Complying Development Certificate NSW - Subdivision & Strata
A Complying Development Certificate (CDC) is a fast-track planning approval pathway available for certain developments in NSW. For subdivision and strata projects, a CDC can be used as an alternative to a Development Approval (DA), provided the development complies with the relevant planning code.
Southwell Certifiers acts as the independent certifier for both the Subdivision or Strata CDC and the final Subdivision or Strata Certificate, meaning you only need one certifier for both approvals on the CDC pathway.
What is a Subdivision or Strata CDC?
A Subdivision or Strata CDC is issued under the Environmental Planning and Assessment Act 1979 and authorises the creation of Torrens title lots or a strata scheme where the development complies with the applicable planning code.
It is important to understand the distinction between two separate CDCs involved in most projects:
Building CDC – approves the construction of the building (duplex, townhouse, apartment). This is typically issued by a building certifier, not a subdivision certifier.
Subdivision or Strata CDC – approves the creation of separate lots or a strata scheme once the building approval is in place. This is issued by Southwell Certifiers.
The subdivision or strata CDC can only be issued once the Building CDC is in place and the development has been confirmed to comply with the relevant planning code requirements for subdivision or strata.
Relevant planning codes include:
- Low Rise Housing Diversity Code (LRHDC) – for duplexes and dual occupancy
- SEPP (Housing) 2021 – for townhouses and low-rise housing
- Other applicable State Environmental Planning Policies (SEPPs)
If your development does not meet the requirements of a relevant planning code, a Development Approval pathway with a Subdivision Works Certificate may be required instead.
The CDC Pathway - Step by Step
Southwell Certifiers handles Steps 2 and 4, one certifier for both approvals on the CDC pathway.
Step 1 - Building CDC
A building certifier issues the Building CDC, approving the construction of the development. This step is handled by a building certifier – not Southwell Certifiers.
Step 2 — Subdivision or Strata CDC (Southwell Certifiers)
Once the Building CDC is in place, Southwell Certifiers reviews the required documentation against the relevant planning code. If the development complies and all documents are in order, the Subdivision or Strata CDC is issued. This authorises the creation of separate lots or a strata scheme.
Step 3 — Construction
The development is constructed in accordance with the approved Building CDC drawings and any conditions of the Subdivision or Strata CDC.
Step 4 — Subdivision or Strata Certificate (Southwell Certifiers)
Once construction is complete, the applicant submits the required compliance documentation to Southwell Certifiers. Once reviewed and all conditions are satisfied, Southwell Certifiers issues the Subdivision or Strata Certificate. This is the final approval before the plan can be lodged with NSW Land Registry Services for registration.
Who is the CDC Pathway For?
The CDC subdivision and strata pathway is available for a range of development types, provided they comply with the relevant planning code:
- Duplex and dual occupancy developments under the Low Rise Housing Diversity Code – the most common CDC subdivision project type
- Townhouses and manor houses under SEPP (Housing) 2021
- Residential flat buildings and low-rise apartment developments
- Industrial subdivisions where the development complies with the applicable code
- Commercial and mixed-use developments meeting relevant code requirements
If you are unsure whether your development qualifies for the CDC pathway, contact Southwell Certifiers for a site-specific eligibility assessment.
Duplex & Multi dwelling housing (terraces)
Torrens title & Strata Subdivision of duplex and multi dwelling devleopments where Building CDC approval has been issued.
Industrial Developments
Strata Subdivision of industrial devleopments where Building CDC approval or DA approval has been issued.
Townhouses and Apartments
Strata Subdivision of townhouses and apartments where Building approval via Development Application.
Commercial & mixed used developments
Strata Subdivision of mixed use and industrial developmentswhere Building approval via Development Application.
