Question 1

Generally, the relevant legislation applies to all building work to particular kinds of buildings, subject to exceptions.

Are your planned works to a building that is, or of which any part is a:

• Class 2 Building (a building that includes more than one dwelling, each of which is occupied by one or more people to the exclusion of others); or
• Class 3 Building (a residential building providing long-term or transient accommodation for a number of unrelated persons) that is not used as a temporary accommodation facility; or
• Class 9c Building (a residential care building)?

Question 2

The definition of building work within the relevant legislation is quite broad, and captures not just the works undertaken, but also the coordination or supervision of that work.

Do your planned works include:

• construction of a building; or
• making alterations or additions to a building; or
• repair, renovation or protective treatment to a building?

Question 3

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Do your planned works involve work that you expect will be carried out as an exempt development (work that does not require any planning or building approval), other than waterproofing?

(If you are unsure, we recommend selecting 'No' below as your works may be subject to another exclusion from being building work under the relevant regulations.)

Question 4

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Do your planned works involve:

• making alterations or additions to a building; or
• repair, renovation or protective treatment to a building

to a building that is, or of which any part is a:

• Class 3 Building (a residential building providing long-term or transient accommodation for a number of unrelated persons) that is not a temporary accommodation facility; or
• Class 9c Building (a residential care building)

but of which no part is a Class 2 Building?
(a building that includes more than one dwelling, each of which is occupied by one or more people to the exclusion of others)

Question 5

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Are your planned works required in order to comply with:

• an order given by your local council; or
• a development control order?

Question 6

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Have your planned works received, whether conditionally or unconditionally:

• exemption by a certifier from a specified provision of the Building Code of Australia relating to the operational performance of a relevant fire safety system; or
• exemption by the Fire Commissioner from a specified Category 3 fire safety provision as applied by a relevant provision; or
• exemption by the consent authority or certifier from a specified provision of the Building Code of Australia as applied by a relevant provision?

Question 7

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Does the planned work consist of repair, renovation or protective treatment of:

• a fire safety system for the purposes of maintaining the system (except a load-bearing component essential to stability of a building; or where the entire system is being replaced), such as replacing a sprinkler head but not the whole sprinkler system; or
• a building involving a mechanical, plumbing or electrical service for the purpose of maintaining a component of such system?

Question 8

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Does the planned work involve:

• plumbing and drainage work (other than roof plumbing); or
• mechanical services and medical gas work; or
• medical gasfitting work; or
• medical gas technician work; or
• gasfitting work; or
• electrical wiring work; or
• refrigeration work or air-conditioning work?

Question 9

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Is the reasonable market cost of the labour and materials involved in the planned work less than $5,000.00?

Question 10

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Will the planned works be carried out under a contract to which one of the parties received a grant under the HomeBuilder Grant scheme for the work?

Question 11

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Do the planned works concern electrical or plumbing work?

Question 11a

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Do the electrical or plumbing works concern a 'building element' which means any of the following:

• the fire safety systems for a building; or
• waterproofing; or
• an internal or external load-bearing component of a building that is essential to the stability of the building, or a part of it; or
• a component of a building that is part of the building enclosure; or
• those aspects of the mechanical, plumbing and electrical services for a building that are required to achieve compliance with the Building Code of Australia; or
• the aspects of a vertical transportation product that are required to achieve compliance with the Building Code of Australia?

Question 12

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Is the planned work limited to part of a building that is (or will be as a consequence of the work):

• class 5 (office building); or
• class 6 (shop); or
• class 9a (health-care building); or
• class 9b (assembly building);

and is subject of a development consent that primarily relates to fit-out?

Question 13

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Is the planned work subject of a development consent that primarily relates to the installation of:

• an awning, blind or canopy over a window or door; or
• a roofed structure over a balcony, deck, patio or terrace (but not where the installation is above the existing topmost roof of the building)?

