Plenty of small jobs around a home can go ahead in NSW with no formal approval at all. This is called exempt development. Skipping approval does not mean skipping the rules, though. Every exempt project still has to meet a set of standards, and missing even one means the work needs approval after all.
What exempt development means
Exempt development is set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, usually called the Codes SEPP. If a project meets every standard listed for its type, you can build it without consent from council or a certificate from a certifier.
The NSW Planning Portal lists the categories. Ones that come up most often for homes include:
- decks, verandahs, pergolas, balconies, terraces and patios;
- carports and garden sheds;
- fences, privacy screens and shade structures;
- driveways, paths, paving, minor earthworks and small retaining walls;
- rainwater tanks, solar and hot water systems;
- some demolition work.
Conditions that apply to every exempt project
On top of the specific limits for each structure, some general conditions apply:
- Every listed standard must be met. Size, height, setback and location limits are not guidelines. Each one has to be satisfied.
- Sound construction. The structure has to be sound, built to the manufacturer's instructions and compliant with the Building Code of Australia.
- Land exclusions. Exempt development generally cannot happen in a wilderness area, on critical habitat, or on land holding an item on the State Heritage Register or land covered by an interim heritage order.
- Public land. Anything on or over public land or a road needs separate approval, temporary structures included.
An example: carports
Carports show how detailed the standards get. According to the Planning Portal, an exempt carport must, among other things:
- stay out of foreshore areas;
- not be on a heritage item or a draft heritage item;
- sit in the rear yard for lots inside a heritage conservation area;
- keep a minimum 1 m setback behind the building line on each street frontage;
- be limited to one per house; a lot with a secondary dwelling can have two;
- use non-combustible materials on bush fire prone land if any part is closer than 5 m to a house.
There are further limits on size and height in the Codes SEPP itself. Our guide on When a carport needs no approval, and when it does goes into those.
Checks to make before you build
- Read your planning certificate. It flags key land use restrictions that affect exempt development, plus hazards such as bushfire. See our guide to Reading your planning certificate before you design.
- Measure from real boundaries. Fences are not always on the boundary line. A survey avoids guesswork on setbacks.
- Ask council about trees. Pruning or removing trees can need separate permission.
- Think about asbestos. Older homes may contain it. Get advice from a licensed assessor before cutting into existing structures.
- Check your title. Easements and covenants can still limit what you build.
When the exempt rules don't fit
A project that fails any standard is no longer exempt. The next option is usually a complying development certificate (CDC), which is a code-based approval from a certifier, or a development application to council. We compare the two in CDC or DA: picking the approval your home project needs.
Building something that turns out not to be exempt can cause problems later, particularly when you sell. If you are unsure, send us the plans for a plan assessment, or read about our building approvals services. CertifiBuild can issue CDCs for Class 1 and Class 10 work when exempt development does not fit.
Local help across NSW
CertifiBuild certifies Class 1 and Class 10 work in 39 council areas. Local rules on these council pages are a good place to start: City of Canada Bay, City of Newcastle, Blue Mountains City Council, Central Coast Council, Bayside Council, Wingecarribee Shire Council.
Suburb pages with local planning notes: Abbotsford, Adamstown, Blaxland, Booker Bay, Botany, Bowral, Bradbury, Cabarita, Cabramatta, Campbelltown. You can also browse every service area.
Sources
- Exempt development, NSW Planning Portal
- Exempt development standards for carports, NSW Planning Portal
- Planning certificates: guide to the updated EP&A Regulation (PDF), NSW Planning Portal