Do I Need Council Approval? What You Can Build Without Approval in NSW (Decks, Pergolas, Sheds, Fences, Carports)
A plain-English guide to exempt development in NSW: the rules that apply to all no-approval work, the key limits for decks, carports, sheds and fences, what is never exempt, how to check your own project, and what to do if it is just over the line. Written by the registered certifiers at Built Smart Solutions in Sydney and checked against the Codes SEPP as at November 2026.
Quick answer
In NSW you do not need council approval for minor building work that qualifies as exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP). Common examples are small decks, pergolas, garden sheds, carports, fences, paving and rainwater tanks, but only if the work meets every standard for that structure: size, height, setbacks, location behind the building line, zone and land constraints. For example, an exempt deck can be no more than 25 m² with its floor no higher than 1 m above ground, and an exempt garden shed in most residential zones no more than 20 m² and 3 m high.
If the work misses even one standard, it is not exempt. It then needs a Complying Development Certificate (CDC) from a registered certifier or a development application (DA) to council. Exempt development is generally not available on land with a State heritage-listed item unless a Heritage Act exemption applies, granny flats are never exempt, and the only exempt pool is a small portable pool or spa of up to 2,000 L. Built Smart Solutions, a Sydney-based building certification firm, can confirm in writing whether your work is exempt or, as your certifier, assess and issue a CDC; on any one project we act as your consultant or your certifier, not both.
Key takeaways
- “No approval” is a test, not a size guess. Exempt development applies only when every standard for that structure is met.
- Three pathways: exempt (no approval), complying development (a CDC, with a 10 or 20-day statutory determination period) or a DA (council merit assessment).
- Location matters as much as size. Most exempt structures must sit behind the building line and away from boundaries.
- Land constraints can rule exempt work out: State heritage items, interim heritage orders, wilderness and critical habitat, and specific limits in heritage conservation areas, foreshore areas and bushfire prone land.
- Exempt still means compliant. The work must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, where there are none, be structurally adequate.
- Granny flats and in-ground or above-ground pools are never exempt. They need a CDC or DA, a Principal Certifier and, where required, an Occupation Certificate. Only a portable pool or spa of up to 2,000 L can be exempt.
- When in doubt, get it in writing. Built Smart Solutions provides exempt development advice so you know before you build.
The three approval pathways in NSW
Every piece of building work in NSW falls into one of three pathways. Check them in this order.
| Pathway | Approval needed | Who decides | Typical work |
|---|---|---|---|
| Exempt development | None, if every standard is met | You, by checking the standards (ideally confirmed in writing) | Small decks, pergolas, sheds, carports, fences, paving, rainwater tanks, minor internal works |
| Complying development | Complying Development Certificate (CDC); 10 or 20-day statutory determination period | Registered certifier or council | Larger decks and outbuildings, pools, alterations and additions, new houses, granny flats |
| Development application | Development consent, then a Construction Certificate for building work | Council or a local planning panel | Anything outside the codes, heritage items, constrained land, designs needing variations |
Our CDC vs DA guide explains the second and third pathways in detail. This article is about the first: what you can build without any approval.
The rules that apply to all exempt development
Before you look at the standards for a particular structure, the work must pass the general requirements of the Codes SEPP. In summary, exempt development must:
- meet every development standard for that type of structure;
- meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, where there are none, be structurally adequate, and not cause an existing building to breach the Code;
- be installed to the manufacturer’s specifications, where they apply;
- not be carried out on land with an item listed on the State Heritage Register or subject to an interim heritage order;
- not be carried out in a wilderness area, a declared area of outstanding biodiversity value or declared critical habitat;
- not involve removing or pruning a tree that needs a permit or consent, unless that permit or consent is in place;
- not involve removing friable asbestos, or more than 10 m² of non-friable asbestos, unless a licensed asbestos removalist does it;
- for work to an existing class 1b to 9 building, be carried out only where the building has a current fire safety certificate or statement, or has no fire safety measures.
Many structure types add their own exclusions: for example, some cannot be built on a local heritage item, in a foreshore area, or forward of the building line, and some have extra requirements in heritage conservation areas or on bushfire prone land. The section 10.7 planning certificate from council shows many of the constraints that apply to your land, but it does not settle the question on its own.
Homes built before 1990 may contain asbestos. Work stops being exempt if it involves removing friable asbestos, or more than 10 m² of non-friable asbestos, unless a licensed asbestos removalist does the removal. Exempt status does not relax work health and safety rules.
