Most Sydney fitouts are approved through a private certifier in two to four weeks. A DA is needed only where the site is heritage listed or the use is changing, and that route is set by the consent authority rather than the certifier. This page sets out how CDC and DA approvals work, which conditions force you into the slower path, what consultants are required, and the one lease clause that protects a tenant when a site needs a DA.
CDC versus DA at a glance
| CDC | DA | |
|---|---|---|
| Full name | Complying Development Certificate | Development Application |
| Approved by | Private certifier | Council |
| Used when | Fitout meets the standards for complying development | Heritage, change of use that is not exempt, or anything outside the CDC standards |
| Approval time | 2 – 4 weeks | 6 – 12 weeks after lodgement, not guaranteed |
| Typical use | The most common route | Only where the site or the use requires it |
| How you open | Certifier inspects on completion → Occupation Certificate | Same, plus every DA condition must be satisfied |
The CDC route, step by step
Complying development is the fastest approval path available. It is assessed by a private certifier against a fixed set of standards rather than by council against a discretionary set of considerations, which is why it is predictable.
- Prepare the design set. Layout, partition changes, and the drawings the certifier will assess against the standards. Allow about four weeks — roughly double the time of early concept design, because the documentation has to be complete rather than indicative.
- Appoint the certifier. They review the proposal and issue a list of the consultant reports they require for your specific layout. This list is site and scope specific — it is not the same for every project.
- Coordinate the required consultants. See the section below. Fire protection engineering is essentially always required; the rest depends on what the project touches.
- CDC issued. Typically two to four weeks once the full design set and reports are submitted.
- Construct. Typically six to sixteen weeks on site depending on size and scope.
- Certifier inspects on completion — allow about one week — and issues the Occupation Certificate.
- Open for business.
Total from first design meeting to opening: approximately seven to nine weeks of approval work, plus the construction period.
Which consultants will the certifier require?
The certifier reviews your layout and proposal and issues a list. In practice it breaks down like this.
Essentially always required
Fire protection engineer. They review the proposed layout and specify what fire protection equipment is needed and where it must be located — hydrants, hose reels, extinguishers, smoke detection, exit signage, fire-rated construction. This is the baseline report on virtually every fitout.
Required depending on the scope
| Consultant | When required |
|---|---|
| Acoustic engineer | The use generates noise or music that affects neighbours or other tenants |
| Heritage consultant | The site is heritage-listed or within a heritage conservation area |
| Structural engineer | Any structural concern — design and sign-off required |
| Electrical engineer | Complex electrical design or significant new load |
| Hydraulic engineer | Complex plumbing, drainage or trade waste design |
| Mechanical engineer | Exhaust, make-up air or ductwork design is needed |
| Access consultant | Accessibility upgrades, ramps, or accessible amenities are proposed |
Change of use: the most common reason a fitout needs a DA
Change of use means the classification of what happens in the space changes. Under the National Construction Code each use has a class, and moving between classes triggers a different approval and a different set of requirements.
| From | To | Class change | Change of use? |
|---|---|---|---|
| Office | Shop or retail | Class 5 → Class 6 | Yes |
| Shop or office | Gym | → Class 9b | Yes |
Watch the reverse direction. Some premises have already been approved for a change of use in the past — a shop converted to a gym, for example. Converting it back to a shop is still a change of use and still needs approval. It is not a return to the original state as far as the approval history is concerned.
When the site is heritage
Heritage is not always visible from the street. A shopfront can look entirely modern and the building still be listed, or the heritage value may sit in the facade, the roof form, or the structure behind a 1990s shopfront. Some sites carry heritage controls attached to the whole site rather than to any one element. Any of these means the project needs a DA rather than a CDC.
In some cases a heritage exemption can be obtained instead. It still takes time to apply for, and in our experience it is worth pursuing when available — because a DA often attaches extra conditions that add both time and consultant cost, and those conditions can be difficult to satisfy within a sensible budget.
How long approval takes
| Stage | Duration | Notes |
|---|---|---|
| Design | about 4 weeks | Concept through to finalised design |
| DA submission preparation | +2 weeks | Additional reports and the documents council requires |
| Design to lodgement | 4 – 6 weeks | |
| Council determination | 6 – 12 weeks | Not guaranteed. Questions and requests for further information can extend this considerably, and refusal is possible. |
| DA to Construction Certificate | 3 – 6 weeks | Conditions must be satisfied. The certifier reviews, quotes, and further consultants are appointed for detailed design before the CC can be issued. |
| Construction | 6 – 16 weeks | Depends on size and scope |
| Inspection and OC | about 1 week | Assuming no defects |
Approval work alone on a DA project is 13 to 24 weeks before construction starts. That is the number most tenants fail to plan for.
The lease clause that protects a tenant
If the site needs a DA, insist that lease commencement is upon DA and CC approval — not upon DA approval alone.
DA approval does not mean you can start work. A Construction Certificate is also required, and the CC stage is exactly where DA conditions get tested against reality.
Why both, and not just the DA:
- DA approval time is unpredictable. Six to twelve weeks is the optimistic case; questions and further information requests can extend it substantially.
- DA conditions can be impossible or unreasonably expensive. Approvals are sometimes issued with conditions that cannot be achieved on that site, or that would cost far more than the project can carry. Without a CC you cannot build, and without a lease clause you are still paying rent.
- The CC stage is where that gets discovered. Detailed design, further reports and consultant input all happen between DA and CC. That is when a condition proves unworkable.
Binding commencement to DA / CC approval means the tenant does not start paying rent for a tenancy they are legally unable to occupy. It is a single line in a lease that removes the largest single risk in a DA-approved project, and it is worth negotiating hard for.
Approval cost is a project cost
Every week of approval time carries holding cost — rent if the lease has commenced, consultant fees, and the opportunity cost of a space that is not trading. When you are comparing sites, compare the total fitout cost plus approval time, not the fitout alone. A site with a shorter approval path can be cheaper overall even at a higher build rate.
Read the detail
- Change of use: why converting a site back still needs approval
- The lease clause every tenant should negotiate on a DA site
- Heritage sites: what you cannot see from the street
- Commercial fitout costs and programme in Sydney
Ask us before you sign
If you are looking at a site and are not sure whether it needs a CDC or a DA, send us the address and the intended use. We will tell you which path it is likely to take, what consultants it will need, and how that affects your programme — before you commit to a lease.
Send the address through the contact page or call (02) 8068 1755.
This page is general information about the approval process in New South Wales, based on our own project experience. It is not legal, planning or certification advice. Every site is different and requirements must be confirmed with your certifier or council.