- You'd refer a variation to council. Council has 10 calendar days to decide, or it's deemed approved.
- If deemed approved, you can keep assessing the rest of the standards and issue the CDC.
- Cap: 3 to 4 standards per development, counting the original CDC and any later modifications.
- Councils, through LGNSW, want longer timeframes, no deemed approval and a cap of two.
Your workflow, before and after
| Step | Today | Under the proposal |
|---|---|---|
| Design misses one standard | Refuse, or applicant redesigns or goes to a DA | If it's a variable standard, refer to council for a variation certificate |
| Council's role | None | Decides the variation only, within 10 days |
| Council doesn't decide in time | n/a | Deemed approved; you continue |
| Who issues the CDC | You | Still you, once the variation is approved or deemed approved |
| Applicant's extra cost | n/a | $342 to $569 per variation certificate, depending on the fee option chosen |
The 10-day clock
Councils would get 10 calendar days to assess a variation when a private certifier refers it, and 20 calendar days when council assesses both the variation and the CDC. Miss the deadline and the variation is deemed approved.
For certifiers, that's predictable: a worst case of 10 days added, not 60+. But it raises practical questions you'll want answered in the final rules:
- When does the clock start? On referral, or when council accepts the referral as complete?
- Can council stop the clock by asking for more information?
- How is a deemed approval recorded on the Planning Portal, so you have evidence on file?
The "3 to 4 variations" cap
The department proposes that no more than 3 to 4 standards can be varied for a single development, and the limit covers the original CDC plus any later modifications.
Open questions:
- Three or four? The exhibited material gives a range, not a number.
- What counts as one variation? Is a side setback that fails on both sides one variation or two?
- Modifications: if two variations are used at CDC stage, the applicant only has one or two left for any later change. That needs managing from day one.
Split approvals and who's responsible
Under the proposal, you'd issue the CDC while council approved the variation inside it. LGNSW warns that neighbours will see it as one approval and won't know who to complain to. It asks for clear public information about who decided what.
For certifiers, the practical point is record keeping: the variation certificate (or the evidence of deemed approval) becomes part of the basis for your CDC. Keep it with the file.
What councils want changed
Local Government NSW's submission pushes back on several points:
| Issue | Proposed | LGNSW wants |
|---|---|---|
| Timeframe | 10 calendar days (20 if council does the CDC) | 15 working days (25 if council does both) |
| Deemed approval | Yes | Removed entirely |
| Cap | 3 to 4 standards | 2 standards; more should be a DA |
| Fees | $342 to $569 | Full cost recovery, set with councils |
| Subjective tests | e.g. garage "not visually dominant" | Every variable standard should be measurable |
How much of this survives into the final rules isn't known yet.
Getting ready
- Know the variable standards. Height, floor area, setbacks, articulation zone, privacy screens, garage doors and a few more. See the explainer.
- Tell clients early how many variations they're using, so they don't run out at modification stage.
- Budget the extra 10 days into quoted timeframes for jobs that need a variation.
- Watch for the final instrument and the Planning Portal changes that will come with it.
Check your design in a minute
Enter your lot size and building dimensions. The free quick check tests height, storeys, setbacks and landscaped area against the Housing Code, clause by clause. No account needed.
Sources
- NSW Planning Portal, Summary of EIE: Variations and changes to complying development (May 2026).
- NSW Planning Portal, Variations and changes to complying development: Explanation of Intended Effect (under consideration; cap, fees, transitional rule). Checked 9 October 2026.
- Local Government NSW, Submission on Variations and Changes to Complying Development EIE (2026).
- SN Architects, Close enough to complying.
General information only, current at 9 October 2026. It is not legal, planning or certifier advice. Confirm with a registered certifier or your council.