A small garden shed is often exempt development in NSW, which means no approval is needed. The catch is that it must meet every standard in the state rules, and the size limits are tighter than many people expect. Bigger sheds and workshops usually need a complying development certificate (CDC) or a development application (DA).
Where the shed rules come from
Garden sheds are dealt with under Part 2, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, in a subdivision that also covers cubby houses, greenhouses, gazebos and similar small structures. Exempt work must meet 100% of the standards. If even one is missed, the shed needs approval.
The exempt path is not available on every lot. It can't be used on or for a heritage item or draft heritage item, and in a heritage conservation area the shed must go in the rear yard. Exempt development is also generally unavailable on land listed on the State Heritage Register, on critical habitat that has been declared, or in a declared wilderness.
The key numbers for residential lots
For a typical suburban lot, the standards include:
- Floor area: 20 m² at most.
- Height: 3 m maximum, measured from the natural ground level.
- Boundary setback: 900 mm or more from every side and rear boundary.
- Location: on the garden side of the building line, never toward the street.
In some rural zones and large lot residential areas, a bigger shed is allowed but it must sit further from the boundaries. The limits differ by zone, so read the clause for your zone instead of assuming a figure.
Other conditions that catch people out
- Use. The shed must be for domestic purposes. It is a Class 10a non-habitable building, so nobody can sleep, work or study in it. Our guide on What you use an outbuilding for changes how it is approved explains why that matters.
- Shipping containers. A shipping container can't be used as an exempt shed.
- Number of structures. The code limits how many of these structures can go on one lot.
- Bush fire. On bush fire prone land, non-combustible construction is needed for a shed near the home.
- Services and easements. Keep clear of registered easements and of water or sewer mains. Connecting water, sewer or stormwater needs separate approval from the water authority or council.
- Roof water. It has to be managed so it doesn't cause a nuisance to neighbours.
- Building code. Exempt work must still comply with the building code, or be structurally adequate where no code provision applies. A kit shed still needs to be engineered for your site. See our article on Kit sheds: engineering, wind ratings and certification.
When your shed is bigger than the exempt limit
A larger shed, a workshop or a shed too close to a boundary will need approval. Two pathways are common:
- CDC. The Housing Code lets outbuildings be approved as complying development, provided the lot qualifies and the shed satisfies that code. A registered certifier can issue it.
- DA. Where the shed doesn't fit the Housing Code, a DA goes to council. A construction certificate is then needed before building.
For a comparison of those two routes, see our CDC or DA: picking the approval your home project needs.
Before you order a shed
Check the floor area and the height at the ridge, and mark the boundary setbacks on site. Read your planning certificate for heritage and bush fire listings. If you are close to any limit, get advice before ordering, since kit suppliers usually ship to the size you paid for, not the size the rules allow.
CertifiBuild certifies sheds and outbuildings across NSW. Our sheds and outbuildings service covers both pathways, or you can request a quote for a CDC.
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: Central Coast Council, Randwick City Council, City of Newcastle, Canterbury-Bankstown Council, Mosman Council, Fairfield City Council.
Suburb pages with local planning notes: Mannering Park, Maroubra, Mayfield, Milperra, Mosman, Mount Pritchard, Oakdale, Pendle Hill, Picton, Point Piper. You can also browse every service area.
Sources
- Fact sheet on exempt garden sheds, cubby houses and similar structures, NSW Department of Planning
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, NSW Legislation
- Exempt development, NSW Department of Planning