You are building a deck, pergola, or carport – do you need council approval? In NSW, VIC, and QLD, small structures may qualify as “exempt development” (no DA required) if they stay within state-legislated thresholds on size, height, and boundary setback. This tool checks your project against those thresholds and flags overlays that override them.
Important: Fines for building without approval can reach $110,000 for individuals in NSW. This tool is a general guide only, using state legislation. Local council overlays (heritage, bushfire, flood, foreshore) can invalidate exempt status. Always confirm with your council before starting.
Do I need council approval?
Answer 6 questions to see whether your project is likely exempt from council approval under state legislation. This is a guide only – overlays and local planning rules can override the state rules.
Want 3 free quotes from licensed local tradies?
Tell us about your project. Up to 3 licensed Australian tradespeople in your area will contact you within 2 business days. Free for homeowners. No account needed.
What "exempt development" means in Australia
Every state legislates certain small building works as exempt from council approval - meaning you can build without a Development Application (DA) or Complying Development Certificate (CDC). The trade-off: your project must stay within very specific rules on size, location, and construction. Get any dimension wrong and the exemption collapses, and you are building illegally.
The three biggest structures homeowners ask about are decks, pergolas, and carports. Each has different exempt thresholds in each state, plus a set of "you can only be exempt IF" side conditions - things like setback from boundary (usually 900 mm minimum), materials (some states require non-combustible), colour (heritage overlay areas), and whether the structure is in front of the main house (carports in particular).
State-by-state exempt-development thresholds (2026)
NSW
NSW SEPP (Exempt and Complying Development Codes) 2008 is the governing legislation. Exempt structures generally get to 25 m2 max, with 900 mm setback and 3 m height limits. Key SEPP subdivisions to know:
- Subdivision 15 - Decks: max 25 m2, floor max 1 m above ground, 900 mm setback
- Subdivision 34 - Pergolas: max 25 m2, max 3 m height, open sides, 900 mm setback
- Subdivision 6 - Carports: max 25 m2, max 3 m height, open on 2+ sides, behind main building line
Full source: NSW SEPP (Exempt and Complying Development Codes) 2008. Even within exempt-dev, some LGAs (Sydney CBD, older suburbs with heritage listings) impose additional restrictions.
VIC
Victoria splits approvals into building permits (Building Regulations 2018) and planning permits (Planning and Environment Act 1987, plus your council's planning scheme). A structure may be exempt from a building permit but still need a planning permit, or vice versa. This is a common source of confusion.
- Decks: exempt from building permit if under 20 m2 and floor no more than 800 mm above ground
- Pergolas: exempt if under 20 m2 and 3 m high, open framework
- Carports: exempt if under 20 m2, 3 m to eaves, and behind building line
Full source: Building Regulations 2018. Always cross-check with your local planning scheme.
QLD
Queensland uses the strictest thresholds of the three big states, but has a category of "self-assessable" building work that bypasses formal approval if you notify council and comply with the Schedule 1 rules. Building Regulation 2021 Schedule 1 is the reference.
- Decks: exempt if under 10 m2 and no more than 1 m above ground
- Pergolas: exempt if under 10 m2, open framework, under 2.4 m high
- Carports: exempt if under 10 m2 and under 2.4 m high; larger requires assessment
Full source: Queensland Building Regulation 2021 Schedule 1. Note: QLD also requires a Pool Safety Certificate for pool fencing (separate).
Overlays that override exempt-development rules
Even if your project fits under the exempt threshold, an overlay on your property can invalidate the exemption and force you to go through full approval. The four most common overlays to watch:
- Heritage overlay: Any structure that affects the "heritage significance" of the site (or is visible from a heritage streetscape) usually requires a formal application. Applies to houses, entire suburbs, and even individual trees.
- Bushfire-prone area (BAL rated): New structures in BAL-40 or Flame Zone (FZ) areas must meet construction standards under AS 3959. Even a pergola may need non-combustible materials.
- Flood-prone area: Structures in flood overlays usually need habitable floor levels above defined flood level (DFL). Decks at ground level may be exempt but any structure that could obstruct floodwater flow triggers review.