Quick reference: common structures and their key exempt limits
These are the headline limits for common residential structures. They are a starting point, not a substitute for checking every standard in the Codes SEPP for your site. Sources are noted under each table.
| Structure | Maximum size | Maximum height | Boundary setback | Location |
|---|---|---|---|---|
| Deck, balcony or patio | 25 m² (plus a cumulative limit for all such structures on the lot) | Floor no more than 1 m above existing ground; whole structure no more than 3 m | At least 900 mm (5 m in Zones RU1 to RU4, RU6 and R5) | Not forward of the building line to any road |
| Carport | 20 m² on lots up to 300 m²; 25 m² on larger lots; 50 m² on larger lots in rural zones and R5 | 3 m (or the gutter line if attached to a single-storey house) | At least 900 mm (5 m in Zones RU1 to RU4, RU6 and R5); roof at least 500 mm from a boundary | At least 1 m behind the building line; rear yard in heritage conservation areas |
| Garden shed, cabana, gazebo, cubby house, greenhouse | 20 m² in most zones; 50 m² in Zones RU1, RU2, RU3, RU4, RU6 and R5 | 3 m above existing ground | At least 900 mm (5 m in Zones RU1, RU2, RU3, RU4, RU6 and R5) | Behind the building line, except in Zones RU1 to RU4 and RU6 (rear yard in a heritage conservation area); not habitable; no more than 2 per lot |
| Fence (road frontage) | Not applicable | 1.2 m in residential zones, partly open above 400 mm | On the boundary or in the road setback | Primary and secondary road frontages |
| Fence (side and rear) | Not applicable | 1.8 m in residential zones (masonry no higher than 1.2 m) | On the boundary | Side and rear boundaries |
Source: Codes SEPP Part 2, clauses 2.12 (decks and similar), 2.18 (sheds and similar), 2.20 (carports) and 2.34 (residential fences), reprint current 8 July 2026. Further standards apply to each structure; check the full Codes SEPP before building.
Decks, balconies, patios, pergolas and verandahs
Decks and similar structures are covered by Part 2, Division 1, Subdivision 6 of the Codes SEPP. Clause 2.12 sets these key standards:
| Standard | Requirement |
|---|---|
| Maximum area | 25 m² |
| Cumulative area of all such structures on the lot | 15% of the dwelling’s ground floor area on lots over 300 m²; 25 m² on lots of 300 m² or less |
| Floor height | No more than 1 m above existing ground level |
| Overall height | No more than 3 m above existing ground level at the highest point |
| Enclosing walls | No higher than 1.4 m |
| Boundary setback | At least 900 mm; at least 5 m in zones RU1, RU2, RU3, RU4, RU6 and R5 |
| Building line | Must not extend beyond the building line to any road frontage |
| Bushfire prone land | Non-combustible materials if within 5 m of a dwelling |
Source: Codes SEPP clause 2.12. Not available on a heritage item or draft heritage item, or in a foreshore area.
When you need approval: a raised deck more than 1 m off the ground, a deck larger than the limits, a roofed deck that becomes part of the house, anything forward of the building line, or any deck on a heritage item. Many of these can be approved by CDC under the Housing Code. Pergolas, terraces and verandahs sit in the same subdivision and share these limits, with extra rules for roofed structures: the roof must not overhang by more than 600 mm on each side and, if attached to the dwelling, must not extend above its gutter line.
Carports and garages
Carports can be exempt. Enclosed garages generally cannot and are usually approved by CDC or DA.
| Standard | Requirement |
|---|---|
| Floor area | 20 m² on lots up to 300 m²; 25 m² on lots over 300 m²; 50 m² on lots over 300 m² in rural zones and R5 |
| Height | No higher than 3 m; if attached to a single-storey dwelling, no higher than its gutter line |
| Openness | At least 2 sides open and at least one-third of the perimeter open |
| Setbacks | At least 900 mm from any boundary (5 m in RU1, RU2, RU3, RU4, RU6 and R5); roof at least 500 mm from any boundary |
| Building line | At least 1 m behind the building line facing any road |
| Heritage conservation area | Must be in the rear yard |
| Number | One per lot where there is a dwelling on the lot |
| Exclusions | Not in a foreshore area, or on a heritage item or draft heritage item |
Source: Codes SEPP clause 2.20 and the definition of carport. A new driveway or gutter crossing also needs the road authority’s consent.
