Environment & Planning
3. Exempt Development
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 26 Jul 2015
- Small renovations or minor projects that do not require any planning approval are called exempt developments.
- Exempt developments include minor building additions or alterations such as:
- fences;
- carports;
- sheds;
- driveways;
- rainwater tanks;
- pergolas;
- small internal renovations; and
- putting up antennas.
- All states and local councils in Australia use different classifications for development.
- To be considered an exempt development in New South Wales the building project or renovation must:
- comply with the standards and requirements listed in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW):
- be of minimal environmental impact; and
- not be on land that is a critical habitat, wilderness area or heritage listed under the following legislation:
- the Threatened Species Conservation Act 1995 (NSW);
- the Fisheries Management Act 1994 (NSW);
- the Wilderness Act 1987 (NSW); and
- the Heritage Act 1977 (NSW).
- There are 3 types of exempt development:
- general;
- advertising and signage; and
- temporary uses and structures.
- The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW) lists the development standards that must be met before a development can be classified as exempt development. You must check the policy and the development codes to make sure your intended development meets the requirements.
- You can also find relevant and up-to-date information from the NSW Planning website: http://www.planning.nsw.gov.au/en-us/buildinginnsw/exemptandcomplyingdevelopment/exemptdevelopment.aspx.
- You should check your local council’s planning and development codes to verify whether your proposed development constitutes an exempt development before starting your development.
- Even if your proposed development constitutes as exempt development you will still need to ensure that it:
- complies with the Building Code of Australia; and
- complies with any other relevant legislation.
- If you are unsure about your compliance obligations under the law it is important that you speak to your local council or a lawyer in your state or territory. Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
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