Amendments to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) will allow a range of low impact works to be carried out as exempt development. These works need to meet criteria in this Codes SEPP in order to be carried out without council approval.
Example: Jason's garage, which is attached to his home, has been partially damaged by the bushfires. Jason can demolish as much as is necessary to make his home and garage safe.
Example: A State of Emergency was declared on 3 January 2020. On 23 January 2020, Linda’s home was partially damaged by bushfire. Linda may rebuild a non-load bearing wall without council approval up until 3 January 2022 (two years from the date of when the State of Emergency was declared).
If Linda wishes to rebuild a load bearing wall, then a development approval or complying development certificate is required.
Linda’s fence is also partially destroyed in the bushfire. Linda can repair the fence to the extent that the repairs result in the same size fence in the same location and with similar materials to the original fence.
Example: Carrie’s home was badly damaged in a bushfire. She can put a shipping container on her property for storage purposes for up to two years, provided the shipping container meets the relevant size and siting requirements. Alternatively, Carrie could put a shipping container on her neighbour’s property provided her neighbour has given consent.
Page last updated: 29/04/2021