Garages by CDC: under the Housing Code, garages and carports that are not exempt can often be approved as complying development on residential lots that meet the lot size and width thresholds, subject to height, setback and garage door width standards. Built Smart Solutions can issue these CDCs.
Garden sheds, cabanas, gazebos and cubby houses
These outbuildings are covered by clause 2.18 of the Codes SEPP, and are not available on a heritage item or draft heritage item, in a foreshore area or in an environmentally sensitive area. Key standards:
- Floor area: up to 20 m² in most zones, and up to 50 m² in Zones RU1, RU2, RU3, RU4, RU6 and R5.
- Height: no more than 3 m above existing ground level.
- Location: at least 900 mm from boundaries (5 m in Zones RU1, RU2, RU3, RU4, RU6 and R5), behind the building line of any road frontage (except in Zones RU1 to RU4 and RU6), in the rear yard in a heritage conservation area, at least 1 m from a registered easement, and no more than 2 per lot.
- Use: non-habitable (NCC Class 10a). You cannot sleep in or live in an exempt shed or cabana.
- Bushfire prone land: non-combustible materials where required.
- Services: a cabana must not be connected to water supply or sewerage.
A “studio” or “home office” with a bathroom, or a shed fitted out for someone to live in, is not exempt. If it is self-contained, it is a granny flat and needs approval; see our granny flat approval guide.
Fences, retaining walls and earthworks
| Zone | Front / primary road | Secondary road | Side and rear |
|---|---|---|---|
| Residential (R1, R2, R3, R4) and RU5 | 1.2 m, at least 20% open above 400 mm | 1.2 m, at least 20% open above 400 mm (applies to half the secondary road length, from the corner) | 1.8 m; masonry no higher than 1.2 m |
| Zones RU1 to RU4, RU6, R5 and conservation zones | 1.8 m, post and wire or post and rail; masonry only within 3 m either side of the entrance from the primary road | ||
| Business, employment, mixed use and industrial zones | Up to 3 m, masonry no higher than 1.2 m, with openness requirements next to residential zones and roads | ||
Source: Codes SEPP clauses 2.34, 2.36 and 2.38. Residential fences are not exempt on a lot with a heritage item, along a road frontage in a heritage conservation area, on a flood control lot or in a foreshore area. Metal components must be low-reflective and factory pre-coloured; fences on bushfire prone land must be non-combustible or hardwood. Pool barriers must comply with the Swimming Pools Act 1992.
Retaining walls and earthworks are exempt only within tight limits: cut or fill of no more than 600 mm, a retaining wall no more than 600 mm high, at least 1 m from each boundary and from any easement, sewer or water main, at least 2 m from any other retaining wall, with drainage connected to the stormwater system, and not on a heritage item, a flood control lot or environmentally sensitive land. Anything bigger needs a CDC or DA and usually engineering.
Other common exempt works
| Work | Exempt? | Key points |
|---|---|---|
| Driveways, pathways and paving | Often | Height above ground, drainage and connection to a public road (driveway crossings need council approval) |
| Rainwater tanks | Often | Capacity, height, setback and connection standards apply |
| Solar panels and hot water systems | Often | Projection from the roof, heritage and installation standards |
| Privacy screens and shade structures | Often | Height, area and setback standards |
| Minor internal alterations | Often | Replacement or renovation only: no change to room layout or load-bearing capacity, no reduced light or ventilation, no change to fire safety or exits |
| Demolition | Only of structures that are themselves exempt | Demolishing a house needs a CDC or DA; see knock-down rebuilds |
| Change of use (commercial) | Sometimes | Only for the listed changes of use, where the building classification does not change (other than between Class 5 and Class 6) and no non-exempt works are done; see commercial CDCs |
| Swimming pools and spas | No, except a portable pool or spa | A portable pool or spa of up to 2,000 L in the rear yard, at least 1 m from boundaries, can be exempt. Any other pool needs a CDC or DA, a compliant barrier and registration |
| Granny flats | No | Need a CDC or DA; see granny flat approval |
| Structural alterations and additions | No | Need a CDC or DA |
How to check whether your work is exempt: step by step
Get the section 10.7 planning certificate
Order it from your council. It shows your zone and many of the constraints, such as heritage and bushfire prone land, but it does not settle the question on its own.
