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Exempt and Complying Development

 

The rules for Exempt and Complying Developments changed from 27 February 2009, with the State Government's introduction of  State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the NSW Housing Code.

The Code outlines how developments including detached single and two-storey dwellings, home
extensions and other ancillary development, such as swimming pools, can proceed as complying
development. Proposals which satisfy the Code will receive approval from an accredited certifier within 10 days.

The NSW Housing Code also specifies 40 types of minor developments that can proceed as exempt
development. Exempt development typically covers small-scale structures associated with a dwelling such as: garden sheds and carports, balconies, decks and verandahs, pergolas and fences, rainwater tanks, and fixed barbecues.

If a proposed development is covered by both a local council’s complying development code and the NSW Housing Code (eg. a two-storey house), during a transition period of 12 months from 27 February 2009, homeowners can progress their proposal using either process. However from 27 February 2010, the Housing Code only will apply.


The information below provides further information about the new system or you can access information regarding Council's Exempt and Complying Development Rules.

New Exempt and Complying Development Rules

You can download a copy of the Codes SEPP and the General Housing Code. The Department of Planning has also prepared a number of Fact sheets.

For further information please contact the Department of Planning by email or call their information service 9228 6333.

For information regarding the SEPP and its applicability to individual properties, you are advised to obtain a Section 149(2) Certificate from Council. An Exclusions Map is also available to view, however, please note that this is indicative only.