Waverley Council > Development & Building > Applications and Certificates

Do you want to build or develop in Waverley?

Following is a "how to guide" to assist you with the process of submitting a Development Application and subsequently construction.

Most development in the Waverley Council area requires consent of Council under the NSW Environmental Planning and Assessment Act 1979, which is gained by lodging a Development Application (DA). In most cases a Construction Certificate (CC) must also be obtained before building and construction commences.

Preparing a DA can be a complex process, especially if you are lodging one for the first time.  The information on our website (and also available from our Customer Service Counter) is designed to help you understand the steps to take when lodging a DA and CC before you commence construction work and other subsequent matters.

Step 1: Determine the zoning and planning controls for your property

Depending on the location of your development proposal, consult the Waverley Local Environmental Plan 1996 (LEP) Map or Waverley and Woollahra Joint LEP 1991 - Bondi Junction Commercial Centre (JLEP 1991) Map to find out the zoning of your property. You can also establish if the property is heritage listed or within a conservation area by referring to the respective LEP Heritage Maps.

An LEP document applies land use zones to all land within the Waverley Council area. These zones establish what can (and cannot) be developed on land within Waverley as well as other matters that are relevant to the development of your property.

In addition to the LEPs, Development Control Plan (DCP) 2006 (Amendment No.1) provides the detailed controls for development which supports the LEPs. You must refer to the DCP to determine what development controls you must consider in preparing your DA. The DCP can be viewed online or can be purchased at Council’s Customer Service Counter ($120).

Step 2: What type of development are you proposing?

There are generally three types of development within Waverley:

  1. Exempt Development
    • No consent from Council is required.
    • Must comply with the preset standards applicable to Exempt Development.
    • To find out if your development is “exempt” see Waverley DCP 2006 - Part C1 or C2 (depending on where your development is located).
  2. Complying Development
  3. Local Development
    • Development Consent from Council required.
    • If your development does not fit into either Exempt or Complying Development categories then it is Local Development.

Step 3: Organise pre-lodgement discussions

Depending on the type of development proposed, pre-lodgement discussions with Council’s Assessment Staff may be of assistance.  Generally this is available in two forms:

  1. Advice from Council’s Duty Officer:
    • We have a Duty Officer available during Council’s normal office hours (8.30am to 5.00pm Monday to Friday)
    • Advice is generally limited to Council policies and procedures and not normally suitable for complex or detailed site specific issues.
  2. Formal Pre DA Advice:
    • A formal application, with plans and payment of a fee is required for this advice.
      - Download Pre Development Application Form 
    • Formal Pre DA advice can be of assistance where your proposal is of a significant nature or varies from an LEP or DCP provision.
    • The advice will usually include a meeting with the Area Manager and will include a written advice on the proposal.
    • A Pre-DA meeting is required whereby a given development application triggered or if an applicant wishes to participate, within Waverley Affordable Housing program (WAHP).
      The scope and requirements of the WAHP can be accessed via the following link- Waverley Affordable Housing Program

Additionally, consulting with your neighbours about your plans can be invaluable so that you may be aware of any concerns for them, and you may be able to address these in your design.

Step 4: Complete Development Application Form & Checklists

It is important that your Development Application is properly completed and contains all of the necessary information.  The Application will not be accepted if it is deficient in any area.

A DA generally consists of:

Council’s Development Application form is in two parts:

Council’s Development Application package provides all the necessary information to submit a DA and provides general information regarding the overall process of assessing an application.  The package can be obtained by either coming to Council’s Planning and Environmental Services Department Counter or contacting Council and having it posted to you or you can download the various forms and supporting information by accessing the following documents:

Waverley Affordable Housing Program DA kit is an additional component whereby an application prompt or seeks to participate in the program.
The WAHP DA kit comprises of:

Other information that may assist you in lodging your application is:

Step 5: How We Assess Your Development Application

This is a guide to Council’s processing of a development application, explaining community consultation, assessment of the DA, the different determination methods and after determination.

Council may reject an application within seven (7) days of receipt if it is found to be illegible or its intent is unclear.  In this circumstance Council will refund the application fee.

You can withdraw or amend the proposal at any time prior to Council’s determination of the application.  You must however, provide written confirmation of the amendments or the withdrawal.  The submission of amended plans may require the payment of additional fees.

Step 6: What happens after the Council’s determination?

You will be notified of Council’s determination of your application, in writing, in the form of a Notice of Determination.  If your application has been granted approval, you must obtain a Construction Certificate before you can begin work on your development.

If you are dissatisfied with Council’s decision, the Environmental Planning and Assessment Act provides a number of options to you as follows:

A review of determination or modification needs to be accompanied by the relevant application form, copies of amended plans (if applicable), supporting information justifying the review or modification.

Council is always prepared to discuss its decision in the event that you are dissatisfied with the determination.   We recommend that you speak with Council before embarking on potentially expensive legal action.

Step 7: Obtaining a Construction Certificate

A Construction Certificate (CC) states that the construction plans and specifications for a development comply with the Building Code of Australia  (BCA) and any associated standards or codes and complies with the terms of the Development Consent.  A CC must be obtained before any building work associated with the DA can be commenced/carried out.

You may choose to have your application for a CC assessed and issued by either Council or an Accredited Private Certifier.  A copy of a privately issued CC must be forwarded to Council with a registration fee within seven (7) days of its determination.

Step 8: Building Works

Your building works are to be undertaken strictly in accordance with the approved plans and conditions of development consent.

If, for some reason, you are not able to comply with your consent or you wish to amend the approved plans, you must contact Council before proceeding with the work and determine the appropriate course of action.  You may need to lodge an application to vary the development consent (ie s96 modification application).

Council can not issue retrospective development consent to building work started or completed without the necessary approval.  The undertaking of unauthorised work may lead to you being prosecuted and/or ordered to demolish the unauthorised work.  Fines for undertaking unauthorised work can be significant.

Prior to commencing work, you need to appoint a Principal Certifying Authority (PCA).  The PCA is responsible for inspecting the works at various stages during construction (eg footings and slab, wall and roof frames, wet areas) with the minimum inspections nominated in your development consent.  The PCA is also responsible for ensuring that the works comply with the development consent.  You can appoint either Council or an Accredited (Private) Certifier for this role.

Step 9: Following the completion of building works

When the works are completed the Principal Certifying Authority must issue an Occupation Certificate.  This certifies that the building works are safe and have been completed in accordance with the development consent.  An Interim Certificate allows occupation of part of a building or is limited to a set period of time in which any outstanding works must be addressed.

Prior to the issue of a Final Occupation Certificate or an Interim Occupation Certificate a Principal Certifying Authority must be satisfied that a Final Fire Safety Certificate has been issued for the building.  This does not apply to Class 1a (ie. dwelling house) or Class 10 (ie. garage, shed, carport) buildings/structures.  The building owner/agent is to issue a Final Fire Safety Certificate that certifies that each essential fire safety measure listed on the Fire Safety Schedule has been inspected, tested and verified that the measures are capable of performing to the standard of performance specified on the Schedule by a properly qualified person, prior to the occupation of the building.  This statement must be forwarded to Council, NSW Fire Brigades and be prominently displayed in the building.

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