Mezzanine Complying Development in NSW: Exempt, CDC or DA?

If you run a warehouse, factory or workshop in New South Wales, you have probably wondered whether mezzanine complying development NSW rules let you skip a council development application. Sometimes they do, but not in the way most people expect. The deciding factor is floor area, and a mezzanine adds it.

This guide explains how the three NSW pathways (exempt development, complying development and a development application) apply to a commercial or industrial mezzanine, and what that means for your planning. It is general information. A certifier will confirm what applies to your site.

Why floor area decides everything

A mezzanine is new floor space inside your building. In NSW planning terms, that matters because gross floor area (GFA) in the Standard Instrument LEP dictionary, which is used in nearly all NSW LEPs, expressly includes "the area of a mezzanine". The City of Sydney LEP 2012 dictionary is a local example, and the City's GFA fact sheet sets it out.

That one point drives the approval pathway. Most of the simpler routes in NSW are written for work that does not increase GFA. A mezzanine does.

The three NSW pathways

Exempt development

Exempt development must strictly comply with the exempt standards. Because a new mezzanine adds gross floor area, it generally cannot be done as exempt development. Do not rely on a verbal assurance that your mezzanine is "too small to worry about".

Complying development (CDC)

Complying development is approved by a private certifier or council against fixed standards, without a full development application. The NSW Planning pocket guide, Complying Development for Business and Industry (May 2023), says it can be approved in as little as 10 to 20 days. That is a best case for eligible projects, not a promise for yours.

There are two parts of the code to understand.

Internal alterations (Part 5). Under the Commercial and Industrial Alterations Code, clause 5.2(1)(c) of the SEPP (Exempt and Complying Development Codes) 2008 says a complying internal alteration must not increase the gross floor area of the building, with limited exceptions such as Premises Standards access. A new mezzanine increases GFA, so it generally cannot be done as a Part 5 internal alteration.

Additions (Part 5A). The pocket guide explains that increasing GFA is permitted as complying development in employment, mixed-use and special purpose zones, but the eligibility criteria and standards are the same as for a building addition under the Part 5A Industrial and Business Buildings Code.

Development application (DA)

If your land or your proposal does not meet the complying development standards, the pocket guide is clear that a development application to council is needed. Your certifier or council can confirm which applies.

The practical conclusion for a mezzanine

Putting those points together:

• A new mezzanine adds GFA, so it generally cannot be exempt development or a Part 5 internal-alteration CDC.
• It is assessed either as complying development under the Part 5A additions standards, if the land and zone are eligible, or through a development application to council.
• Your certifier confirms which route applies.

This is the part many NSW tenants and owners miss. A mezzanine is treated as an addition, not an internal fit-out, even though nothing changes on the outside of the building.

When your site may be eligible for a CDC

The pocket guide sets out the Part 5A limits. For additions in E1, E2, MU1, SP1, SP3, SP5 and W4 zones, the cap is the lesser of:

• 50% of the building's GFA
• 1,000 m² if the use is retail
• 2,500 m² if it is not retail

Most industrial and warehouse mezzanines are non-retail, so the relevant cap is the lesser of 50% of the building's GFA and 2,500 m². Your certifier will check the numbers against your building.

When your site is not eligible

The pocket guide lists categories of land that are not eligible for complying development, including:

• Land with heritage items
• Heritage conservation areas
• Bushfire-prone land rated BAL-40 or flame zone
• Land with significant contamination

If any of these apply to your site, you are looking at a development application. Find out early, before design work is finalised.

After approval: the occupation certificate

Approval is not the last step. An occupation certificate is required before a new building, or a new part of a building, is occupied or used. That requirement comes from section 6.9 of the EP&A Act 1979, and NSW Planning explains it in its occupation certificate FAQ.

Plan for this in your programme. Do not load the new level with stock or move people upstairs until your certifier confirms the paperwork is complete.

NSW context: where mezzanines are going in

Whether your building is in Sydney's west, the south-west, the north or the Hills districts, the pathway check is site-specific. Zoning, heritage listings, bushfire mapping and building age differ from one council area to the next.

You can see where we work on our NSW location page and our South West Sydney page. Our NSW office is at Unit 10/1 Iluka St, Rose Bay.

How FMF supports the process

We design the mezzanine, prepare the documents your certifier needs, and manage the approvals side as part of a turn-key service. Our council approval guidance page explains how that works. If you lease your building, read our post on mezzanine approval for leased warehouses too, as landlord consent adds another step.

Talk to our team

If you are weighing up a CDC or a DA for a mezzanine in NSW, call us on 1300 998 883 or request a free quote. We can book an obligation-free site consult and help you plan the approval pathway with your certifier.

FAQs

Can I build a mezzanine as exempt development in NSW?

Generally no. A new mezzanine adds gross floor area, and exempt development must strictly comply with the exempt standards. Ask your certifier to confirm for your building.

Is a mezzanine an internal alteration for complying development?

Generally not. Part 5 of the code requires internal alterations not to increase gross floor area, and a mezzanine does. It may instead be assessed under the Part 5A additions standards if your land and zone are eligible.

Do I need an occupation certificate for a mezzanine?

An occupation certificate is required before a new building or a new part of a building is occupied or used. Your certifier will confirm how that applies to your mezzanine.