Not every building project in NSW requires a development application or a complying development certificate. Exempt development allows homeowners to carry out certain small-scale works without any formal council approval, provided the project meets strict criteria set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. At Dura Group Building & Renovations, we help homeowners across the Sutherland Shire, Inner West, and surrounding areas understand what they can and cannot build before picking up a single tool.
Getting this wrong can be expensive. Council stop-work orders, fines, and mandatory demolition are all real consequences when work that should have gone through the council approval process is incorrectly treated as exempt. This guide covers the most common exempt works, the limits that apply, and the situations where exemptions do not apply at all.
What is exempt development under NSW planning law?
Exempt development is a category of building work that is so minor it does not require any approval from council or a private certifier. The NSW Government defines these works in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, commonly called the Codes SEPP. If your project meets every condition listed for that type of work, you can proceed without lodging paperwork or paying application fees.
The logic is simple. A garden shed under a certain size has minimal impact on neighbours, streetscape, or stormwater. Requiring a full DA for that shed would waste council resources and homeowner time. But the exemption only applies when every condition is met. Miss one requirement and the work becomes unapproved, which councils treat the same as building illegally.
Exempt development sits below two other approval pathways. A Dura Group CDC approvals explains the differences, but in short: exempt development is for the smallest projects, complying development (CDC) covers mid-range works with a fast-track process, and a full DA handles everything else.
What are the most common exempt development works in NSW?
The most frequently used exemptions cover garden sheds, carports, pergolas, decks, fences, retaining walls, and minor internal renovations. Each has specific size, height, and setback requirements that must be followed exactly.
Can you build a deck without approval in NSW?
Yes, timber decks are exempt if they are no more than 600mm above existing ground level at any point and do not exceed a combined area of 25 square metres. The deck must be at least 1.5 metres from any side or rear boundary and must not reduce the landscaped area below minimum requirements. Decks attached to a dwelling also need to maintain appropriate setbacks from neighbouring windows to preserve privacy.
Many homeowners in suburbs like Jannali and Gymea have sloping blocks where ground level varies. A deck that appears low at the front may exceed 600mm at the rear, disqualifying it from exempt status. We recommend measuring at the lowest point of the land where the deck will sit, not at the house connection.
Are garden sheds exempt development?
Garden sheds up to 20 square metres in floor area and 3 metres in height are generally exempt in residential zones. The shed must be located behind the building line, at least 900mm from side and rear boundaries, and must not be habitable or connected to plumbing. It cannot include a mezzanine or second level.
On lots smaller than 300 square metres, the maximum shed size drops to 10 square metres. This catches out owners of smaller blocks across Sydney who assume the standard 20 square metre allowance applies to them.
Can you build a carport without council approval?
A carport is exempt if it has a maximum floor area of 20 square metres, a height no greater than 3 metres, and is open on at least two sides. The carport must be behind the building line and cannot be located over an easement. If the carport has a roof that connects to the house, the junction must be properly flashed and not alter structural elements of the existing dwelling.
What about pergolas and gazebos?
Pergolas with a floor area up to 20 square metres and a maximum height of 3 metres qualify as exempt development. The structure must be freestanding or attached to the dwelling without altering the roofline. Roofed pergolas (those with a solid covering) still count as exempt provided they meet all dimensional limits, but adding walls or enclosing the space may push the project into CDC or DA territory.
Are fences exempt development in NSW?
Front fences up to 1.2 metres and side/rear fences up to 1.8 metres are exempt in most residential zones. Fences above these heights need approval. Masonry (brick or block) fences above 600mm in height are not exempt and require either a CDC or DA, because they have structural implications and require engineering design.
What minor internal renovations are exempt?
Non-structural internal alterations, such as replacing a kitchen, updating a bathroom fitout, installing new flooring, or painting, are exempt provided no load-bearing walls are altered and no changes are made to the building envelope. You do not need approval to replace cabinetry, move a toilet within an existing wet area, or install new lighting.
However, if you are moving plumbing to a new location, removing or modifying a structural wall, or changing the floor plan in a way that affects fire separation between units, approval is required. A renovation budget breakdown should always account for whether approvals are needed, because they add both cost and time.
What are the general size and height limits for exempt development?
Most exempt structures are capped at 20 square metres in floor area and 3 metres in overall height. These are hard limits, not guidelines. Setback requirements (distance from boundaries) vary by structure type but typically require at least 900mm from side and rear boundaries.
There are also cumulative limits. If you already have one exempt shed of 15 square metres, adding a second 10 square metre shed may exceed the total allowable exempt area on your lot. The Codes SEPP sets maximum combined areas for outbuildings, so each new structure must be assessed in context of what already exists on the property.
What is NOT exempt development in NSW?
Several property types and geographic conditions automatically disqualify work from exempt status, regardless of the project’s size or scope. These exclusions exist because certain land carries higher environmental, heritage, or safety risks that demand formal assessment.
Does heritage listing affect exempt development?
Yes. Properties listed as heritage items, or located within a heritage conservation area, cannot use most exempt development provisions. This is one of the most common traps for homeowners in the Inner West, where large sections of Leichhardt, Balmain, and Annandale fall within heritage overlays. Even building a simple fence or garden shed may require a DA if your property is heritage-affected.
If you own a property in a heritage zone, understanding Inner West heritage overlay requirements is an important first step before planning any work. Dura Group has completed projects across these suburbs and can advise on what triggers heritage assessment.
Are properties in bushfire-prone areas excluded?
Properties mapped as bushfire-prone land (BPL) face additional restrictions on exempt development. The Codes SEPP excludes certain structure types from exempt provisions on BPL, particularly timber decks, pergolas, and outbuildings that could contribute to ember attack or radiant heat exposure. Homeowners in suburbs bordering bushland (areas along the Royal National Park fringe, for instance) should check their bushfire rating before assuming any outdoor structure is exempt.