- Foreshore / coastal / waterway setback: Structures within 40-100 m of a beach, cliff, river, or waterway are generally not exempt regardless of size. Aim to check the state coastal management SEPP or equivalent.
How to check if you have an overlay: All three states have online property lookups. NSW: search "NSW Planning Portal" and enter your address. VIC: "VicPlan" property report. QLD: your council's online property enquiry. Free and takes 2 minutes.
What happens if you build without approval
Getting caught with an unapproved structure has three common consequences:
- Stop-work order and rectification notice. The council can require you to demolish the unapproved structure or apply for retrospective approval - which is not guaranteed and costs 2-5x a normal DA.
- Fines. Maximum penalties: NSW up to $1.1M corporate / $110k individual. VIC ~$40k individual. QLD ~$65k individual. Typical fines actually issued: $500-$5,000 for minor unapproved works, $10,000+ for larger structures.
- Insurance and sale issues. Your home insurance may not cover damage related to unapproved structures. When you sell the property, unapproved works trigger price reductions or require a legal indemnity from the buyer.
Retrospective approval ("as-built approval") IS possible in all three states but costs more, takes longer, and can be refused if the structure fails to meet current standards. The maths almost always favours applying before you build.
How to lodge a DA (Development Application)
- Do a pre-lodgement discussion with council. Most councils offer free 15-30 minute pre-lodgement chats with a planner. You describe the project, they flag issues before you spend money on drawings.
- Prepare documents: site plan (showing setbacks), elevation drawings, engineer's certificate for structural work, statement of environmental effects (SEE). For simple projects, a drafter can prepare these for $600-$2,500.
- Lodge via NSW Planning Portal / VicSmart / DA Online (QLD). Most councils no longer accept paper. Fees range $500-$2,500 for a small residential DA.
- Wait for assessment. Simple applications: 4-6 weeks. Complex or objected applications: 8-16 weeks. During this time, council may request more information.
- Get conditions of consent. Approval usually comes with 20-40 conditions - things like construction hours, tree protection, stormwater management. Read them carefully; breaching a condition invalidates the approval.
Frequently asked questions
What counts as a "pergola" vs a "verandah" or "gazebo"?
Pergolas are open-framework structures with no solid roof (batons or slats only). Verandahs are attached to a house with a solid roof. Gazebos are freestanding with a solid roof. The distinction matters because a solid-roof structure is treated as a "carport" or "roofed accessory building" and has different (usually stricter) thresholds.
Do I need approval for a "temporary" structure?
Depends on how "temporary" is defined. Structures on the ground for more than 30 days are usually treated as permanent by councils, regardless of what you call them. A marquee for a wedding: fine. A pergola you plan to "take down eventually": not exempt.
What about strata / body corporate approval?
Separate from council. Even a fully-exempt-under-state-law structure in a strata scheme requires body corporate approval (usually a special resolution). This tool only covers council approval - strata rules are separate.
Can I do the DA myself or do I need a town planner?
For simple projects (single small structure, no overlays, no objections), DIY DAs are viable and save $1,500-$5,000. For anything with heritage overlay, boundary issues, or previous refusals, a town planner is worth the fee.
What's the difference between a DA and CDC?
A DA (Development Application) is a formal council decision - discretionary, appealable, and slower. A CDC (Complying Development Certificate) is a private certifier check against a prescribed code - fast (10-20 business days), non-discretionary, cheaper. CDCs are only available for projects that meet all the code criteria - if any element is non-compliant, you must go DA.
The council said my project is exempt but I'm still worried - what do I do?
Get the exempt-development determination in writing from council. Most councils will provide a written "no approval required" letter for a small fee ($100-$300). This becomes legally-defensible proof if any future purchaser or insurer questions the structure.
Related tools
- Renovation Quote Comparator - paste your build quotes for red-flag analysis
- Carpenter Cost Australia - deck and pergola build costs
- Landscaper Cost Australia - retaining walls, paving, garden structures
- Renovation Budget Tracker - track spend including DA fees and permits
Get the full approval checklist
Get the full state-by-state checklist covering decks, pergolas, carports, extensions, and pools - plus a monthly update on regulatory changes. No spam.