Short answer
Small decks, pergolas and carports can be exempt from approval, but only within strict size, height and setback limits that differ by state: up to 25 m² for decks and pergolas in NSW, 10 m² for a freestanding deck in Victoria (unroofed pergolas up to 20 m²) and 10 m² in Queensland. Heritage, bushfire, flood and coastal overlays can remove the exemption.
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, boundary setback, and whether they are roofed or attached to the house. This tool checks your project against those thresholds and flags overlays that override them.
Important: Fines for building without approval can reach hundreds of thousands of dollars for individuals (up to $500,000 in NSW for many breaches). This tool is a general guide only, using state rules last checked in September 2026. Local council overlays (heritage, bushfire, flood, foreshore) can invalidate exempt status. Always confirm with your council before starting.
Do I need council approval?
Answer a few questions to see whether your project is likely exempt from council approval under state rules. This is a general guide only - overlays, local planning rules and site conditions can override the state rules, and when the answer is unclear this tool tells you to check rather than guessing.
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), or without a building permit. 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 structures homeowners ask about most 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 (900 mm in NSW; set differently in Victoria and Queensland), whether the structure is roofed, whether it is attached to the house, materials (some bushfire areas require non-combustible), and whether the structure is in front of the main house (carports in particular). These rules were last checked in September 2026 and do change, so confirm the current version before you build.
State-by-state exempt-development thresholds (2026)
NSW
The NSW exempt development rules sit in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. See the NSW Planning Portal pages for balconies, decks and patios and for carports.
- Decks: up to 25 m2, floor no more than 1 m above ground, at least 900 mm from the boundary (a larger setback applies in some rural and large-lot zones). All decks, patios and verandahs on a lot count towards a combined-area cap.
- Pergolas, patios and verandahs: up to 25 m2, no higher than 3 m, at least 900 mm from the boundary, and any enclosed side walls no higher than 1.4 m.
- Carports: up to 20 m2 on lots of 300 m2 or less and up to 25 m2 on larger lots, no higher than 3 m, at least 900 mm from the side and rear boundary and at least 1 m behind the building line. Carports are not exempt in foreshore areas or on heritage items, and in conservation areas they are limited to the rear yard.
Even within exempt development, some council areas (older suburbs with heritage listings, bushfire and flood areas) add restrictions.
VIC
Victoria splits approvals into building permits (Building Act 1993 and 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. Building permits are issued by a registered building surveyor, and the regulator, formerly the VBA, is now the Building and Plumbing Commission.
- Decks: exempt from a building permit only if freestanding, up to 10 m2, and with the floor no more than 800 mm above natural ground. A deck attached to a house, or with a roof, needs a building permit.
- Pergolas: an unroofed pergola up to 20 m2 and 3.6 m high is generally exempt. Adding a roof makes it a verandah, which needs a building permit; a freestanding roofed structure is only exempt up to 10 m2.
- Carports: a freestanding carport is exempt only up to 10 m2 and 3 m high (and not masonry), subject to setback conditions. A carport attached to the house needs a building permit, and some councils apply stricter rules.
Sources: Building Regulations 2018 and the VBA guidance on when a building permit is required. Always cross-check with your local planning scheme.
QLD
Queensland's Building Regulation 2021 lists small structures that do not need a building development approval if they meet set limits. It has the tightest size limits of the three states.
- Decks: up to 10 m2, floor no more than 1 m above ground, and not roofed.
- Pergolas and carports: up to 10 m2, no higher than 2.4 m (with a mean height of 2.1 m or less), no side longer than 5 m, and outside the required setbacks. Setbacks come from the Queensland Development Code and your local planning scheme, and are commonly larger than the 900 mm used in NSW.
- Roofed and attached structures: a roofed patio or verandah attached to a house generally needs building approval.
- Cyclone areas: in tropical cyclone areas (Wind Region C) these structures are not covered by the exemption.
Full source: Queensland Building Regulation 2021. Note: Queensland 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 restrict or remove the exemption and force you to go through full approval. The most common ones to watch:
- Heritage overlay: Structures on heritage items usually need a formal application, and in heritage conservation areas exemptions are often limited (NSW carports, for example, are restricted to the rear yard). This can apply to houses, whole streets and suburbs.
- Bushfire-prone area (BAL rated): Exempt structures are often still allowed, but materials rules apply (in NSW, non-combustible materials are needed within a set distance of the house), and construction standards under AS 3959 can apply to structures in higher BAL zones.
- Flood-prone area: Structures in flood overlays may face floor-level and flow requirements set by your council. Check your flood planning certificate before you build.
- Foreshore / coastal / waterway zones: Exemptions are often removed near a beach, cliff, river or waterway (NSW carports, for example, are not exempt in foreshore areas). Check your council or the relevant state coastal rules.
- Tropical cyclone areas (Queensland): The exemption does not cover structures in Wind Region C.
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 a couple of 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 usually costs more and takes longer than approval up front.
- Fines. Maximum penalties are far higher than many people expect. In NSW they can reach $500,000 for individuals and $2 million for corporations for many breaches (higher for deliberate, harmful ones), plus daily penalties. In Victoria the maximum for an individual is 500 penalty units, more than $100,000. In Queensland it is up to 4,500 penalty units, roughly $700,000, and more on heritage places. Fines actually imposed are usually far below the maximums, but the cost of rectifying or demolishing the work can be large.
- Insurance and sale issues. Your home insurance may not cover damage related to unapproved structures. When you sell the property, unapproved works can 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 get approval
- Do a pre-lodgement discussion with council. Many councils offer a short free or low-cost chat with a planner. You describe the project, they flag issues before you spend money on drawings.
- Prepare documents: site plan (showing setbacks), elevation drawings, an engineer's certificate for structural work, and where required a statement of environmental effects. For simple projects a drafter can prepare these; costs vary.
- Lodge through the right channel. NSW: the NSW Planning Portal (DAs and CDCs). Victoria: a registered building surveyor for the building permit, and your council for any planning permit. Queensland: a private certifier or your council. Fees vary by council and project value.
- Wait for assessment. Simple applications commonly take several weeks; complex or objected applications can take months. Council may request more information during this time.
- Follow the conditions of approval. Approval usually comes with conditions such as construction hours, tree protection and stormwater management. Read them carefully; breaching a condition can invalidate the approval.
Frequently asked questions
What counts as a "pergola" vs a "verandah" or "gazebo"?
A pergola is an open-framework structure with no solid roof (battens or slats only). A verandah is a roofed structure, usually attached to a house. A gazebo is a freestanding roofed structure. The distinction matters because adding a solid roof usually moves the structure into a stricter category: in Victoria, for example, an unroofed pergola up to 20 m2 is generally exempt, but a roofed structure attached to the house needs a building permit.
Do I need approval for a "temporary" structure?
It depends on how "temporary" is defined, and councils generally treat structures left in place long term as permanent regardless of what you call them. A marquee for a wedding is fine. A pergola you plan to "take down eventually" is not exempt just because you intend to remove it. Check your council's rules for temporary structures.
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), applying yourself is viable and can save professional fees. For anything with a 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, a NSW pathway) is a private certifier check against a prescribed code - typically faster and non-discretionary, but only available for projects that meet all the code criteria. If any element is non-compliant, you must go through a DA. Victoria and Queensland use different pathways (a building permit or building approval through a surveyor or certifier).
The council said my project is exempt but I'm still worried - what do I do?
Get the determination in writing from council. Many councils will provide a written "no approval required" letter for a small fee. This becomes useful 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
Related reading: Granny Flat Cost Australia (2026) (granny flat costs and what drives the price).
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