a design approval step.
- Fire safety — a fire-services certificate for any change to sprinklers, detection or exits.
The calculator picks the likely path from your answers and prices the approvals line accordingly. A fixed-price quote confirms it against the actual zoning and building.