Before you initiate any type of residential construction in NSW, you need to file a request for a Development Application (DA) with your local council and obtain a construction certificate.
The following steps capture the DA residential building approval process in NSW. To file your DA and obtain your construction certificate, you’ll need a BASIX certificate.
To eliminate delays and complexities in your project design, hire professional building consultants for NABERS Rating and BASIX assessment.
Pre-DA Planning Stage
In the Pre-DA phase, you need to consider two factors- the land zoning and exemptions and complying developments.
Land zoning determines what is permissible to construct on a piece of land. For example, a piece of land designated as R1 Zone can only have general residential constructions. You cannot construct commercial buildings on the R1 Land zone.
For every council, you’ll find the land zoning details and related information in their respective LEP (Local Environmental Plan) Land Zoning maps or on the online portal (planningportal.nsw.gov.au).
Irrespective of the type of residential development you design, you’ll need a BASIX certificate in every phase. Constructions pertaining to the category of exemptions and complying developments do not require lodging a DA. Such constructions include-
Garden sheds
Fences
Carports
Decks, etc.
Generally, complying development is defined as a combined design and construction approval for simple, straightforward developments. These constructions can apply to homes, industries and businesses.
To determine a complying development, you need to request a fast-track assessment either by a council or private certifier.
Organising Your DA Requirements
Before designing the plans for your residential project proposal, you need to investigate the following parameters:
The landscape and vistas surrounding your project site (Covers an essential component of BASIX certificate)
Land contamination
Heritage/conservation areas near your development
Flood prone areas
Approval requirements from other government organisations(i.e. RMS, NSW Office of Water)
Energy rating proposal (NABERS Ratings)
All of these investigative factors can impact your project design proposal. To understand the requirements for your residential development, you should consider the following documents:
Local council Development Control Plans (DCPs)
Relevant State Environmental Planning Policy (SEPP)
Local council Local Environmental Plans (LEP)
Relevant Regional Environmental Planning Policies (REPP)
Previous applications, BASIX certificate and approvals for the site and immediate neighbours
Land title details/particulars
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Preparing For Your DA Application
After completing all your necessary planning and organisation, it is now time to prepare your DA proposal for lodgement. During this phase, ensure that all the necessary documentation is completed and your project design complies with the required standards to get your DA approved as smoothly and quickly as possible.
Most local councils provide a DA Lodgement Checklist. You can follow this DA checklist to make sure every relevant documentation is present before lodgement.
Lodging The DA Application
Once all required architectural plans, BASIX certificate and other relevant reports are prepared, your project proposal is ready for lodgement.
The lodgement process also involves correctly filling up the council-specific DA forms. These forms may differ based on the type of proposal.
Verified consent is necessary from the project pr property owner, which includes the following relevant details pertaining to your proposed development
The estimated cost of the construction work:
The total construction expenditure is categorised under three brackets: -
Amounting less than or equal to $100 000 - $150 000 (depending on your council)
Amounting more than $150 000 or less than, equal to $3 million
Amounting greater than $3 million
The cost assessment process depends on the estimated work cost. For project proposals costing over $3 million, a detailed cost report prepared by a quantity surveyor is necessary.
Statement of Environmental Effects
Scaled drawings of your project
Declaration of affiliation - For ensuring no donations would impact the DA application process
Once you’ve completed and submitted the DA application along with the necessary fees, it moves forward for council assessment.
DA Approval Process
Once the council receives your DA request, it takes approximately 21-90 days to make a decision. The timeline may differ depending on the council.
NSW Government has estimated that 90% of DA approvals are determined within the first 40 days of application lodgement.
Once the council has reached a conclusion, you can receive either of the results:
Application approval
Refusal of the Application refusal/rejection
Defer the application decision and request submission of amended plans or additional relevant details.
Once your DA proposal is approved, you’ll receive a Construction Certificate (CC) from your local council or a private certifier prior. Once you’ve obtained your construction certificate, you can actually start constructing your project.