In this article, we will outline building projects that do not need approvals under certain conditions. These types of projects are known as Exempt Developments.
Not all building projects require a Development Application (DA). If your project is minor in scope and low-impact—such as a deck under 25m² and under 1m above ground level, or a small shed or cabana under 20m²—it may qualify as Exempt Development. When a project qualifies, you can proceed without a formal approval process, provided you meet all relevant criteria in the legislation.
What Is Exempt Development?
Exempt Development refers to minor works or small-scale building projects that have minimal environmental impact. If they fully comply with the standards set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (often called the Codes SEPP), they can be carried out without obtaining a Development Application or Complying Development Certificate. Examples include:
- Carports that meet specific size and setback requirements.
- Pathways that comply with design and drainage specifications.
- Internal renovations that do not involve structural changes or room reconfiguration.
- Bathroom and kitchen renovations such as replacing fixtures, cabinetry, and tiling.
Each category of Exempt Development has specific requirements for size, height, location, and design. These ensure that the development remains low-impact and does not adversely affect the surrounding area.
Common Types of Exempt Projects
- Carports: Carports that meet certain size and setback requirements may be built without planning approval. Learn more: Carports Rules (NSW Planning)
- Air-Conditioning Units: Installing a single residential air-conditioning unit that meets noise, location, and installation standards typically falls under Exempt Development. Learn more: Air-Conditioning Units (NSW Planning)
- Cabanas, Cubby Houses, Ferneries, Garden Sheds, Gazebos, and Greenhouses: Small outdoor structures for recreation or storage, with strict floor-area and height limits, can be exempt. Learn more: Small Outdoor Structures (NSW Planning)
- Balconies, Patios, Pergolas, Terraces, and Verandahs: Minor additions attached to a house may be exempt, provided they stay under allowable height and floor-area thresholds. Learn more: Balconies, Patios, etc. (NSW Planning)
- Driveways, Hardstands, Pathways, and Paving: Paved areas are often exempt if they meet design and drainage specifications. Learn more: Driveways and Hardstands (NSW Planning)
Additional Minor Renovations
Your project may also qualify as an exempt development for certain minor renovations, such as:
- Internal Renovations: Where there are no structural changes and no alteration to the configuration of a room (i.e., no addition or removal of walls).
- Window Replacements: Provided that the opening size remains unchanged.
- Bathroom and Kitchen Renovations: Such as replacing fixtures, cabinetry, and tiling.
- Like-for-Like Repairs and Replacements: You can repair or replace existing parts of your home, provided the new materials match the original in appearance and function. This includes replacing roof tiles, rotten decks, balustrades, and other structural elements with equivalent materials.
These types of renovations must still comply with building standards, safety codes, and heritage restrictions, where applicable.
Key Requirements and Compliance
- Size and Height Limits
Each exempt development type has strict size (e.g., floor area) and height (e.g., deck height) thresholds that cannot be exceeded. - Location Restrictions
- Must not be on or affect heritage items or be in heritage conservation areas, unless specifically permitted. If your property is heritage-listed, exempt development rules do not apply, and you will likely need to lodge a Development Application (DA) for any proposed works. Heritage approvals ensure that any modifications respect the historical and cultural significance of the site. If you are unsure whether your property is affected, check with your local council or refer to NSW Heritage resources.
- Must meet any relevant setback requirements from property boundaries and roads.
- Compliance with Other Codes
- Must adhere to Clauses 1.16 and 1.16A of the Codes SEPP, which outline general requirements.
- Must not contravene the Building Code of Australia, Australian Standards, or local council rules (e.g., flood-prone or bushfire-prone land might require additional approvals).
- Minimal Environmental Impact
The work must pose minimal impact on neighbors, the streetscape, and the environment—for instance, meeting noise regulations for air-conditioning units or ensuring proper water drainage for paving. - Record-Keeping
Property owners are strongly encouraged to keep clear documentation (plans, receipts, photos) as proof of compliance in case future questions arise.
Does Your Development Comply?
Exempt Development provides a streamlined way to carry out minor, low-impact building projects without lodging a full Development Application. By carefully checking your project’s size, height, and environmental factors against the requirements set out in the Codes SEPP, you can save time and money while ensuring you stay within legal guidelines.
If you’re unsure whether your project qualifies, contact Family Home Designers & Builders. Our experienced team will verify that you meet all the necessary criteria and guide you through any additional regulations or approvals.
