Some minor renovations and low-impact building works don’t require planning approval. This is called exempt development.
Exempt development is low-impact work that can be carried out on certain residential, commercial, and industrial properties and can include:
- building a deck
- installing a garden shed
- adding a carport
- putting up a fence
- repairing a window
- painting a house.
If your project meets the exempt development building standards in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, you may not need planning approval.
Frequently asked questions
If your project doesn’t meet the exempt development standards, you can apply for approval through the complying development process or a development application.
Exempt development cannot take place:
- in wilderness areas or critical habitats for endangered species
- on land listed on the State Heritage Register or under an interim heritage order
- on public land or over a public road (even for temporary structures) unless approval is obtained from the relevant council or Transport for NSW.
Other exclusions may apply depending on the works being carried out. The relevant development standards will state what other exclusions apply. For example, limiting works for heritage conservation areas.
All work must be structurally sound, installed according to the manufacturer’s instructions and comply with the National Construction Code.
Buildings built before 1987 may contain asbestos. If you're unsure, have the area assessed by a qualified professional before starting any renovation or maintenance work. For more information, visit Asbestos Awareness, phone 1800 Asbestos (1800 272 378), or read the Asbestos removal – exempt and complying development – Fact sheet (PDF, 109 KB).
Yes, sometimes.
Even if your project is considered exempt development, you may still need separate approvals or licences from council or utility providers before you start. For example, you may need:
- council approval for some structures in or over a public place
- road authority approval to build or change a kerb, crossover, driveway, or do work on a public road or footpath
- environmental or fisheries approval for work on waterways
- tree approval before removing or pruning trees or vegetation – check your council’s tree preservation rules
- utility approval if your work is near water, stormwater, sewer, electricity, or telecommunications infrastructure – this applies even if it’s outside an easement.
Check with your local council and relevant utility providers early to avoid delays.
No. The policy does not override other laws or legal requirements. This means:
- You must have the landowner’s permission to do any work on their land.
- Neighbouring owners are still required to share the cost of maintaining a dividing fence, where the law applies.
- Any covenants, restrictions or legal agreements on the land still apply, including those set by council and planning instruments.
Resources
- Exempt development – Arabic – Brochure (PDF, 680 KB)
- Exempt development – Chinese Simplified – Brochure (PDF, 458 KB)
- Exempt development – Hindi – Brochure (PDF, 677 KB)
- Exempt development – Korean – Brochure (PDF, 340 KB)
- Exempt development – Vietnamese – Brochure (PDF, 724 KB)
- Understanding exempt development (PDF, 272 KB)
More information
For more information about exempt development, email [email protected]