Exempt Development

What is Exempt Development?

Exempt development refers to certain home renovations and small-scale building projects that don't require approval from a local council or private certifier. These projects are allowed as long as they meet specific standards set out in the relevant planning policies. If your project complies with these standards, you can skip the formal planning and building approval process.

How to Know if Your Project is Exempt Development

For a project to qualify as exempt development, it must fully comply with all the development standards laid out in the policy. These standards cover things like:

  • The number and type of developments allowed on a property

  • Where the development can be placed and its size or height

  • Operational hours and noise limits

If your project does not meet every one of these standards, it will require a different form of approval.

Important Considerations for Exempt Development

Exempt development is only allowed for projects with minimal environmental impact. There are some areas where exempt development is not permitted, including:

  • Declared areas of outstanding biodiversity under the Biodiversity Conservation Act 2016

  • Critical habitats under the Fisheries Management Act 1994

  • Wilderness areas under the Wilderness Act 1987

  • Properties listed on the State Heritage Register

If your property is only partially affected by heritage restrictions, you might still be able to carry out exempt development on parts of the land that aren’t affected.

Exclusions and Special Rules

In some cases, additional restrictions apply to exempt developments. For example:

  • Carports are not allowed on local heritage properties.

  • Hardstand areas and driveways may not qualify as exempt development in foreshore or environmentally sensitive areas.

These exclusions are detailed in the development standards for each project type.

Local Variations

Certain councils may allow variations to the general standards for exempt development in specific areas. These local rules are outlined in the policy, and any unique requirements for your location will be listed.

Safety and Compliance

All exempt development projects must comply with the Building Code of Australia. This ensures the work is structurally sound and follows all relevant guidelines. The project should not cause an existing building to violate the Building Code either.

Additional Approvals You Might Need

For some exempt developments, you may still need approvals from local authorities or service providers. Examples include:

  • Approval under the Local Government Act 1993 for structures in public spaces

  • Permissions for work on public roads or footpaths under the Roads Act 1993

  • Licences for waterway structures or environmental protections

  • Tree removal or pruning, which may require council approval

You should also check with utility providers if your project is near water, sewer lines, power lines, or telecommunications facilities.

Examples of Exempt Development include, but aren’t limited to:

  • Aerials, antennae, and communication dishes

  • Air-conditioning units

  • Aviaries

  • Awnings, blinds, and canopies

  • Balconies, decks, patios, pergolas, terraces, and verandahs

  • Barbecues and outdoor cooking structures

  • Cabanas, cubby houses, ferneries, garden sheds, gazebos, and greenhouses

  • Carports

  • Clothes hoists and clotheslines

  • Demolition works

  • Driveways and hardstand areas

  • Earthworks, retaining walls, and structural supports

  • Emergency repairs and work

  • Evaporative cooling units (roof-mounted)

  • Fencing (in certain zones)

  • Pool fencing (in certain zones)

  • Flagpoles

  • Garbage bin storage enclosures

  • Home businesses, home industries, and home occupations

  • Hot water systems

  • Landscaping structures

  • Letterboxes

  • Maintenance of buildings in heritage conservation areas (draft)

  • Minor internal or external building alterations

  • Pathways and paving

  • Playground equipment

  • Portable swimming pools, spas, and child-resistant barriers

  • Privacy screens

  • Rainwater tanks (above or below ground)

  • Roller shutter doors adjoining lanes

  • Screen enclosures for balconies, decks, patios, pergolas, terraces, and verandahs

  • Shade structures (made of canvas, fabric, mesh, etc.)

  • Skylights, roof windows, and ventilators

  • Stairways

  • Street libraries

  • Subdivision

  • Sculptures and artworks

  • Tennis courts

  • Water features and ponds

  • Minor alterations to waterway structures

These examples represent common types of exempt development, allowing homeowners to make improvements and modifications without going through a formal approval process, provided all relevant standards are met.

Expert Support

We've partnered with town planners to provide expert advice on exempt development. Leave the drawings to us, and we’ll handle the entire project management process, ensuring your renovation is smooth and hassle-free.