What you need to know about Demolition Complying Development

A guide to provide you with what you need to know about demolition complying development in Sydney and NSW.

The complying development process refers to a streamlined planning and building approval pathway available in most parts of Sydney and New South Wales. It aims to expedite the approval process for straightforward development projects that meet specific predetermined standards and criteria. The process is designed to provide a quicker and more efficient alternative to the traditional development application process.

This complying development guide will help demystify and guide you through the complying development legislation and rules.

The complying development process

Althought it is a streamlined building approval process, the complying development approval process from start to finish can still be confusing at times.

Here is a quick step-by-step guide to help you understand it all.

A breakdown of the complying development process, from start to finish

 

Working out whether complying development is possible

There are plenty of reasons why a complying development approval is not allowed on your lot of land. Below is a list of the most common problems that will prevent your complying development approval in Sydney:

• Heritage and heritage conservation – if the land is located in a heritage area or heritage conservation area

 

Want to learn more? Here is a NSW government guide to provide additional complying development certificate  information →

 

The complying development design requirements

When using the complying development building approval pathway, you must comply with all the applicable rules and clauses. If you do not comply with a particular clause, complying development is not possible.

For a demolition complying development approval, you should be reviewing the clauses listed below and ensure the architectural plans and all other documentation address and comply with the following clauses:

• Demolition – clauses 7.1 & 7.2

 

The information you need on architectural plans

The following is a general guide that outlines the information that should be detailed within the complying development certificate architectural plans. All plans must be specific to the subject building, cover the entire scope of the building work and should include:

 

Demolition Site Plan

• A title block that includes the project address, lot details, drawing revisions and numbers
• A key for abbreviations, colouring and hatchings and a north point
• Existing vegetation and buildings on the site
• Identification of the proposed building/s to be demolished
• Setbacks and boundaries
• Lot size
• Lot dimensions
• Sediment control details
• Confirmation that all demolition work will be carried out in accordance with AS 2601—2001
• Confirmation that any essential service must be disconnected from the structure being demolished or removed in accordance with the requirements of the relevant authority

 

Explanations about the other documentation needed

 

Section 10.7 Planning Certificate

A Section 10.7 Planning Certificate is a legal document that confirms the zoning and applicable rules for the development of your property. You can purchase a planning certificate from your local council website.

Certificate of Title

A certificate of title confirms the official ownership of land. It also confirms if any easements and positive covenants are present on the lot. You can purchase the certificate of title from any of these documentation brokers.

88B Instrument

If the certificate of title confirms either an easement or positive covenant is present on the lot, a 88B instrument and deposited plan must be purchased to provide further details about the easement and/or positive covenant. You can purchase the 88B instrument from any of these documentation brokers.

Deposited Plan

If the certificate of title confirms either an easement or positive covenant is present on the lot, a deposited plan must be purchased to provide further details about the easement and/or positive covenant. You can purchase a deposited plan from any of these documentation brokers.

Waste management plan

A waste management plan identifying all waste (including excavation, demolition and construction waste material) that will be generated by the work on the site. The plan must also confirm the amount of waste being recycled and reused. If the existing building includes asbestos materials, the waste management plan must also address how the asbestos will be safely removed and compliant.

 

Asbestos license

Only required if the existing building contains asbestos.

 

Engineering Plans and Documentation

Only if the proposed building to be demolished is within 900mm of a boundary with an adjoining lot. A professional engineer’s report must be provided with an application for a complying development certificate, confirming the engineering support methods.

 

Adjoining wall dilapidation report

Only if a building to be demolished is within 900mm of a boundary, and there is a wall (the adjoining wall) on the lot adjoining that boundary that is less than 900mm from that boundary.

We hope you like this guidance.

– Darook Private Certifiers Team