Complying Development

Complying development is a form of development that is minor in nature and requires the certification of either Council or a private certifier. Where compliance is not achieved, development is no longer 'Complying development' and development consent is required.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 ('the Codes SEPP') has state-wide application and commenced 27 February 2009. This new Codes SEPP contains exempt development types and complying development types for certain types of development.

Is your proposal Complying Development?

Council has provided Complying Development guidelines for non residential development to help you identify if your development is likely to meet the requirements for Complying Development for non residential development.

Note: It should also be noted that a number of other complying development types are contained under separate SEPPs such as State Environmental Planning Policy (Infrastructure) 2007. If you are unsure if your development is 'Complying', please contact AlburyCity's Planning & Environment department on 6023 8111.

Complying Development Guidelines

Bush Fire or Flood Prone Land

Principal Certifying Authority

Council or an accredited Private Certifiers can grant Complying Development Certificates. This involves the relevant body's appointment as the Principal Certifying Authority (PCA) who is then responsible for monitoring the building works at specific times during construction and issuing the Occupancy Certificate on the completion of works.

How do I apply for a Complying Development Certificate?

An application for a Complying Development Certificate must include:

  • Application Form
  • Three (3) copies of A4 or A3 size Plans (drawn to scale) are required (Larger plans may be requested). The plans should include:
  • Locality Plan
  • Site Plan indicating all levels, existing structures and vegetation
  • Plans or drawings of the proposal showing elevations and sections
  • Preliminary engineering drawings (subdivision work).
  • Scaled plan of the existing buildings (for building alterations
  • A specification sufficient to detail the materials to be used to construct the building. A guide for preparing plans.
  • Three (3) copies of other relevant documents (soil test, engineers computations/specifications, wind rating)
  • Three (3) copies of a BASIX Certificate (for new residential work only). Full payment of fees (this may include the collection of the Building & Construction Industry Long Service Levy)

Approval time is dependent on

  • The completeness of the application
  • Appropriate access to the particular premises for inspection
  • The compliance with the relevant legislation, Council codes and policies at that time

We will contact you if

  • Further information is required
  • The development does not meet the conditions of Complying Development
  • Your proposal is being recommended for refusal

Water and sewer development requirements for Complying Development Certificates  

Council has the power under Section 64 of the Local Government Act 1993 to apply Developer Charges on development. Section 64 contributions are up-front charges levied to recover part of the infrastructure costs incurred in servicing new developments or additions/changes to existing developments and are required from developers under Section 64 of Local Government Act 1993 and Section 306 of Division 5 of Part 2 of Chapter 6 of the Water Management Act 2000.

Certification of New Development by Private Certifiers

Where works are privately certified, it is the private certifier’s responsibility to obtain the water and sewer supply authority conditions and/or approval prior to certifying a development as being suitable for construction.

Section 64 Contributions

Section 64 of the Local Government Act 1993 allows contributions to be levied towards the provision of water and sewerage infrastructure. Council has a Development Servicing Plan contained within AlburyCity’s Infrastructure Contributions Plan 2014 which identifies the current and future capital infrastructure to service the water supply and sewer areas of Council. The Development Servicing Plan enables Council to levy contributions where the anticipated development will or is likely to increase the demand for water or sewer supply services. Generally, additional capacity is required in these supply systems to accommodate the increased demands, and the contributions levied by Council will provide for that capacity.

From 1 January 2017 all Complying Development requires a Section 307 Certificate of Compliance to be obtained prior to a Complying Development Certificate being issued.

The Process for obtaining a Section 307 Certificate of Compliance of the Water Management Act 2000:

  1. Prior to issuing a Complying Development Certificate, the Accredited Certifier is to lodge an application with AlburyCity under Section 305 of the Water Management Act 2000 (along with site and floor plans)  for a Section 307 Certificate of Compliance for development carried out, or proposed to be carried out, within the area serviced by AlburyCity. An invoice will be issued for the application fee.
  2. Upon receipt of an application for a Section 307 Certificate, it will be referred to Council’s Contributions Planner for consideration of any relevant Water and Sewer Contributions and/or works required under the AlburyCity Infrastructure Contributions Plan 2014.
  3. The proposed development will be assessed against any potential demand identified for the proposed development type in the NSW Water Directorate Section 64 Determinations of Equivalent Tenements Guidelines 2009. This assessment is to clearly identify and appropriately detail any relevant contributions and/or works required. They will be clearly identified and detailed to enable a Section 306 letter to be provided by Council outlining any required works and/or contributions as a result of the development, prior to the issue of the Section 307 Certificate of Compliance.
  4. Should no required works and/or contributions be identified, then Council can issue a Section 307 Certificate of Compliance in lieu of a Section 306 Letter.
  5. Should Council issue a Section 306 Letter outlining works and/or contributions required, then evidence of compliance with the requirements of the Section 306 Letter is to be supplied to Council prior to the issuing of a Section 307 Certificate of Compliance.

Related forms/guidelines

Related Pages