CDC Checker
Housing Code · height, setbacks, landscaping

Why CDC plans fail: the standards that trip people up

Under complying development there's no partial credit. Every standard has to be met, and one miss sends the whole project to a development application. These are the numbers that catch people out most.

Updated 9 October 20264 min readNSW
Builder measuring and marking a timber board with a tape measure and pencil
In short
  • A CDC is all or nothing. Meet every standard, or you need a DA, which the department estimates adds 60+ days on average.
  • The big three: building height (8.5 m), setbacks (front, side and rear, which change with lot size and wall height) and landscaped area (a percentage of your lot).
  • Most fails are small: 10 cm on a side setback, a few square metres of lawn. They're cheap to fix on a drawing and expensive after lodgement.

Why "nearly" isn't good enough

Complying development works because nobody has to use judgement. The certifier checks your plans against fixed numbers. That's what makes it fast. It's also why a certifier can't approve a side setback of 0.85 m when the standard is 0.9 m, even if nobody would ever notice.

The figures below are for a new house under the Housing Code (Part 3 of the Codes SEPP), as set out in the department's Guide to Complying Development. They change with the size and width of your lot, so always work from your own lot's numbers.

1. Building height: 8.5 m, two storeys

The maximum height for a house under the Housing Code is 8.5 m, and it can have no more than two storeys.

  • It's measured from existing ground level, not from your new floor level. On a sloping block, the highest point of the roof above the lowest point of the natural ground under it is often where you'll fail.
  • Cut and fill changes the picture. If you're lowering the site, measure from the ground as it is now, not as it will be.
  • Pitched roofs eat height fast. A steep roof over two generous ceiling heights can push past 8.5 m on a slope.

2. Setbacks: the most common fail

A setback is the distance from your building to a boundary. There are three to check, and each one has its own rule.

Front (primary road) setback

If there are dwellings within 40 m on the same side of the street, the setback is generally based on the average of the two nearest. If there aren't, use the default for your lot size:

Lot areaDefault front setback
200–300 m²3 m
300–900 m²4.5 m
900–1,500 m²6.5 m
Over 1,500 m²10 m

A change to the front setback rule has been proposed. See the "match the neighbours" proposal.

Side setbacks

On most suburban lots, the lower part of the house can sit 0.9 m from a side boundary. The higher the wall goes, the further back it has to sit. That's the trap: a two-storey wall that's fine at ground level can fail at the top.

  • Measure the side setback at the tallest part of the wall, not just the ground floor.
  • Eaves, gutters and some fixtures have their own allowances. Check them separately.

Rear setbacks

The rear setback depends on lot size and on whether the part of the house is above 4.5 m high:

Lot areaParts up to 4.5 m highParts above 4.5 m high
200–300 m²3 m10 m
300–900 m²3 m8 m
900–1,500 m²5 m12 m
Over 1,500 m²10 m15 m

The upper floor is where this bites. A first floor that runs the full depth of the house can easily end up 6 m from the back fence when it needs 8 m.

Person drafting a building plan with a scale ruler
Fix a setback on paper, not on site.

3. Landscaped area: the forgotten one

A set share of your lot must be landscaped. That means ground you can grow plants, grass and trees in. Paving, decks, driveways and the house itself don't count.

Lot areaMinimum landscaped areaExample
200–300 m²10%280 m² lot → 28 m²
300–450 m²15%400 m² lot → 60 m²
450–600 m²20%550 m² lot → 110 m²
600–900 m²30%700 m² lot → 210 m²
900–1,500 m²40%1,000 m² lot → 400 m²
Over 1,500 m²45%2,000 m² lot → 900 m²

Designs usually fail here late in the process, when someone adds an alfresco slab, a wider driveway or a paved side path. Re-check the number after every change to the outdoor areas.

A quick pre-lodgement routine

  1. Write down your lot area and width. They decide which band of every standard applies.
  2. Take the highest point of the roof and the lowest natural ground under it. Is the difference 8.5 m or less?
  3. Measure every setback at its worst point: the closest corner, the tallest wall.
  4. Add up the soft landscaping on the site plan. Leave out anything paved or built on.
  5. Run the numbers through a check and then confirm with your certifier, who will also test the standards we don't cover here.

Other things can still stop a CDC: the land itself may be excluded (see the land exclusions checklist), and there are more standards than the ones above, such as privacy screening, earthworks and car parking.

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

  1. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 3 Housing Code, cl 3.1, 3.8, 3.10 and 3.13.
  2. NSW Department of Planning and Environment, Guide to Complying Development (August 2022), Housing Code tables. Figures in this guide come from it; check them against the current in-force SEPP.
  3. SN Architects, Close enough to complying, summarising the department's May 2026 Explanation of Intended Effect (60+ days added when a project moves from CDC to DA).
  4. Shoalhaven City Council, Complying development (a CDC can't be approved unless all controls are met).

General information only, current at 9 October 2026. It is not legal, planning or certifier advice. Confirm with a registered certifier or your council.