What is Exempt and Complying Development?
These are developments that do not require lodgement of a Development Application (DA) due to their low-impact nature and scale.
Exempt Development requires no approval, Complying Development requires approval.
This is of benefit to property owners and Council as it removes over-processing of development proposals for low-impact developments resulting in savings of time and money.
To support this initiative, the NSW State Government published a planning instrument called “State Environmental Planning Policy (Exempt and Complying Development Codes)” (the Codes SEPP) in 2008. It details Exempt Development and the following 3 Categories of Complying Development:-
- The General Housing Code (commonly referred to as the NSW Housing Code) - provides for approval of residential developments including detached single and double storey dwellings, home extensions and other ancillary development on lots of greater than 450m2
- The Housing Internal Alterations Code – provides for approval of internal renovations to an existing dwelling house
- The General Commercial and Industrial Code – provides for approval of internal alterations to commercial and industrial premises, minor external building alterations and change of use inside some commercial and industrial premises.
Council also has planning instruments, i.e Local Environmental Plan (LEP) and Development Control Plans (DCPs) that detail other Exempt and Complying Development standards. Where a type of development, e.g, a shed, is listed as Exempt Development in the Codes SEPP, Council’s LEP does not apply. For Complying Development, where Council standards vary from those provided in the Codes SEPP, applicants can choose whichever instrument is most suitable to their needs. Whichever instrument is chosen must be used in its entirety – you cannot use aspects of both the Codes SEPP and Council’s standards.
Before you start building it is important to determine what type of planning approval you need. The earlier you consider this, the easier the planning process will be, as you will be able to design your development around the rules that apply.
Exempt Development
Exempt Development is development that has minimal environmental impact and does not require any planning or construction approval subject to satisfying pre-specified standards. Exempt Development typically covers minor “do it yourself” work such as erecting a small pre-fabricated structure like a garden shed or cubby house.
More examples of Exempt Development include access ramps, aerials and antennae, air-conditioning units, aviaries, awnings, blinds and canopies, balconies, decks, patios, pergolas, terraces and verandahs, barbeques, cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses, carports, clothes hoists and clothes lines, communications dishes (radio and satellite), demolition, driveways, earthworks and retaining walls, farm buildings and structures, fences (non-rural) and fences (rural), flagpoles, fowl and poultry houses, landscaping structures, letterboxes, minor building alterations (internal and external), pathways and paving, playground equipment, portable swimming pools and spas and child-resistant barriers, privacy screens, rainwater tanks (below and above ground), scaffolding, screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs), shade structures of canvas, fabric, mesh or the like, skylights, roof windows and ventilators, solar water heaters and photovoltaic systems, temporary builders structures, water features and ponds and windmills.
Exempt Development is identified in the Codes SEPP and includes predetermined standards outlining the size, type and location of the building work for it to be exempt from any planning or construction approval.
Electronic Housing Code (EHC)
The Electronic Housing Code (EHC) is an online system for the electronic lodgement of complying development applications under the NSW Housing Code for lots 200m2 and above. For more information visit our Online Planning Approvals page.
The documents detailing Exempt Development can be accessed by following the links below
Complying Development
Complying Development is a quick and simple approval alternative to the DA process for developments that have a greater impact than Exempt Development, but are still considered to have minor environmental impact on neighbourhood amenity and which can be addressed by predetermined development requirements. Types of Complying Development include internal alterations to a house, a new single dwelling and an inground swimming pool.
There are 2 criteria of predetermined requirements that must be met:-
1. Land Based Requirements – These are requirements that apply to the general locality, and the site specifically. Some criteria that potentially rule out Complying Development include bushfire prone land, flood prone land or work on an item of heritage significance
2. Numerical Development Standards – These are requirements that limit the scale of development such as maximum height, minimum setbacks and compliance with the Building Code of Australia (BCA).
A planning certificate (referred to as a 149 (2) Certificate) can be issued by Council. This document states whether the Land Based Requirements prevent Complying Development from be carried out on the property . Although this is not compulsory, it is recommended as it will alleviate the need to answer some complicated questions. Alternately, you can ask Council staff whether land based requirements apply to your land.
Electronic Housing Code (EHC)
The Electronic Housing Code (EHC) is an online system for the electronic lodgement of complying development applications under the NSW Housing Code for lots 200m2 and above. For more information visit our Online Planning Approvals page.
Documents detailing Complying Development can be accessed by following the links below:-
Development that fully satisfies the Complying Development criteria (land based requirements & numerical development standards) will receive a “Complying Development Certificate” approval within 10 days. Neighbour notification is not required prior to approval, however it is always encouraged and it is a condition of approval that neighbours within 20m of the site are notified two days before works commence.
Complying Development involves self-assessment prior to lodging an application.
The 10 day time frame means that prior to lodging the application, an applicant/owner needs to ensure that their proposal will fully satisfy the specific criteria for that type of development, as there is no opportunity to defer or amend a Complying Development Certificate application.
The legislation provides for refusal if the application for Complying Development does not fully satisfy the criteria.
Our team of qualified, professional and accredited Building Certifiers will assess your Complying Development Application and can assist you through the entire process from approval to finalisation of construction. Please feel free to contact us at anytime on (02) 9843 0431.