Exempt development in NSW - sheds, pergolas, decks and patios
Summary: you can build some small structures in NSW without any approval, but only if the design meets every standard that applies. Miss one, or sit on a heritage, bushfire or flood affected block, and you need a certificate or a DA. Here is how to tell which side of the line you are on.
Most people who ask us about this want to know one thing: can I build it without paying for an approval? Sometimes you can. In NSW, exempt development is building work you can do without lodging a DA or getting a certificate, as long as it meets every standard that applies. Those standards sit in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, which most people just call the Codes SEPP.
What exempt development actually means
Exempt means you don't lodge anything with council and you don't pay an application fee. The trade-off is that the rules are exact. There's no such thing as close enough. If your pergola is a little too close to the back fence, it isn't exempt, and it's treated the same as one that ignores every rule.
Exempt work also has to meet the general requirements in the Codes SEPP, such as being built soundly and staying off easements. Exempt doesn't mean there are no rules. It means you don't need permission as long as you follow them.
Exempt, complying and DA: how they compare
| Exempt development | Complying development (CDC) | Development application (DA) | |
|---|---|---|---|
| Approval needed | None | A certificate | Council consent |
| Usual timeframe | None | 2 to 3 weeks | 6 to 10 weeks |
| Can you vary the rules? | No | No | Yes, if you make a good merit case |
Most small backyard jobs start in the first column. If your design can't meet the standards, the next stop is a complying development certificate, and if that doesn't work either, a DA.
Sheds, pergolas, decks and patios
These are the four we get asked about most. Each one is judged on the same sort of thing: how big it is, how tall it is, how far it sits from each boundary, where it is on the block, and what happens to the rain that lands on the roof.
Sheds
Most standard backyard sheds can be exempt. Height and distance from the boundary are what usually trip people up. A kit shed from the hardware store is designed to be sold across the country, not to suit your block, so don't assume the manufacturer has checked the rules for you. We have a full guide on whether you need approval for a shed.
Pergolas
A freestanding pergola in the backyard, kept modest in size and well clear of the boundaries, is often exempt. Fix it to the house, put a solid roof on it or push it up close to a fence, and the answer can change. If you're covering a deck, the deck gets assessed too, so the pergola is only half the story.
Decks and patios
A small, low deck is often exempt. A raised deck is a different story, mostly because of the height and the view it gives into the neighbour's yard. A patio at ground level is usually simpler than a deck that sits a metre off the ground. Size matters too, so a large deck can fall outside the exempt rules even when it's low.
If your project is a shed, carport or studio, our page on approval for sheds, carports and outbuildings goes into more detail.
When exempt development doesn't apply
Some blocks can't use the exempt rules at all, no matter how small the structure is. You'll generally need approval if your property:
- is heritage listed, or sits in a heritage conservation area
- is on bushfire prone land
- is flood affected
- is in an environmentally sensitive area
An easement running through the spot where you want to build rules it out as well. The easement shows up on your title, so check it before you pay for a kit.
A worked example
Say you own a house on a corner block and want to add a pergola and a deck off the back. The pergola is freestanding, small, and sits well inside the boundary. That one might be exempt. The deck is raised, and it runs close to the side fence. That one might need a Complying Development Certificate, or a DA if it can't meet the rules.
It's the same project with two different answers. That's why we look at each structure on its own and don't give a single yes or no for the whole job.
How to check your own block
- Get a section 10.7 planning certificate from your council. It lists your zone and every overlay on the lot, such as heritage, bushfire and flood.
- Look at your zone and overlays on the NSW Planning Portal if you'd like a second view.
- Compare your design with the current exempt standards for your zone. Measure everything, including how far you are from each boundary.
- If any measurement is close, or you can't tell, ask before you build. A quick check costs a lot less than pulling something down.
If you have already built it
If the work wasn't exempt, it's unauthorised building work. That sounds worse than it usually is. Most of these get sorted through a building information certificate or a retrospective application, and doing it yourself before council gets in touch is far cheaper than responding to an order. Read more about retrospective approval for unauthorised structures.
Frequently asked questions
Do I need council approval for a pergola?
Often you don't, as long as the pergola meets every exempt standard for its size, height and distance from the boundaries. Fixing it to the house, adding a solid roof or building close to a fence can change the answer, and so can heritage, bushfire or flood controls on your block.
Do I need council approval for a deck or a patio?
It depends on the size, how high off the ground it sits and how close it is to the neighbours. A small, low deck or a patio at ground level is often exempt. A big or raised deck usually needs a Complying Development Certificate or a DA.
What is the difference between exempt and complying development?
Exempt development needs no approval at all, provided you meet every standard. Complying development needs a certificate, which is issued once your plans have been checked against the rules.
What happens if I build something that isn't exempt?
It becomes unauthorised work. Council can ask you to fix it or take it down. Most of the time it can be sorted out through a building information certificate or a retrospective application, and that costs a lot less if you do it before council contacts you.
Services related to this article
Ancillary Development
Ancillary development covers structures and uses incidental to a dwelling - garages, carports, garden sheds, cabanas, studios that stop short of being a habitable secondary dwelling, decks and pergolas.
Complying Development (CDC)
A complying development certificate (CDC) is a fast-track approval for building work that meets every criterion in the Codes SEPP, issued by council or a private certifier with no merit assessment.
Unauthorised Use & Structures
Building work or a use that went ahead without approval can usually be brought into the system - through a building information certificate, a retrospective development application, or both.
NSW Residential Planning FAQs - DAs, CDCs, BASIX and Heritage
Summary: most residential questions come back to the same handful of documents and thresholds - what a DA needs, when BASIX applies, and which projects can fast-track through a CDC instead. Here are straight answers to the thirteen questions we are asked most, each tagged with the actual legislation it comes from.
Do I need a DA for a shed?
Summary: usually not. Most standard backyard sheds fall under exempt development in NSW. But size, height and distance from the boundary change that quickly, and a shed that misses one criterion is not "nearly exempt" - it needs approval like anything else.
Construction certificate in NSW - what it is and when you need one
Summary: a construction certificate is the sign-off that lets your builder start. It confirms your detailed plans meet the building code and your development consent. It comes after the DA is approved, and many consents list things you have to sort out before it can be issued.
Want this checked against your actual property?
General guidance can only go so far - zoning, overlays and council controls change the answer. Send us the address and we will confirm which approval pathway applies, free.