New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 85

85 What is a “complying development certificate”?

(1) Terms of complying development certificate A complying development certificate is a certificate:

(a) that states that particular proposed development is complying development and (if carried out as specified in the certificate) will comply with all development standards applicable to the development and with other requirements prescribed by the regulations concerning the issue of a complying development certificate, and

(b) in the case of development involving the erection of a building, that identifies the classification of the building in accordance with the Building Code of Australia .

(2) A complying development certificate may indicate different classifications for different parts of the same building.

Note: To the extent to which it deals with the classification of a proposed building, a complying development certificate under this Division replaces the statement of classification formerly issued under the regulations under the Local Government Act 1993 .

(3) Erection of buildings A complying development certificate that enables the erection of a building is sufficient to authorise the use of the building when erected for the purpose for which it was erected if that purpose is specified in the application for the complying development certificate, subject to section 109M.

Note: Section 109M prohibits the occupation or use of a new building unless an occupation certificate has been issued for the building.

(4) Subdivision of land A complying development certificate that enables the subdivision of land may authorise the carrying out of any physical activity in, on, under or over land in connection with the subdivision, including the construction of roads and stormwater drainage systems.

Note: A plan of subdivision cannot be registered under the Conveyancing Act 1919 unless a subdivision certificate has been issued for the subdivision.

(5) Other requirements for complying development certificates The regulations:

(a) may impose other requirements concerning the issue of complying development certificates, and

(b) may provide for the form in which a complying development certificate is to be issued.

(5A) A complying development certificate has no effect to the extent that it requires a compliance certificate to be obtained in respect of any development.

(6) For the purposes of this section, "development standard" includes a provision of a development control plan that would be a development standard, within the meaning of section 4, if the provision were in an environmental planning instrument.