A homeowner in Western Sydney wants to build a new deck and pergola before summer. A small business owner in Newcastle needs to install new signage. A family in the Inner West is considering a garden shed and a new fence.

In each case, the first question is the same:

Do we need council approval?

In NSW, some low-impact development can proceed as exempt development — meaning no development application (DA) or construction certificate is required — provided it meets strict planning and building standards.

The opportunity is valuable. But the rules must be followed carefully. If they are not, the work may become unlawful development.

This article explains how exempt development works in NSW, the step-by-step process to check compliance, and the practical risks to consider before you begin.

At a Glance

• Exempt development does not require council approval if it meets specific criteria.
• The rules are set out primarily in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (often called the Codes SEPP).
• Development must meet both planning controls and building standards.
• If even one standard is not met, the development is no longer exempt.
• Written confirmation (such as a Section 10.7 Planning Certificate or professional advice) is strongly recommended before proceeding.

What Is Exempt Development?

Exempt development refers to minor building works or changes of use that are considered low impact. Because they are routine and predictable, the NSW planning system allows them to proceed without a DA — provided they satisfy clearly defined criteria.

The legal framework sits within:

• The Environmental Planning and Assessment Act 1979
• The Codes SEPP
• Relevant Australian Standards and Building Code of Australia (BCA) requirements

Importantly, “exempt” does not mean unregulated. It means the approval pathway is simplified.

Common Types of Exempt Development in NSW

While the full list is extensive, common examples include:

• Garden sheds (within size limits)
• Decks and patios (within height and setback limits)
• Fences (within height restrictions)
• Awnings and pergolas
• Minor internal alterations
• Air-conditioning units
• Certain signage
• Water tanks
• Swimming pools (in limited circumstances)
• Change of use between certain low-impact uses

Each category has specific development standards relating to:

• Maximum height
• Floor area
• Setbacks from boundaries
• Site coverage
• Structural safety
• Fire safety requirements

These standards vary depending on zoning, lot size, and whether the property is environmentally sensitive.

Step-by-Step: How to Determine If Your Project Is Exempt

Because exempt development is highly technical, it is important to approach it methodically.

Step 1: Confirm Your Zoning

Check your property zoning under your local council’s Local Environmental Plan (LEP).

Some zones — such as certain rural, heritage, bushfire-prone or environmentally sensitive land — have additional restrictions or may not permit certain exempt works at all.

Step 2: Check the Codes SEPP Standards

Locate the relevant section of the Codes SEPP that applies to your type of development.

You must comply with every applicable development standard, including:

• Numerical limits (height, area, setbacks)
• Location restrictions (e.g. not forward of the building line)
• Environmental constraints (bushfire, flood, coastal areas)
• Heritage considerations

If one standard is not met, the project cannot proceed as exempt.

Step 3: Identify Environmental Constraints

Certain properties are subject to additional triggers, including:

• Bushfire-prone land
• Flood planning areas
• Coastal vulnerability areas
• Heritage listings or conservation areas
• Acid sulfate soils
• Biodiversity overlays

In these cases, additional reports or a different approval pathway may be required.

Step 4: Ensure Building Code Compliance

Even though a DA is not required, the work must still comply with:

• The National Construction Code (NCC)
• Relevant Australian Standards
• Structural and safety requirements

This often means engaging licensed trades and ensuring structural adequacy.

Step 5: Document Your Assessment

Before commencing works, it is prudent to retain:

• Plans and measurements
• A written compliance assessment
• A Section 10.7 Planning Certificate
• Any relevant bushfire or flood documentation

This documentation can protect you if concerns arise later — for example, during a property sale.

The Risks of Getting It Wrong

Exempt development only applies if every standard is met. There is no partial compliance.

If works are carried out incorrectly:

• Council may issue a stop work order
• Fines or penalty notices may apply
• You may be required to demolish or modify the structure
• Property sale transactions can be delayed
• Insurance claims may be affected

In practice, many compliance issues arise from:

• Miscalculating setbacks
• Building slightly over maximum height limits
• Ignoring bushfire requirements
• Not realising the property is heritage-listed
• Assuming a builder “knows the rules” without independent verification

Because the rules are technical, clarity upfront prevents costly rectification later.

Exempt Development vs Complying Development

Many people confuse exempt and complying development.

The key difference:

• Exempt development: No approval required if standards are met.
• Complying development: Fast-tracked approval via a Complying Development Certificate (CDC) issued by a private certifier or council.

If your proposal exceeds exempt standards but still meets complying criteria, a CDC may be an alternative pathway.

Where neither pathway is available, a full development application will be required.

Special Considerations in NSW

Bushfire-Prone Land

If your property is mapped as bushfire-prone, additional requirements may apply, including:

• Construction to specific Bushfire Attack Level (BAL) standards
• Asset Protection Zones (APZ)
• Restrictions on certain structures

In some cases, exempt development is not available.

Heritage Properties

If your property is a heritage item or within a heritage conservation area, exempt provisions may be limited or excluded.

Minor works may still qualify, but careful review is essential.

Strata and Community Title

If you live in strata:

• You may need strata approval in addition to planning compliance.
• By-laws may impose restrictions beyond planning controls.

Planning exemption does not override private property agreements.

Why Professional Advice Is Often Sensible

Although exempt development is designed to simplify the system, interpreting planning instruments requires technical reading.

Strategic planning advice can help:

• Confirm whether exempt development genuinely applies
• Identify overlooked constraints
• Compare exempt vs complying pathways
• Avoid enforcement risk
• Provide written documentation for future transactions

For homeowners, this often provides reassurance.

For developers and commercial operators, it protects project feasibility and timelines.

Practical Next Steps If You’re Considering Exempt Development

If you are planning works on your property in NSW, consider the following approach:

• Obtain a current Section 10.7 Planning Certificate.
• Confirm zoning and overlays.
• Review the relevant Codes SEPP section carefully.
• Measure and document proposed works precisely.
• Check bushfire, flood, and heritage mapping.
• Ensure building code compliance.
• Keep written records of your assessment.

If uncertainty remains, seek professional planning advice before construction begins.

A Balanced Perspective

Exempt development is a practical and valuable part of the NSW planning system. It allows minor improvements to proceed efficiently while maintaining safeguards.

However, the simplicity of the pathway can sometimes mask its technical complexity.

The key is not speed — it is certainty.

Thoughtful preparation protects both your investment and your peace of mind.

Considering Exempt Development?

If you are unsure whether your proposal qualifies as exempt development in NSW, a short strategic review can clarify your position before works commence.

At Greiss Planning, we approach these questions calmly and methodically — identifying constraints early, explaining options clearly, and helping you move forward with confidence.

A measured conversation at the beginning often prevents avoidable complications later.

Frequently Asked Questions

Do I need council approval for exempt development?

No. If your development fully complies with the relevant standards under the Codes SEPP, no DA or CDC is required. However, compliance must be exact.

How do I know if my land has constraints?

You can check your local council’s online mapping system and obtain a Section 10.7 Planning Certificate. Professional review is recommended for certainty.

What happens if I build something slightly larger than allowed?

If the development exceeds standards, it is not exempt. You may need to lodge a retrospective DA, modify the structure, or remove it entirely.

Is a builder responsible for compliance?

Property owners remain legally responsible. Builders may assist, but independent confirmation is prudent.

Can I get written confirmation from council?

Councils generally do not “approve” exempt development. However, planning advice or a formal review can provide written confirmation that the proposal meets the criteria.

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