Expanding Exempt Development

 

No approval required for decks, small sheds, pergolas and more

The Government is expanding the number of residential development matters which do not require any planning or building approval (these are called ‘exempt development’).

These are low impact building matters which are commonly undertaken by homeowners to improve their property and their lifestyle.

From 1 January 2009 ‘exempt development’ will include:

  • Sheds (of less than 15m2 which meet certain conditions)
  • Decks (which meet certain conditions, including not being greater than 50cm above the ground)
  • Roller doors

As well as existing matters such as:

  • Pergolas (which meet certain conditions, including not having a hard roof)
  • Water tanks (less than 10m2 and which meet certain other conditions)
  • Fences to 2 metres in height (which meet certain conditions)
  • Retaining walls (which meet certain conditions)

A complete list of proposed ‘Exempt Development’ appears at Appendix A of the Draft Residential Development Code (see below). 

Exempt development will not apply in State Heritage Places, State Heritage Areas, Local Heritage Places, or Historic (Conservation) Zones or Policy Areas.

Draft Exempt Development list

Draft lists of matters to be on the ‘Exempt’ and ‘Building Consent Only’ lists have been released together with a Draft of the Residential Development Code for testing and comment until 12 September 2008. The lists appear as Appendices in the Discussion Draft of the Code.

These lists will be finalised in October, with the new ‘Exempt’ list expected to come into effect from 1 January 2009 and the ‘Building Consent Only’ list expected to come into effect from 1 March 2009. Stage 1 of the Code expected to be active from 1 March 2009. Further consultation on subsequent stages of the Code’s implementation will occur later.

Comment on the Draft lists and Code should be provided in writing and submitted to:

Submissions should be received by Friday 12 September 2008.

Further information