Exempt and Complying Development

Exempt Development (no approval required)

Exempt development covers minor projects with minimal environmental impact, such as:  

• Fencing
• Small garden sheds
• Low-height landscape walls.  

If your project meets pre-specified standards, no planning or construction approval is required. Check the Department of Planning and Environment page to see if your project qualifies.

• Asbestos handling: To keep you, your neighbours and the environment safe any work involving asbestos must comply with Safework NSW guidelines and Australian Standard AS 2601 - 2001.

  Visit the NSW Asbestos website, call 1800 Asbestos (1800 272 378) visit our website on Asbestos.  

Complying Development

Complying Development involves projects with minor environmental impacts that meet predetermined standards. These are not exempt under:

1. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
2. State Environmental Planning Policy (Housing) 2021

Complying Development covers development projects that:  

• Have minor environmental impacts  
• Meet predetermined standards.  

Complying development generally includes larger building works than exempt development. For this reason 'sign off' by a building professional (known as a Principal Certifier) is needed. Complying development is also subject to conditions of approval to protect surrounding uses during the construction period and the life of the complying development. Complying development follows a separate process from development consent and construction certificates:

Examples of complying development  

• Internal alterations
• new single dwellings
• secondary dwellings
• Below-ground swimming pools.  

Are there restrictions?  

Yes, some properties are restricted from complying development because  

• They are considered high-level bushfire-prone areas,  
• Acid sulfate soils or are considered to be within environmentally sensitive zones.  

View your property's constraints using the planning maps.

Principal Certifier (PC)

A Principal Certifier must be appointed to monitor your construction when you are constructing through the complying development pathway.  

A Private principal certifier or Council can grant a Complying Development Certificate. 

• Additional Information 
  NSW Fair Trading provides information about consumer rights and responsibilities when building or subdividing land, as well as the role of the Principal Certifier.

If your project does not qualify as exempt or complying development, check our planning rules to see if it is permitted with development consent. If so, you will need to lodge a Development Application. 

Apply for Complying Development Certificate

Apply for a Complying Development Certificate (CDC) on the NSW Planning Portal. You can learn more about Complying development via NSW Government planning website.