Question 14

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Are the planned works subject of a development consent that primarily relates to the work, and which are not works for:

• a performance solution; or
• the fire safety systems for a building; or
• waterproofing; or
• an internal or external load-bearing component of a building that is essential to the stability of the building, or a part of it; or
• a component of a building that is part of the building enclosure; or
• those aspects of the mechanical, plumbing and electrical services for a building that are required to achieve compliance with the Building Code of Australia; or
• the aspects of a vertical transportation product that are required to achieve compliance with the Building Code of Australia?

Question 15

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Do your planned works involve any kind of waterproofing?

Question 15a

While building work is a broad term, the relevant regulations provide a number of exclusions from it.

Is your planned waterproofing work:

• going to be carried out as a result of alterations to a bathroom, kitchen, laundry or toilet; and
• going to be limited (including under the agreement for the works) to a single dwelling; and
• going to be carried out as an exempt development (work that does not require any planning or building approval?)

(If you are unsure if the work will be carried out as exempt development, we recommend selecting 'Previous' below and then selecting 'No' on Question 15 to go through the exempt development criteria to find out).

Question 16

Should your planned works comprise exempt development, they may be exempt from compliance with the Design and Building Practitioners Legislation.

Does the building which your planned works will affect:

• have a current fire safety certificate or fire safety statement; or
• have no fire safety measures implemented, required or proposed?

Question 17

Should your planned works comprise exempt development, they may be exempt from compliance with the Design and Building Practitioners Legislation.

Will your planned works:

• meet the relevant 'deemed-to-satisfy' provisions of the Building Code of Australia, or if there are no such relevant provisions, be structurally adequate; and
• if they relate to an existing building, not cause the building to contravene the Building Code of Australia?

Question 18

Should your planned works comprise exempt development, they may be exempt from compliance with the Design and Building Practitioners Legislation.

Will your planned works;

• be installed in accordance with the manufacturer's specifications (if applicable); and
• not involve the removal or pruning of a tree or other vegetation unless an authority - such as a permit, approval or development consent - is held, or not required; and
• not involve development to a low-rental residential building on land within the following areas:
  • the Eastern Harbour City
  • the Central River City
  • the Western Parkland City
  • the Central Coast City
  • the City of Newcastle local government area
  • the City of Wollongong local government area
• and not involve the removal of friable asbestos, or non-friable asbestos from an area of more than 10m2, unless the removal is carried out by a licensed asbestos removalist?

Question 18a

Should your planned works comprise exempt development, they may be exempt from compliance with the Design and Building Practitioners Legislation.

Will your planned works be carried out on land:

• that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994; or
• that is, or is part of, a wilderness area within the meaning of the Wilderness Act 1987; or
• on which relevant part there is an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under that Act (unless the planned works have been granted or are subject to an exemption under that Act); or
• on which part there is an item of environmental heritage as identified in an environmental planning instrument; or
• that is part of the Kosciuszko Alpine Region and to which Chapter 4 of the State Environmental Planning Policy (Precincts - Regional) 2021, applies; or
• that is part of the Western Sydney Parklands and to which Chapter 7 of the State Environmental Planning Policy (Precincts - Western Parkland City) 2021, applies; or
• that is identified as an "Asbestos Encapsulation Area" on the Byron Local Environmental Plan 2014 Asbestos Encapsulation Area Map; or
• that is described or otherwise identified on the excluded land maps under Schedule 4 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; or
• within 18km of Siding Spring Observatory and will involve any form of lighting?

Question 19

Should your planned works comprise exempt development, they may be exempt from compliance with the Design and Building Practitioners Legislation.

Will your planned works be undertaken to a building for which the relevant local council's Local Environmental Plan (LEP) is dated on or after 27 February 2009?

(You can usually find out the date of the relevant LEP by doing a web search of your council name, followed by the term "LEP".)

Question 19a

Should your planned works comprise exempt development, they may be exempt from compliance with the Design and Building Practitioners Legislation.

Do your planned works concern any of the following:

(If you are unsure, or your planned works are not shown in the list below, they may comprise a 'minor building alteration'.)