Identify the right structure type
Decide which Codes SEPP subdivision your work falls under: deck, pergola, carport, shed, fence, retaining wall and so on. Some projects combine several.
Measure against every standard
Check floor area, height, setbacks, distance behind the building line, cumulative limits and materials, using a survey or accurate site plan.
Check the exclusions
Confirm the land is not a heritage item and that no foreshore, heritage conservation area or bushfire requirement changes the answer.
Confirm the existing house is lawful
Exempt work added to an unapproved structure inherits its problem. See unapproved building work.
Get written advice if anything is borderline
If any standard is close or unclear, ask a certifier to confirm in writing. Built Smart Solutions’ exempt development advice does exactly this.
If it is not exempt, apply for a CDC
Most work that narrowly misses the exempt standards can be approved by CDC, which has a 10 or 20-day statutory determination period. See how to apply for a CDC.
If your project is not exempt: CDC or DA
Missing one exempt standard is common: a deck at 1.2 m above ground, a shed at 24 m², a carport forward of the building line. That does not mean a long council process. In most residential zones, work that exceeds the exempt limits can be approved as complying development under the Housing Code, which a registered certifier can issue. The statutory determination period is 10 days, or 20 where neighbour notice is required.
A DA is needed where the land is excluded from complying development (for example a heritage item), or where the design cannot meet the complying development standards. Our CDC vs DA guide explains the choice, and our town planning team handles DA preparation when it is the right route.
Once a CDC is issued for building work, you appoint a Principal Certifier and obtain an Occupation Certificate where required, as with any approved project.
What happens if you build without approval when you needed it
Building something that was not actually exempt is one of the most common sources of unapproved work in Sydney. The consequences can include:
- council orders to stop work, alter, repair or demolish the structure under the Environmental Planning and Assessment Act 1979;
- problems when you sell, because the buyer’s solicitor or building inspector identifies the work;
- insurance and finance complications for uncertified structures;
- the cost and delay of dealing with it after the fact, because there is no retrospective approval for work already built.
Our guide to unapproved building work in NSW explains the options if this has already happened.
Common mistakes with exempt development
Relying on the supplier or installer
Kit sellers often say “no approval needed”. The standards depend on your lot, your zone and where the structure goes.
Measuring floor area but not height
Sloping blocks catch people out: a deck that is level with the back door can be well over 1 m above ground at the far edge.
Ignoring the building line
Many exempt structures cannot go forward of the house towards the street.
Forgetting the cumulative limit
A second deck or patio may push the total over the limit.
Turning a shed into a living space
Once it has a bed, a kitchen or a bathroom for living, it is no longer exempt.
Assuming a heritage conservation area doesn’t matter
Some exempt structures have extra rules or are excluded in conservation areas.
Skipping the building code
Exempt work must still meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or be structurally adequate where there are none.
How Built Smart Solutions helps
Built Smart Solutions is a Sydney-based building certification and construction regulation firm, ISO 9001 certified, with registered certifiers and town planners working across Sydney and regional NSW.
| You need | Built Smart service |
|---|---|
| Written confirmation that your work is exempt | Exempt Development Advice |
| Approval for work that is not exempt | Complying Development Certificates |
| A DA where a CDC is not possible | Town Planning |
| Inspections and sign-off | Principal Certifier and Occupation Certificates |
| Help with work already built without approval | Strategic Regulatory Guidance |
On any one project, Built Smart Solutions acts as your certifier or as your planner or consultant, not both, so the certification stays independent.
We tell you straight whether your work is exempt, needs a CDC or needs a DA, and why. If it is exempt, you build with confidence. If it is not, we tell you whether a CDC is available. Meet the team.
Final verdict
Plenty of small projects in NSW genuinely need no approval, but “exempt” is a precise legal test. Every standard for the structure must be met on your particular lot. The most common problems come from relying on a supplier’s advice, sloping sites, the building line and heritage.
If you are planning a deck, pergola, shed, carport or fence anywhere in Sydney or NSW and want certainty, Built Smart Solutions can confirm whether it is exempt and, if not, approve it by CDC. See our exempt development advice, get a fee proposal or call (02) 9127 8249.
Frequently asked questions about council approval in NSW
Do I need council approval to build a deck in NSW?
Not if the deck is exempt development. Under the Codes SEPP an exempt deck can be up to 25 m², with its floor no more than 1 m above existing ground, the whole structure no more than 3 m high, at least 900 mm from boundaries in most zones and not forward of the building line. Decks that exceed these limits usually need a CDC or DA.
