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Exempt and Complying Development Policy

The State Policy for exempt and complying development is contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy).

 

Exempt development

Did you know that you can do some minor building works to your house, shop or business without a development application? This is called exempt development. This means that low impact works not requiring a full merit assessment by council can be done more quickly and with less cost. A few examples of development that can be exempt development are:

  • decks
  • garden sheds
  • carports
  • fences
  • repairing a window
  • painting a house

As long as the proposed works are low impact and meet all of the development standards (identified in the State Policy) a planning or building approval may not be needed.

 

Complying development

Complying development is a combined planning and construction approval for straightforward development that can be determined through a fast track assessment by a council or private certifier. Complying development applies to homes, businesses and industry and allows for a range of things like the construction of:

  • a new dwelling house
  • alterations and additions to a house
  • new industrial buildings
  • demolition of a building
  • changes to a business use

This means that routine works that comply with the development standards in the State Policy and do not require a full merit assessment by council, can be done more quickly and with less cost.

 

Current initiatives

Recycling equipment as exempt development

We’re proposing an amendment to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 to make low impact recycling equipment, such as reverse vending machines, a form of exempt development.

 

This amendment supports the Environment Protection Authority’s (EPA) initiatives to reduce litter in NSW by 40 per cent by 2020. Under the EPA scheme, from 1 December 2017 anyone can return empty eligible drink bottles or cans to an approved NSW collection depot or reverse vending machine for a 10-cent refund.

 

The Explanation of Intended Effect Amendment to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 to allow Collection Infrastructure as Exempt Development is available for public comment from 29 March 2017 until 26 April 2017 at planning.nsw.gov.au/proposals.

 

View the FAQs

More information

For more details on exempt and complying development see the NSW Planning Portal.

 

Page last updated: 29/03/2017