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8 things you can build without council approval in NSW

Navigating the complexities of development without a town planner in NSW can feel daunting, but not all projects require council approval.


Under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (often referred to as the SEPP Codes), certain types of development can be carried out without lodging a Development Application (DA).


These are classified as exempt development, provided they meet specific standards outlined in the relevant Local Environmental Plan (LEP) and Development Control Plan (DCP).








1. Garden Sheds


You can construct a small garden shed on your property without council approval, provided it meets the SEPP guidelines. For example, it must:


  • Be no larger than 20 square metres.

  • Have a height of no more than 3 metres.

  • Be located at least 900mm from any boundary.


This allows homeowners to add practical storage solutions without lengthy approval processes.


2. Decks and Patios


Adding a deck or patio to your property may be exempt if it adheres to specific size and height restrictions. Generally, these must:


  • Be no larger than 25 square metres.

  • Have a maximum height of 1 metre above ground level.

  • Maintain proper setbacks from boundaries.


The DCP for your area may provide further guidance on materials and design.





3. Fences


Boundary fences are another project that often doesn’t require approval, as long as they:


  • Are no higher than 1.8 metres.

  • Do not involve retaining walls higher than 600mm.

  • Meet privacy and safety requirements outlined in the LEP and DCP.


This exemption allows property owners to enhance privacy and security with minimal red tape.


4. Rainwater Tanks


Rainwater tanks are increasingly popular for sustainability and water conservation. They can be installed without council approval if they:


  • Have a capacity of less than 10,000 litres.

  • Are located at least 450mm from any boundary.

  • Meet height restrictions, typically less than 3 metres.


These conditions support environmental goals while simplifying the installation process.


5. Carports


A carport can be constructed as exempt development if it meets certain size and location criteria. For example:


  • The floor area must not exceed 20 square metres.

  • The carport must be situated behind the building line of the property.

  • It must comply with the height and boundary setback requirements of the SEPP.


Always check your LEP for any local variations.





6. Solar Panels


Installing rooftop solar panels is exempt development under the SEPP Codes, provided:


  • They comply with height and positioning rules, such as not protruding more than 1 metre above the roof.

  • Installation follows the Building Code of Australia (BCA).


This exemption encourages sustainable energy solutions without the need for council approval.


7. Pergolas


Adding a pergola to your outdoor space may not require council approval if it adheres to:


  • A maximum floor area of 25 square metres.

  • A height limit of 3 metres above ground.

  • Appropriate setbacks from property boundaries.


Check your DCP for any design or material preferences specific to your area.


8. Clotheslines


Installing a clothesline is a straightforward improvement that typically does not need approval. As long as it:


  • Is positioned within your property boundaries.

  • Meets basic height and size standards.


This exemption ensures homeowners can make small yet functional changes easily.





Understanding the Rules


While exempt development offers flexibility, it is crucial to ensure your project complies with the relevant SEPP, LEP and DCP provisions.


Exceeding size limits, ignoring boundary setbacks, or overlooking local planning rules can result in penalties or orders to remove the structure.


The NSW Planning Portal and your council’s DCP provide detailed information about specific requirements for exempt development.


If you're unsure, consulting an experienced town planner can help confirm whether your project qualifies as exempt and identify any additional considerations.


How We Can Help


At StraightLine Planning, our team of Town Planners in NSW specialises in helping homeowners and developers navigate planning legislation.


Whether you're planning exempt development or a larger project requiring a DA, we ensure your plans align with local regulations and minimise complications.


Contact us today for expert advice.




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