Question 20

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of an access ramp?

Question 20a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the development standards the access ramp must:

• (a) be not more than 1m above ground level (existing), and
• (b) be located at least 450mm from each side boundary and the rear boundary, and
• (c) not interfere with the functioning of existing drainage fixtures or the natural surface flow of water, and
• (d) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
• (e) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

Note: See AS 1428.1—2009, Design for access and mobility, Part 1: General requirements for access—New building work and the Disability (Access to Premises—Buildings) Standards 2010 under the Disability Discrimination Act 1992 of the Commonwealth which specifies the design requirements for new building work to provide access for people with disabilities.

Do your proposed works meet the above criteria?

Question 21

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of an air-conditioning unit:

Question 21a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the development standards the air-conditioning unit must, for residential uses only:

• (1)(a) not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road, and
• (b) be located at least 450mm from each lot boundary, and
• (b1) be located at least 1m from bedrooms of adjoining residences, and
• (c) subject to paragraph (g), be attached to the external wall of a building or ground mounted, and
• (d) if located on the ground floor - be not higher than 1.8m at its highest point above ground level (existing), and
• (e) not involve work that reduces the structural integrity of the building, and
• (f) not reduce the existing fire resistance level of a wall, and
• (f1) be designed so as not to operate:
• (i) during peak time—at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary, or
• (ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and
• (g) if it is constructed or installed on or in a heritage item or a draft heritage item—be ground mounted, and
• (h) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area - be installed at or behind the rear building line.
• (2) Any opening created by the construction or installation of the development must be adequately waterproofed.
• (3) The air-conditioning unit must not be a mechanical air-handling system, unless it is constructed or installed on a class 1a or 10 building or a temporary structure.

Note: For further information about noise control see the Noise Guide for Local Government (ISBN 978 1 74232 942 0) published by the Department of Environment, Climate Change and Water NSW in October 2010.

Do your proposed works meet the above criteria?

Question 21b

Your planned works may comprise exempt development if the relevant requirements are met.

Under the development standards the air-conditioning unit must, for purposes other than residential uses only:

• (1A)(a) not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road, and
• (b) not be built into any external wall unless the development is more than 3m from each side and rear boundary and 6m from any other building on the lot, and
• (c) not involve work that reduces the structural integrity of the building, and
• (d) not reduce the existing fire resistance level of a wall or roof, and
• (d1) be designed so as not to operate:
• (i) during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or
• (ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and
• (e) if it is constructed or installed on or in a heritage item or draft heritage item—not be wall mounted, and
• (f) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage.
• (2) Any opening created by the construction or installation of the development must be adequately waterproofed.
• (3) The air-conditioning unit must not be a mechanical air-handling system, unless it is constructed or installed on a class 1a or 10 building or a temporary structure.

Note: For further information about noise control see the Noise Guide for Local Government (ISBN 978 1 74232 942 0) published by the Department of Environment, Climate Change and Water NSW in October 2010.

Do your proposed works meet the above criteria?

Question 22

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of:

• an awning or canopy associated with a residential use over a window or door opening; or
• a blind (including a storm blind, security blind or sun blind) or similar structure for any purpose over a window or door opening?

Question 22a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item.

Under the development standards the awning, blind or canopy must:

• (a) not have an area more than 10m2, and
• (b) not project beyond the external wall of the building by more than 2m, and
• (b1) be at least 450mm from each side and rear boundary when fully extended, and
• (c) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
• (d) if it is located on bush fire prone land—be constructed of non-combustible material, and
• (d1) if it is constructed or installed on or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
• (e) not be used for advertising.

Do your proposed works meet the above criteria?

Question 23

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the:

Question 23a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item, or on land in a foreshore area.

