Exempt Development

Find out if your development is Exempt

Exempt development is development that complies with specified criteria. It is of a minor nature and may be carried out without Council consent subject to Compliance with specific requirements and limitations. Exempt development includes certain:

  • access ramps, animal shelters and aviaries
  • television aerials, air conditioning units and barbeques
  • retaining walls and fences
  • awnings, blinds, pergolas, cabanas, greenhouses, gazebos and garden sheds
  • shade structures, privacy screens and screen enclosures
  • cubby houses and playground equipment
  • driveways, pathways, patios, decks and other paved or sealed areas at ground level
  • non-structural/non-load-bearing internal alterations and renovations
  • repairs, maintenance work and landscaping works
  • re-cladding of walls/roofs and skylights
  • solar-hot water heaters and photo voltaic systems
  • emergency works
  • rainwater tanks
  • changes-of-use of commercial premises
  • advertising and signage
  • filming
  • home businesses
  • special events and temporary structures
For this type of development to be carried out without consent, all of the criteria and requirements specified in the relevant planning instrument must be met, including Compliance with the Building Code of Australia. If any of the criteria cannot be fully met, a complying certificate or development approval must be obtained before carrying out the work or development.

Please refer to the complete planning instruments (State Environmental Policies or Local Environmental Plan) and seek professional advice (if necessary) before undertaking any building works or development, to ensure that all of the requirements and criteria will be satisfied.

To find out whether your proposal is eligible to be exempt or complying development under the NSW State Environmental Planning Policy (The Codes SEPP) please follow this link which contains the majority of provisions relating to exempt development for dwellings, ancillary structures and certain minor commercial and industrial development.

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