On this page: 

• Exempt development
• Complying development

If your building project doesn’t fall within the parameters of Exempt Development or Complying Development, you will need to lodge a Development Application with Council.

Exempt development (no approval required)

Exempt development is minor development which result in a minor impact on the environment (e.g. fencing, small shed or low height landscape wall). Most properties are eligible but those parcels with constraints such as flood hazard or bushfire hazard or other restrictions will not qualify.

Subject to satisfying pre-specified standards, there is no need for planning or construction approval to be obtained for exempt development. Visit the Department of Planning and Environment page to see if your project is exempt development.

Any development and/or works being done as exempt development that may involve the disturbance and/or removal of asbestos materials is to be done in accordance with the provisions of Safework NSW guidelines and to Australian Standard AS 2601 - 2001, Demolition of structures.     

Complying Development

Complying Development is development that is considered to have a minor environmental impact on neighbourhood amenity which can be addressed by predetermined development standards which has not been specifically declared as exempt under the provisions of:

• State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or 
• State Environmental Planning Policy (Housing) 2021 - NSW Legislation.

Complying development is completed under a separate process to a development consent and construction certificate.

Types of complying development include internal alterations to a house, a new single dwelling, a secondary dwelling or a below ground swimming pool. Visit Complying Development | Department of Planning NSW for further information.

Some properties are restricted from doing complying development due to certain attributes, such as high level bushfire prone areas, acid sulfate soils or particular environmentally sensitive zones. For more information regarding the attributes of your property, refer to mapping constraints.

A Principal Certifier (PC) will need to be appointed to monitor the works during construction. Council, or a private accredited certifier, can grant a CDC (and act for you in this regard).

A complying development certificate can only be issued if:

• the proposed development fully complies with the specific requirements and criteria, and
• complies with the Australian Building Codes Board and the Environmental Planning and Assessment Act 1979

The NSW Fair Trading has information about consumers’ rights and responsibilities when building or subdividing land, as well as the important role of the Principal Certifier.

If your project is not considered exempt or able to be built using Complying Development standards, search Council's planning rules for your property to see if it is permitted with development consent. If this is the case you will need to lodge a Development Application.                                                                           
                                                                                                                                          
We also have a number of tools to help you with understanding if you need a development application. Click the below buttons to understand what you can do on your property and how much it may cost.