Under the development standards the balcony, deck, patio, pergola, terrace or verandah must:

• (1)(a) (Repealed)
• (b) have an area of not more than 25m2, and
• (c) not cause the total floor area of all such structures on the lot to be more than—
• (i) for a lot larger than 300m2—15% of the ground floor area of the dwelling on the lot, or
• (ii) for a lot 300m2 or less—25m2, and
• (d) not have an enclosing wall higher than 1.4m, and
• (e) be located—
• (i) if carried out in connection with farm experience premises or farm gate premises—more than 50m from a road, or
• (ii) otherwise—behind the building line of a road frontage, and
• (f) be located at a distance from each lot boundary of at least—
• (i) for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or
• (ii) for development carried out in any other zone—900mm, and
• (g) (Repealed)
• (h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and
• (i) have a floor height not more than 1m above ground level (existing), and
• (i1) if it is a roofed structure—have a roof that does not overhang the structure by more than 600mm on each side,
• (j) if it is a roofed structure attached to a dwelling—not extend above the roof gutter line of the dwelling, and
• (j1) be no higher than 3m at its highest point above ground level (existing), and
• (k) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
• (l) be constructed or installed so that any roofwater is disposed of into an existing stormwater drainage system, and
• (m) not interfere with the functioning of existing drainage fixtures or flow paths, and
• (n) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material. and
• (o) (Repealed)
• (3) Subclause (1)(h) does not apply to development carried out in connection with a building used for the purposes of farm stay accommodation, farm gate premises or farm experience premises.

Do your proposed works meet the above criteria?

Question 23b

Your planned works may comprise exempt development if the relevant requirements are met.

Under the development standards the deck must:

• (a) use equivalent or improved quality materials, and
• (b) not change the size or height of the existing deck

Do your proposed works meet the above criteria?

Question 24

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a barbecue or other outdoor cooking structure?

Question 24a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the development standards the barbecue or other outdoor cooking structure must:

• (a) not have an area of more than 4m2, and
• (b) be not higher than 1.8m above ground level (existing), and
• (c) if it is not on land in Zone RU1, RU2, RU3, RU4 or RU6—be located behind the building line of any road frontage, and
• (d) be located at least 450mm from each lot boundary, and
• (e) not be used for commercial purposes.

Do your proposed works meet the above criteria?

Question 25

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a bollard?

Question 25a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the development standards the bollard must:

• (a) be not higher than 1.4m above ground level (existing), and
• (b) not have a diameter of more than 600mm, and
• (c) be associated with any of the following development—
• (i) (Repealed)
• (ii) commercial premises,
• (iii) premises used for light industry,
• (iv) warehouse or distribution centre, and
• (d) not reduce any existing means of entry to, or exit from, any such associated development or the lot on which it is situated.

Do your proposed works meet the above criteria?

Question 26

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a cabana, cubby house, fernery, garden shed, gazebo or greenhouse?

Question 26a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item, or on land in a foreshore area or in an environmentally sensitive area.

Under the development standards the cabana, cubby house, fernery, garden shed, gazebo or greenhouse must:

• (1)(a) (Repealed)
• (b)not have a floor area of more than—
• (i) on land in Zone RU1, RU2, RU3, RU4, RU6 or R5—50m2, or
• (ii) on land in any other zone—20m2, and
• (c) be not higher than 3m above ground level (existing), and
• (d) be located at a distance from each lot boundary of at least—
• (i) for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or
• (ii) for development carried out in any other zone—900mm, and
• (e) if it is not on land in Zone RU1, RU2, RU3, RU4 or RU6—be located behind the building line of any road frontage, and
• (f) not be a shipping container, and
• (g) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and
• (h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and
• (i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
• (j) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
• (k) if it is located adjacent to another building—be located so that it does not interfere with the entry to, or exit from, or the fire safety measures contained within, that building, and
• (l) be a Class 10 building and not be habitable, and
• (m) be located at least 1m from any registered easement, and
• (n) in relation to a cabana—not be connected to water supply or sewerage services.
• (2) There must not be more than 2 developments per lot.

Do your proposed works meet the above criteria?

