Exempt development

Temporary structures and temporary uses of land and buildings are outlined in the State Policy. They include:

  • scaffolding, hoardings and temporary construction site fences
  • temporary builder’s structures
  • temporary structures and alterations or additions to buildings for filming
  • tents or marquees used for filming and private functions
  • tents, marquees or booths for community events
  • stages or platforms for private functions
  • stages or platforms for community events
  • additional temporary development including major events sites and Sydney Cricket Ground
  • temporary extension of trading hours for Christmas and licensed premises.

To be considered exempt development, temporary uses and structures must:

  • have written consent from the owner of the land where development is happening (this includes a council or other public authority)
  • not restrict any car parking or any access to or from the land
  • be able to resist loads determined in accordance with the relevant Australian and New Zealand Standards
  • must be appropriately installed and comply with the Building Code of Australia (BCA)
  • be erected on a surface that is firm and level
  • have an approval for the use of the land related to the purpose of the temporary structure
  • not redirect the flow of any surface water or ground water or cause sediment to be transported onto an adjoining property
  • not result in damage to any protected tree on or adjoining the site.

The person carrying out the development must also have a public liability insurance policy for an amount agreed to by the owner of the land.

Read the provisions in the State Policy for a list of development standards relating to temporary structures as exempt development.

Exempt development exclusions

Exempt development cannot take place within a wilderness area or critical habitat of an endangered species, population or ecological community.

Exempt development cannot occur on land that is, or on which there is, an item that is listed on the State Heritage Register or that is subject to an interim heritage order.

Structures located on public land or over a public road (even temporary structures) must have approval from the relevant council or Roads and Maritime Services.

Tents, marquees and booths for community events

Constructing or installing tents, marquees or booths up to 500 m2 for community events may be done as complying development. The State Policy provides a list of development standards.

The State Policy also identifies specific development standards relating to:

  • stages or platforms for community events
  • major events at Sydney Olympic Park.

More information

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