What about flood-prone land?
Land identified as flood-prone in a council’s local environmental plan is excluded from many exempt development categories. Structures that would otherwise qualify (sheds, carports, decks) may need full assessment because of the potential to obstruct overland flow paths or be damaged in flood events. Parts of the Georges River corridor and low-lying areas around Wolli Creek are common examples where flood mapping applies.
Does the lot size matter?
Lots smaller than 300 square metres trigger reduced exempt development allowances. Maximum floor areas for sheds and outbuildings drop from 20 square metres to 10 square metres. On lots under 200 square metres, some exemptions do not apply at all. This is relevant across Sydney’s newer subdivisions and dual-occupancy developments where lot sizes are tight.
What mistakes do homeowners commonly make with exempt development?
The most frequent mistakes involve exceeding height or size limits by a small margin, ignoring boundary setbacks, and failing to check heritage or flood mapping before starting work.
Here are 5 errors we see regularly:
- Measuring height from the wrong datum. Height is measured from existing ground level, not from a filled or excavated surface. Homeowners who level a site before building may inadvertently create a non-compliant structure.
- Ignoring cumulative floor area. Adding a new shed without accounting for existing outbuildings can push total area beyond the exempt threshold.
- Assuming all internal work is exempt. Removing a wall that turns out to be load-bearing, or relocating plumbing beyond an existing wet area, crosses into approval-required territory.
- Not checking the planning certificate. Section 10.7 certificates (formerly Section 149) reveal whether land is heritage-listed, flood-affected, or bushfire-prone. Skipping this check is the most common cause of compliance issues.
- Building before confirming zoning. Exempt development provisions vary between residential, rural, and industrial zones. A structure exempt in an R2 zone may not be exempt in an R3 or E4 zone.
In the Sutherland Shire council approval process, compliance officers actively patrol and respond to neighbour complaints. A shed built 50mm too close to a boundary can trigger an order to demolish or relocate the structure.
How do you confirm if your project qualifies as exempt development?
You can confirm exempt status by checking the Codes SEPP provisions against your specific property constraints using the NSW Planning Portal’s online tool. The process involves three steps:
- Identify your property constraints. Order a Section 10.7 planning certificate from your local council. This document reveals heritage listings, flood mapping, bushfire status, and zoning. In the Sutherland Shire, these cost around $60 and are available online through Sutherland Shire Council’s planning portal.
- Match your project to the Codes SEPP. Look up the specific structure type (deck, shed, fence) in the SEPP and confirm every condition is met. Pay close attention to setbacks, height, floor area, and any exclusions for your land type.
- Document your compliance. While no formal application is required, keeping measurements, photos, and a copy of the relevant SEPP provisions protects you if a neighbour or council officer queries the work later. This documentation is especially useful if you sell the property and the buyer’s solicitor requests proof of compliance.
The NSW Planning Portal at www.planningportal.nsw.gov.au includes an interactive tool where you can enter your address and proposed work type to check exempt status. However, the tool relies on accurate data entry, so cross-referencing against your planning certificate is always worthwhile.
Why is getting exempt development wrong so costly?
Building work that does not comply with exempt development conditions is classified as unauthorised, exposing you to stop-work orders, fines up to $1.1 million (for corporations) or $440,000 (for individuals), and mandatory demolition orders.
Council enforcement follows a predictable pattern. A neighbour complains or an officer notices non-compliant work during a routine inspection. Council issues a notice of intention to serve an order, giving you 28 days to respond. If the work does not comply, a demolition or modification order follows.
The financial impact goes beyond fines. Demolishing a completed structure, rebuilding to a compliant design, and potentially lodging a retrospective DA (which councils can refuse) adds thousands of dollars and months of delay to what was supposed to be a simple project. For homeowners planning to sell, unauthorised structures can derail property settlements or reduce sale prices when discovered during due diligence.
Where a project sits just outside exempt thresholds, a CDC approval service offers a faster alternative to a full DA. A CDC is typically issued within 20 days and covers a wide range of residential works that exceed exempt limits but still meet predetermined standards.
How do exempt development rules apply in the Sutherland Shire and Inner West?
Both the Sutherland Shire and Inner West councils apply the state-wide Codes SEPP, but local environmental plans add property-specific constraints that can override exempt provisions.
In the Sutherland Shire, many properties along the Woronora River, Hacking River, and Georges River are mapped as flood-prone. Properties in suburbs like Engadine and Heathcote that back onto the Royal National Park carry bushfire-prone land designations. Both constraints reduce or eliminate exempt development options for outdoor structures. Dura Group has worked extensively across the Shire, including projects for builders in Jannali and Gymea builders, and we understand which blocks carry these overlays.
In the Inner West, the primary constraint is heritage. Suburbs like Leichhardt, Haberfield, and Annandale have extensive heritage conservation areas. A homeowner in Leichhardt who wants to build a simple timber deck may find their property falls within a conservation area, disqualifying the deck from exempt status even though it meets all size and height criteria. Working with experienced builders in Leichhardt who know the local heritage maps saves time and avoids wasted effort.
Regardless of location, the first step is always checking your property’s specific constraints before assuming any exemption applies. A BASIX certificate may also be required for certain works that affect energy or water usage, even if the structural component is exempt.
Ready to confirm what you can build without approval?
If you are planning a deck, shed, carport, or renovation and want to be certain about approval requirements, Dura Group can help. We review your property constraints, confirm whether your project qualifies as exempt development, and manage the CDC or DA process if approval is needed. Get in touch with our team to discuss your project across the Sutherland Shire, Inner West, or greater Sydney.
