Small sheds, decks, fences and more — the projects that need no approval at all, and the fine print that trips people up.
Exempt development is exactly what it sounds like: minor work you can carry out without any planning approval, provided you follow the standards in the Codes SEPP and your council's LEP.
Common examples include small garden sheds, pergolas, decks below a certain height, fences, rainwater tanks, some tree removal, solar panels and minor internal renovations. Each category carries its own size, height, setback and location standards.
The mistake people make is assuming 'small' automatically means 'exempt'. A shed one size bracket up, a deck slightly too high, or work in a heritage conservation area can tip a project out of exempt and into needing approval — and councils can and do issue orders for unauthorised work.
Always check three things before you start: the exact exempt standards for your structure type, whether any overlay applies to your land (heritage, bushfire, flood, foreshore), and whether a covenant on your title restricts the work even when planning law allows it.
Ten minutes of checking beats an order to demolish. Our checklists walk you through each test in order.
Keep in mind
This guide is general education, not advice on your specific property. Planning requirements vary by council, site and proposal — confirm with your local council or book a consultation before acting.
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