Complying Development for New Houses & Granny Flats
A new single dwelling house on a standard lot, or a secondary dwelling - a granny flat - can frequently be approved as complying development rather than through a full Development Application, provided the lot and the design satisfy every criterion in the Codes SEPP in full: minimum lot size, maximum floor area, height, setbacks and landscaped area among them. Where it is available, this pathway is two to three weeks instead of two to three months. Where it is not, we tell you before you pay for drawings.
Free consultation
- 2–3 weeks where the lot and design qualify
- From $2,400 + GST plus certifier and BASIX fees
- Quoted fixed after a free scope check
Two different projects, one fast-track pathway
A brand-new dwelling house on a standard residential lot, and a secondary dwelling - commonly called a granny flat - built behind or attached to an existing house, are two of the most common projects certified as complying development in NSW. Both sit under the Codes SEPP, and both live or die on the same thing: every applicable design criterion being met, not most of them.
What tends to disqualify an otherwise straightforward project
Heritage listing or a heritage conservation area. Bushfire-prone land, in many cases. Land affected by flooding or a stormwater easement running through the building envelope. A lot narrower or smaller than the applicable minimum. Exceeding site coverage once a granny flat is added to an existing house that is already built close to its own limit - this last one is the most common trap for owners adding a secondary dwelling to a house built years before current controls applied.
BASIX and thermal performance
New dwellings and most secondary dwellings need a BASIX certificate addressing water and thermal performance, and NatHERS modelling is often required to demonstrate the thermal target is met. This has to be designed in from the start - it cannot be bolted on to finished drawings without revisiting materials, glazing and orientation.
How it works
Lot eligibility check
24–48 hours
Zone, minimum lot size, any overlay (heritage, bushfire, flood) and whether the site is otherwise eligible at all.
Design criteria check
2–4 days
Height, setbacks, floor area, site coverage, landscaped area and private open space tested against the specific proposal.
Package preparation
1–2 weeks
Drawings, BASIX certificate and supporting documentation prepared to certifier standard.
Certification
2–3 weeks
Lodged with council or an accredited certifier and managed through to issue.
What we take off your hands
What EHUP handles
- Confirming your lot meets the minimum area and other criteria for a secondary dwelling or new house CDC
- A full check against every applicable Codes SEPP criterion, not just the obvious ones
- BASIX and, where required, NatHERS thermal modelling
- Preparing the certificate package to certifier standard
- Managing the certifier or council through to issue
What you don't have to deal with
- Commissioning a design that cannot be certified and re-drawing it as a DA
- Finding out about a landscaped-area or site-coverage shortfall after drawings are finished
Frequently asked questions
What size lot do I need for a granny flat?
There is a minimum lot area for a secondary dwelling to qualify as complying development, and it varies with the zone and, in some councils, the specific LEP. Frontage and shape matter too - an oddly shaped or narrow lot of sufficient area can still fail the setback or landscaped-area criteria. We check the actual lot, not a rule of thumb.
Can a granny flat be sold separately from the main house?
No. A secondary dwelling on the same lot as a principal dwelling cannot be subdivided off and sold or strata-titled separately in the ordinary case - it can be rented, but it remains one title with the main house. Torrens title subdivision of the underlying land is a distinct question governed by separate controls.
Is a new house on a vacant lot always eligible for CDC?
Often, but not always. Heritage listing, a heritage conservation area, bushfire-prone land, flood-affected land, and lots below the minimum size for the zone all commonly take a new dwelling out of the complying development pathway and into a DA. We confirm this before any design work starts.
What happens if my design fails one criterion?
The complying development pathway has no discretion for a partial breach - one failed criterion takes the whole application out of CDC and into a DA, which then argues the point on its merits. It is far cheaper to find this out at the design-check stage than after a certifier has reviewed a completed package.
Related services
Complying Development (CDC)
A Complying Development Certificate is the fast-track approval pathway.
Residential Council Approval
Most residential developments do not need a full Development Application.
CDC - Dual Occupancy
Dual occupancies - two dwellings on one lot, attached or detached - were traditionally assessed as a Development Application in most council areas.
Why clients choose EHUP
- 10+
- 250+
- 14
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.