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[UberOwner]

One of the owners in our building wants to renovate his apartment.  He will be removing an internal wall and renovating the kitchen and bathrooms.  He has sent plans around to the Committee to look at along with a draft by-law and a structural engineer’s certificate that says the structural work is ok.  He’s also sent other required information about trades, licenses, warranties etc.  He will be changing an external window to a door.

The Committee is satisfied that all is in order and is inclined to encourage him to take this to a vote at a general meeting of the OC.

The Owner has told us that he has to submit all these plans to Council.  This is not a DA, but is instead a council notification process of some kind (so subject to less scrutiny than a DA).  He has engaged a private certifier to help him through this process.

This is NSW and the owner said that this is now required in NSW because he is re-waterproofing bathrooms and removing a wall.  My question is – why is this required?  He has produced everything the OC needs to demonstrate that he is using licensed trades, has warranties and insurance in place and a structural engineer has checked that he’s not about to bring the ceiling down by removing a wall.  Why does Council also need to look this over?

I’m asking because surely this affects every renovation in NSW and it adds to the cost of renovations (he’s spending $5K on his private certifier plus whatever Council will charge in fees to look over his documents and keep them on file).

Can anyone point me to where the legislation or the state government guidelines say that this is required?  I’m a bit worried that he’s been talked into this by a private certifier and it’s actually not required.

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[Jimmy-T]

It sounds like this is a “complying development” and here’s what the NSW government says about those:

Internal alterations

Some internal alterations to existing dwellings and ancillary development may be carried as complying development. This includes:

• new openings
• doors and
• changes to the internal floor layout.

To be complying development, internal alterations must not result in any of the following:

• a change in the building classification under the Building Code of Australia (BCA)
• an additional separate dwelling
• the creation of an additional floor within a dwelling
• the erection or conversion of a basement for residential uses.

Please refer to these provisions in the State Policy for a full list of development standards relating to internal alterations as complying development.

Okay, so what exactly is a complying development? This is what the NSW Planning website says:

Complying development is a fast-tracked application process that combines planning and construction approval for straightforward residential, commercial and industrial development. Approvals can be issued in as little as 20 days, or 10 days for the NSW Housing Pattern Book complying development pathway.

These fast-track approvals are determined by council or an accredited certifier without the need for a full development application if the proposal meets specific development standards.

Complying development generally includes larger building works than exempt development. For this reason, ‘sign off’ by a building professional (known as a certifying authority) is needed.

A complying development certificate is not required for building work that is exempt development, or subject to a construction certificate. For more information on this type of development, visit our Exempt Development section.

And what is Exempt Development?

Exempt development does not need planning or construction approval from a council or private certifier. It includes some minor building renovations and low impact works.

Exempt development can be done for certain residential, commercial and industrial properties including decks, gardens sheds, carports, fences, window repairs and house painting.

So, to answer your question, your neighbour is probably applying for an complying development which is a  fast-track approval that only requires the authorisation of a qualified and registered professional.

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[UberOwner]

Thanks Jimmy, you’re right. I’ve investigated further and it’s a complying development because of the change of window to door.

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