What can I build without council approval in NSW?

What counts as exempt development in NSW?

Exempt development in NSW is set out in a State policy called the Codes SEPP, short for the Exempt and Complying Development Codes. Each type of work has its own list of standards and your project is exempt only when it meets every one of them.

The work must still be structurally adequate and meet the Building Code of Australia, so exempt does not mean unregulated. You do not need a certifier and there is no formal duty to notify neighbours, although the NSW Government suggests talking to them first.

If a single standard is missed, the work is no longer exempt. It then needs a complying development certificate (CDC) or a development application (DA) to council.

Projects that can be exempt

These are the projects homeowners ask us about most often, with the main limits for a house in a residential zone.

• Decks, patios and pergolas can be up to 25 m² and three metres high, with a floor no more than one metre above the ground. They must sit 900 mm from each boundary and behind the building line.
• Garden sheds, cabanas and gazebos can be up to 20 m² and three metres high, with no more than two on a lot. They must stay non habitable, so a shed cannot become a studio without approval.
• Fences on side and rear boundaries can reach 1.8 metres, while masonry fences and fences on the street frontage are limited to 1.2 metres.
• Kitchen and bathroom renovations can be exempt when they replace what is there without moving walls or touching anything load bearing.
• Demolishing a structure that could itself be built as exempt, such as an old deck or shed, is also exempt when it follows the Australian Standard for demolition.

The deck rules also cap the combined area of every deck and patio on the lot. That cap is 25 m² on lots up to 300 m² and 15 per cent of the house's ground floor area on larger lots.

When the exempt rules do not apply

Heritage is the most common reason a simple project loses its exempt status. Nothing is exempt on a property listed on the State Heritage Register or covered by an interim heritage order. Internal renovations are not exempt on a locally listed heritage item either.

In a heritage conservation area a shed must sit in the rear yard while a deck must stay behind the building line. On bushfire prone land, decks and sheds close to the house must be built from non combustible materials.

Some related work needs a permit even when the structure itself is exempt. Removing or pruning a tree usually needs council approval, as does connecting a new structure to the stormwater system. Homes built before 1990 may also contain asbestos, so the Planning Portal advises a licensed assessor checks before any work begins.

When you need a CDC or DA instead

Most renovations we plan go beyond these limits because they move walls, open up rooms, add floor area or build upwards. That work needs either a CDC assessed against fixed State standards or a DA that council assesses on its merits. Our guide to choosing between a DA and a CDC explains how each pathway works and which one suits your site.

When a renovation does need approval, we read the existing house, the planning controls and your brief together before any design is drawn. That way the scope is shaped for the pathway your site is on from the first sketch.