Who decides
Not the demolition contractor. In NSW the approval for demolition is issued either by an accredited certifier (for complying development) or by council (for a development application). The contractor's job is to establish the likely pathway early, supply the demolition details the approval needs, and then follow its conditions to the letter.
The two main pathways
Complying development certificate (CDC)
The NSW State Environmental Planning Policy (Exempt and Development Codes) sets out standards under which some development can be approved without a full merit assessment. Demolition of many dwellings can be approved this way.
Typically quicker. Issued by an accredited certifier or council. The proposal has to meet the standards — if it does not, the CDC route is not available.
Development application (DA)
Council assesses the proposal against its local environmental plan and development control plan. Neighbours may be notified and can make submissions. Conditions are attached to the consent.
Slower and less predictable, but the only option where complying development is excluded.
What pushes a demolition to a DA
- Heritage items. Listed properties are generally excluded from complying development.
- Heritage conservation areas. Demolition in these areas commonly requires a DA. Much of the Inner West, Woollahra, parts of Waverley, Ku-ring-gai, and pockets of Parramatta, Hornsby and the lower North Shore are affected.
- Site-specific constraints. Some flood, bushfire, environmental or other overlays can remove the complying development option or add requirements.
- Scale and complexity. Proposals that do not fit the standards.
Your property's planning certificate (formerly a section 10.7 certificate) sets out many of these controls, and a certifier can tell you which pathway applies.
Conditions you will see
Whichever pathway, approvals commonly include conditions about:
- Neighbour notification before work starts.
- Hours of work.
- Dust, noise and erosion and sediment controls.
- Asbestos — survey and licensed removal before demolition.
- Waste — sorting, recycling and disposal records.
- Dilapidation reports for neighbouring structures.
- Tree protection for retained trees.
- Traffic and footpath — permits for work zones, hoarding and skip bins on public land.
Trees
Sydney councils each regulate tree removal, usually through their development control plan, with different size thresholds and species rules. A tree may be approved for removal as part of the development, may require a separate permit, or may have to be retained and protected. Removing a tree without approval can bring significant penalties.
Council by council
Each location page notes the relevant council — for example Parramatta, the Eastern Suburbs, the Hills District and Hornsby, where heritage and tree controls are a bigger part of the conversation. The guide to CDC versus DA for Sydney demolitions goes further.
General information only
Planning rules change and depend on the specific property. Confirm the pathway for your site with a certifier or your council before relying on anything here.
Call 02 5943 7968 or send the job details through.
Questions people ask before they commit
Can I demolish a house without council approval in Sydney?
Generally no — demolishing a dwelling needs an approval of some kind. Many can be approved as complying development by an accredited certifier under the NSW Codes SEPP rather than through a council development application. Some small structures may be exempt development if they meet specific conditions.
What is the difference between a CDC and a DA?
A complying development certificate is a fast-track approval issued by an accredited certifier or council where a proposal meets predetermined standards. A development application is assessed on its merits by council against its planning controls, usually takes longer, and may involve neighbour notification and conditions.
Can I use a CDC for demolition in a heritage conservation area?
Often not. Complying development is generally unavailable for heritage items and is restricted in heritage conservation areas, so demolition there commonly needs a development application. The exact position depends on the planning controls for your property — check its planning certificate or ask a certifier.
How long does demolition approval take?
A complying development certificate can be issued relatively quickly once the paperwork is complete. A development application depends on the council, the complexity of the proposal and whether objections are received, and can take several months. Build that into your timeline.
Do you get the approval for me?
The contractor can advise on the likely pathway and provide the demolition information a certifier or council needs. The approval itself is issued by an accredited certifier or by council. Nobody can guarantee the outcome, and you should be wary of anyone who promises one.