What we assess
To issue a Subdivision or Strata CDC, Southwell Certifiers reviews:
- Compliance with the relevant planning code (LRHDC, SEPP Housing 2021, or applicable SEPP)
- Zoning and land use permissibility under the applicable LEP
- Lot size, width, and dimension requirements
- Consistency with the approved Building CDC and architectural plans
- Approved stormwater plans and drainage provisions
- Draft subdivision or strata plan, administration sheet, and 88B instrument (where required)
- Housing Productivity Contribution (HPC) compliance where applicable
Compliance with regulations
Zoning & Land use Permissibility
Lot size and widths
Building CDC and Approved plans
Approved Stormwater Plans
Subdivision or Strata Plan
What we need from you
To assess and issue a Subdivision or Strata CDC, the following documentation is typically required:
- Completed application form and owner’s consent
- NSW Planning Portal application
- Section 10.7 Certificate
- Approved Building CDC including stamped architectural and stormwater plans
- Draft subdivision or strata plan, administration sheet, and 88B instrument (if required)
- Evidence of Housing Productivity Contribution (HPC)
We will review your documentation and advise if anything further is required before issuing the certificate.
Why Southwell Certifiers?
Southwell Certifiers has experence in issuing hundreds of Subdivision and Strata CDCs for dual occupancy and low-rise housing developments across NSW.
On a CDC project, Southwell Certifiers acts as the independent certifier for both the Subdivision or Strata CDC and the subsequent Subdivision or Strata Certificate. You do not need two separate certifiers, one certifier reviews your documentation and issues both approvals, independently and impartially.
Dean Dehghan-Khalaji is a Chartered Professional Engineer (CPEng) and NSW Registered Certifier (BDC 05320) with close to 20 years of Civil engineering and Certification experience across all NSW Councils.
- Registered Certifier: BDC 05320
- Chartered Professional Engineer: CPEng, NER listed
- AAC member: Association of Australian Certifiers
- End-to-end service: CDC to Subdivision or Strata Certificate – one certifier throughout
FAQ Section
What is the difference between a building CDC and a subdivision CDC?
A Building CDC approves the construction of the building, the physical structure. It is issued by a Building Certifier. A Subdivision or Strata CDC approves the creation of separate lots or a strata scheme. It is issued by a Subdivision Certifier such as Southwell Certifiers. Both are typically required for a duplex or townhouse subdivision project – the Building CDC first, then the Subdivision or Strata CDC once the building approval is in place.
Can I subdivide a duplex without a DA in NSW?
Yes, if the development complies with the Low Rise Housing Diversity Code (LRHDC) or another applicable planning code, the CDC pathway can be used instead of a Development Approval. This is the most common approach for duplex and dual occupancy subdivisions in NSW. Where the development does not comply with a relevant code, a DA is required and the Subdivision Works Certificate pathway applies.
What planning codes apply to CDC subdivision in NSW?
The most common codes for residential CDC Subdivision are the Low Rise Housing Diversity Code (LRHDC) for duplexes and dual occupancy, and SEPP (Housing) 2021 for townhouses, manor houses, and low-rise apartments. The applicable code depends on the development type, zone, and local LEP. Southwell Certifiers can confirm eligibility based on your specific site and proposed development.
Do I need a separate certifier for my building CDC and my subdivision CDC?
Yes. Building CDCs are issued by Building Certifiers. Subdivision and Strata CDCs are issued by Subdivision Certifiers. These are separate roles under NSW legislation. Southwell Certifiers acts as the independent certifier for the subdivision and strata approvals , Steps 2 and 4 of the CDC pathway. Your builder or architect will typically engage a Building Certifier for the Building CDC.
How long does the CDC subdivision process take?
The Subdivision or Strata CDC can typically be issued within 1 – 2 business days of receiving a complete documentation package, provided the development clearly complies with the relevant planning code. The Subdivision or Strata Certificate at the end of construction follows a similar timeframe once all compliance documentation is in order. Overall project duration depends on construction time and documentation readiness.
What happens after the CDC is issued?
After the Subdivision or Strata CDC is issued, construction of the development proceeds under the Building CDC. Once construction is complete and all conditions have been satisfied, Southwell Certifiers issues the Subdivision or Strata Certificate, which allows the plan to be lodged with NSW Land Registry Services for registration. Title is created and the lots can then be sold or transferred separately.
Ready to proceed with your CDC subdivision?
Contact Southwell Certifiers to confirm CDC eligibility and receive a no-obligation fee proposal. Call (02) 8734 5676, email admin@southwellcert.com.au, or request a fee proposal online.