A New Path for Non-Compliances: Variation Certificates

If you've ever tried to build a home extension or a new dwelling in NSW, you've probably come across the term "complying development." It's essentially a fast-track approval pathway — if your project ticks all the boxes set out in the planning rules, you can get approval within weeks rather than waiting for a full council assessment. The catch has always been that the rules are strict: miss any one standard, even by a small margin, and you're out of the fast-track lane entirely.

The NSW Government is proposing to change that. A new type of approval called a ‘Variation Certificate’ will allow applicants to seek a minor departure from one or more of those strict standards — things like how far a building sits from the boundary, the amount of landscaping required on a lot, or the minimum width of the site — without having to abandon the complying development pathway altogether. In other words, if your project is almost compliant but falls slightly short on one measure, you'll soon be able to apply for a variation rather than lodging a full development application.

The process is proposed to be designed to be quick. The NSW Government are proposing that councils will have ten days to approve or refuse a variation request. If they don't respond in time, the variation is automatically approved. This is a deliberate measure to keep things moving, though it will be interesting to see in practice whether the tight timeframes work as intended.

The new type of certificate from Council is expected to be available from late 2026. For homeowners and small developers in particular, it has the potential to save significant time and cost — keeping many projects out of a full DA process where a technical non-compliance was previously the only obstacle.

You should submit a written justification to Council as part of your Variation Certificate application - known as a ‘Variation Certificate Report’. Tuesday Projects can provide you with this written justification document, prepared by a qualifed Town Planner. Doing so will ensure that your application has a strong chance of approval. Please contact me for a discussion today.