Demolition Approval in NSW: CDC vs DA Side by Side

This guide explains how demolition approval generally works across NSW. Planning rules change and every property is different, so confirm the pathway for your property with your council or a registered certifier. Nobody — including a demolition contractor — can promise an approval outcome.

The three pathways at a glance

In NSW, demolition generally falls into one of three categories under the state planning system:

1. Exempt development — minor work that needs no planning approval, provided it meets every condition that applies.
2. Complying development — work that meets pre-set state standards and can be approved with a complying development certificate (CDC).
3. Development requiring consent — work that must be assessed on its merits through a development application (DA) to the council.

	Exempt development	CDC	DA
What it suits	Some small outbuildings and minor structures	Many houses and outbuildings on unconstrained land	Heritage, constrained or complex sites, and anything that fails the CDC standards
Who decides	No approval — you must meet the conditions	Council or a registered certifier	Council (the consent authority)
How it is assessed	Against fixed conditions	Against fixed state standards — it passes or fails	On merit, against planning controls
Neighbour involvement	None	Notification requirements apply	Notification and submissions, depending on council policy
Typical speed	Immediate once conditions are met	Usually faster	Usually slower, and varies with complexity

Pathway 1: exempt development

Exempt development is work of minimal impact that does not need planning approval. The state's exempt development rules allow some small structures, such as certain sheds and outbuildings, to be demolished without approval — but only if every condition that applies is met.

Conditions typically cover matters such as the size and type of structure, heritage status, the location on the lot and how the work is done. Structures containing asbestos bring their own obligations regardless of the planning pathway.

The risk with exempt development is assuming it applies. If one condition is not met, the work is not exempt, and demolishing without approval can lead to penalties and orders. Check with your council if you are unsure.

Pathway 2: complying development certificate (CDC)

Complying development is a combined planning and building approval for straightforward proposals that meet pre-set standards in the state planning rules. The rules include a code for demolition, which covers many houses and outbuildings.

How it works:

• The proposal is assessed against fixed standards. If it meets them all, the certificate can be issued. If it fails one, the CDC pathway is unavailable and a DA is needed.
• It can be issued by the council or by a registered private certifier.
• Demolition under a CDC is generally required to be carried out in accordance with the Australian Standard for the demolition of structures, AS 2601, along with the conditions attached to the certificate.

What commonly takes a property out of complying development:

• The property is a heritage item, or is in a heritage conservation area.
• Environmental, coastal, flood, bushfire or other constraints that exclude the land or require a merit assessment.
• The proposal does not meet a specific standard or condition in the code.

A planning certificate for the property, issued by the council, sets out many of the controls that apply and is the best starting point for working out whether a CDC is possible.

Pathway 3: development application (DA)

A DA is lodged with the council and assessed on its merits against the planning controls that apply to the land — the local environmental plan, development control plan and any relevant state policies.

What a demolition DA commonly involves:

• Plans showing the structures to be demolished.
• A statement of environmental effects.
• A waste management plan.
• A hazardous materials or asbestos survey for older buildings.
• Heritage assessment where the property or area is affected.
• Arborist reports where trees are affected.
• Other reports the council asks for, such as traffic or sediment control.

The council may notify neighbours and invite submissions, refer the application internally or to other agencies, and ask for more information. If approved, the consent comes with conditions that must be met before, during and after the work.

A DA takes longer and is less predictable than a CDC, particularly on heritage sites. Where demolition is part of a new build, the demolition is often included in the DA for the new house.

Applications and the NSW Planning Portal

In NSW, DAs and CDCs are generally lodged through the NSW Planning Portal. The portal also holds useful information on planning controls and, for many properties, links to the mapped constraints that decide which pathway is available.

After approval: what still has to happen

Getting the certificate or consent is not the end of the paperwork.

• Appoint the right people. Depending on the approval, a principal certifier may need to be appointed before work starts.
• Meet pre-commencement conditions. These can include notices to council and neighbours, dilapidation reports on adjoining buildings, site fencing, sediment controls and tree protection.
• Give notice before work begins, as the approval and regulations require.
• Disconnect services — electricity, gas, water and sewer — through the relevant network operators and licensed trades.
• Deal with asbestos first. Asbestos removal is not authorised by any planning approval. It is regulated separately and must be carried out by a licensed asbestos removalist, with clearance before demolition proceeds.
• Keep the records — approval, conditions, waste dockets and clearance certificates — with the property.

Common situations

A standard house on unconstrained land. Often eligible for a CDC. Confirm with a planning certificate and a certifier.

A house in a heritage conservation area. Generally needs a DA, and the outcome may depend on the heritage significance of the building.

A heritage-listed building. Needs development consent, and demolition may be refused.

A shed, garage or carport. Possibly exempt development if every condition is met; otherwise a CDC or DA.

A pool. Removal commonly needs approval; pool barrier obligations continue until the pool can no longer hold water.

Internal strip-out only. May be exempt or may need approval depending on what is removed, the building type and whether structural or fire-safety elements are affected. Check with a certifier.

Trees are a separate approval

An approval to demolish a building does not authorise you to remove trees. Vegetation and tree preservation controls apply across councils and carry substantial penalties. If trees are going, that application runs alongside the demolition one rather than inside it.

Nobody can promise you an approval

A contractor who works in your area can tell you which pathway your job will probably fall into, what your council usually asks for, and how long similar jobs have recently taken. Councils and accredited certifiers make the decision, not the contractor. Anyone promising an approval, or a date for one, is either mistaken or selling.

Sequencing: where people lose weeks

The common error is treating the approval as step one and everything else as consequent. The approval is the longest-lead item, so the rest should run beside it, not after it. A hazardous materials survey and service disconnections both take time and neither waits on the approval.

1. Planning certificate — which pathway applies?
2. Hazardous materials survey if the building is pre-1990.
3. Application lodged, with the waste management plan.
4. Service disconnections started — long lead time, start early.
5. Asbestos removal by a licensed removalist, if required.
6. Demolition.

Run sequentially, a straightforward house can take three months. Run in parallel, the same job can be four to eight weeks from decision to machines on site. Heritage, a DA pathway or a complex asbestos situation extends it.

How to find out which applies to you

1. Order a planning certificate for the property from the council.
2. Check the mapped constraints on the NSW Planning Portal.
3. Speak to a registered certifier or the council, describing exactly what is being demolished.
4. Get an asbestos survey for buildings built or renovated before about 1990 — it is needed whichever pathway applies.

If you're in the Illawarra, we can tell you what your job is likely to need after a site assessment, and quote the demolition once the pathway is clear.

Where to go next

• Council and approvals — how demolition approval works in practice, and who decides.
• House demolition — the work itself, from disconnections to a level block.
• Demolition cost guide — rough bands, and why approvals and asbestos sit outside the machine work.