Exempt development

A change of use happens when a business or building is used for a different business or activity than before.

Changing the use of a building or business may not always need a development application. In some cases, you can make the change as exempt development, meaning no planning approval is required.

Changes of use without planning approval must meet exempt development requirements in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP).

A change of use can be exempt development if:

  • the new use is in the same business category as the existing use
  • the current use is lawful
  • the new use is permissible in the zone
  • there is no increase in gross floor area
  • the building already meets fire safety and building code requirements.

Minor building work can be carried out as part of a change of use if the work is also exempt development. For example, when a shop becomes an office, small internal changes may not need approval.

Note: A change from one type of retail shop to another is not considered to be a change of use, but a change of tenant.

Business categories

Planning approval is not required if the existing and proposed uses stay within the same categories.

CategoryExisting usesProposed use allowed without approval
Category 1
  • Business premises
  • Office premises
  • Shop
  • Public administration building
  • Business premises
  • Office premises
  • Shop
  • Kiosk
  • Public administration building
Category 2
  • Landscaping material supplies
  • Hardware and building supplies
  • Garden centre
  • Plant nursery
  • Rural supplies
  • Timber yard
  • Vehicle sales or hire premises
  • Landscaping material supplies
  • Hardware and building supplies
  • Garden centre
  • Plant nursery
  • Rural supplies
  • Timber yard
Category 3
  • General industry
  • Light industry (other than artisan food and drink)
  • Packaging industry
  • Warehouse or distribution centre (other than local distribution)
  • Wholesale supplies
  • Light industry (other than artisan food and drink)
  • Packaging industry
  • Warehouse or distribution centre (other than local distribution)
  • Wholesale supplies
  • Self‑storage premises

For the full list of development standards for exempt change of use cases, see the relevant section of the Codes SEPP.

For more information read Understanding exempt development (PDF, 266 KB).

Complying development

If your proposed change of use does not meet exempt development requirements, you may still be able to proceed through the complying development pathway.

For a full list of development standards for complying change of use cases, see the relevant section of the Codes SEPP.

For more information, read the Complying Development for Business and Industry: A Pocket Guide (PDF, 1,578 KB) or the Guide to Complying Development (PDF, 7.2 MB).

Hairdressers, barbers and beauty salons

For more information, watch the video and read the Setting up a hairdresser or barber shop – Fact sheet (PDF, 202 KB).

Did you know it's easy to open a hairdresser, barber or beauty salon in your neighbourhood?

Cafes and restaurants

For more information, watch the video and read the Setting up a restaurant or cafe – Fact sheet (PDF, 2 MB).

Did you know it's easy to open a cafe in your neighbourhood?

Retail shops and offices

For more information, watch the video and read:

For more information on businesses that can access these planning pathways, read:

Did you know it's easy to open a retail shop or office in your neighbourhood?

Related information

More information

For more information, email the Codes team at [email protected]