Can I build a pergola without approval in NSW?
Often, yes, if it meets every exempt standard for pergolas in the Codes SEPP, including area, height, setbacks and position behind the building line. Roofed pergolas attached to the house need checking against the gutter line and overhang limits, and pergolas on heritage items are not exempt.
How big can a shed be without council approval in NSW?
Under clause 2.18 of the Codes SEPP, an exempt garden shed can be up to 20 m² in most zones and up to 50 m² in Zones RU1, RU2, RU3, RU4, RU6 and R5, no more than 3 m high, behind the building line (except in Zones RU1 to RU4 and RU6) and at least 900 mm from boundaries (5 m in Zones RU1, RU2, RU3, RU4, RU6 and R5). It must not be used as living space.
Do I need approval for a carport in NSW?
Not if it is exempt. An exempt carport can be up to 20 m² on lots up to 300 m², 25 m² on larger lots, or 50 m² on larger rural and R5 lots, no higher than 3 m, open on at least 2 sides, at least 900 mm from boundaries in most zones and at least 1 m behind the building line. Enclosed garages generally need a CDC or DA.
How high can a fence be without approval in NSW?
In residential zones, an exempt fence along a road frontage can be up to 1.2 m and partly open above 400 mm, and side and rear fences up to 1.8 m, with any masonry no higher than 1.2 m. In Zones RU1 to RU4, RU6, R5 and conservation zones, fences can be up to 1.8 m but must be post and wire or post and rail. Other standards on materials and transparency also apply.
Is a swimming pool exempt development?
Not usually. Only a portable pool or spa of up to 2,000 L, in the rear yard and at least 1 m from boundaries, can be exempt. Any other swimming pool or spa needs a Complying Development Certificate or a development application, must have a compliant pool barrier and must be registered on the NSW Swimming Pool Register.
Can I build a granny flat without approval?
No. A granny flat is a self-contained dwelling and always needs a Complying Development Certificate or a development application, a Principal Certifier and, where required, an Occupation Certificate.
What is exempt development in NSW?
Exempt development is minor, low-impact work that does not need planning or building approval, provided it meets every development standard in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and meets the relevant deemed-to-satisfy provisions of the Building Code of Australia or, where there are none, is structurally adequate.
Can I do exempt development on a heritage property?
Exempt development cannot be carried out on land with an item listed on the State Heritage Register or subject to an interim heritage order. Many exempt structure types also exclude local heritage items or add requirements in heritage conservation areas, so check the standards for your structure and your land.
Do I need to tell my neighbours about exempt work?
There is no formal notification requirement for exempt development, although talking to your neighbours first is sensible. Some complying development, and most DAs, have notification requirements.
Does exempt work still have to meet the building code?
Yes. Exempt development must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, where there are none, be structurally adequate, and be installed to the manufacturer’s specifications. No approval does not mean no standards.
What if my project is just over the exempt limit?
It is not exempt. In most residential zones it can usually be approved as complying development, which a registered certifier can issue within a 10 or 20-day statutory period. A DA is needed where the land or design cannot meet the complying development standards.
How do I find out my zone and land constraints?
Order a section 10.7 planning certificate from your council. It states the zoning and many of the planning controls and constraints that apply, including heritage and bush fire prone land, but it does not give a bushfire attack level or settle exempt or complying status on its own.
What happens if I build something that wasn’t actually exempt?
The work is unapproved. Council can issue orders to stop, alter or demolish it, and it can cause problems at sale, with insurance and with finance. There is no retrospective approval, so what can be done depends on what was built and whether it complies.
Can Built Smart Solutions tell me if my work is exempt?
Yes. Built Smart Solutions provides written exempt development advice across Sydney and NSW and, as a registered certifier, can assess and issue Complying Development Certificates. On any one project we act as your consultant or your certifier, not both.
Not sure if your project needs approval?
Written exempt development advice and, where needed, a CDC from registered certifiers in Sydney. ISO 9001 certified.
Related reading from Built Smart Insights
Standards summarised here come from the Codes SEPP (reprint current 8 July 2026). Standards change and each structure has further requirements; always check the full Codes SEPP for your site. Nothing in this article is advice about a particular property. Legislative references were checked as at 6 November 2026. For advice on your property, contact Built Smart Solutions.
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