Question 27

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a carport (meaning a roofed structure for the shelter of motor vehicles that has 2 or more sides open and not less than one-third of its perimeter open)?

Question 27a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item, or on land in a foreshore area.

Under the development standards the carport must:

• (1)(a) not result in a building classified under the Building Code of Australia as class 7a, and
• (b) not have a floor area more than—
• (i) for a lot larger than 300m2 in a rural zone or Zone R5—50m2, or
• (ii) for a lot larger than 300m2 in a zone other than a rural zone or Zone R5—25m2, or
• (iii) for a lot 300m2 or less in any zone—20m2, and
• (c) be not higher than 3m above ground level (existing) and, if attached to an existing single storey dwelling, be not higher than the roof gutter line, and
• (d) be located at least 1m behind the building line of any road frontage, and
• (e) be located at a distance from each lot boundary of at least—
• (i) for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or
• (ii) for development carried out in any other zone—900mm, and
• (f) (Repealed)
• (g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and
• (h) not involve the construction of a new driveway or gutter crossing unless the consent of the relevant road authority for each opening of a public road required for the development has been obtained under the Roads Act 1993, and
• (i) be constructed or installed so that any roofwater is disposed of into the existing stormwater drainage system, and
• (j) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
• (k) (Repealed)
• (l) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
• (m) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
• (n) be located so that it does not reduce vehicular access to, or parking or loading or unloading on, or from, the lot.

Note: See the definition of carport in clause 1.5(1) that sets out additional requirements for carports.

• (2) The roof of the development must be located at least 500mm from each lot boundary.
• (3) There must not be more than 1 development—
• (a) per lot if there is a dwelling on the lot, or
• (b) per lot or per each separate occupation of premises on the lot, whichever is the greater, in any other case.

Do your proposed works meet the above criteria?

Question 28

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a clothes hoist or clothes line?

Question 28a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on land in a foreshore area.

Under the development standards the clothes hoist or clothes line must:

• (a) be located behind the building line of any road frontage, and
• (b) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

Do your proposed works meet the above criteria?

Question 29

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned demolition works concern the:

• demolition of development specified as exempt development under Division 1 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; or
• demolition of a building, the structure of which is significantly damaged by a natural disaster; or
• partial demolition of a building damaged by a natural disaster (where the structure of the building is not significantly damaged), only to the extent necessary to make the building safe?

Question 29a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the development standards the demolition must:

• be carried out in accordance with AS 2601—2001, The demolition of structures.

Do your proposed works meet the above criteria?

Question 30

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of:

• a driveway associated with access to an open hard stand space, a carport, a loading bay or a garage; or
• a hard stand space associated with a driveway, whether open or part of a carport?

Question 30a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item, in a heritage conservation area or a draft heritage conservation area, or on land in a foreshore area or in an environmentally sensitive area.

Under the development standards the driveway or hard stand space must:

• (a) be constructed or installed so that any surface water or runoff is disposed of by a drainage system that is connected to the existing stormwater drainage system, and
• (b) be constructed in accordance with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking or AS 2890.2:2018, Parking facilities, Part 2: Off-street commercial vehicle facilities, and
• (c) if the development is ancillary development to a dwelling—not require cut or fill more than 600mm below or above ground level (existing), and
• (d) if the development is not ancillary development to a dwelling—not require cut or fill more than 1m below or above ground level (existing), and
• (e) if the development is a driveway—
• (i) not be wider than the open hard stand space, carport or garage with which it is associated, and
• (ii) be constructed in accordance with the relevant road authority’s policy and specifications on vehicle and driveway crossings, and
• (iii) be subject to written consent from the relevant roads authority (if required under section 138 of the Roads Act 1993) for the building of any kerb, crossover or driveway, and
• (f) if the development is a hard stand space—
• (i) measure at least 2.6m wide by 5.4m long, and
• (ii) have an area of not more than 20m2, and
• (iii) if the development is ancillary to a dwelling—be located at least 1m behind the building line of any road frontage (other than a laneway) and at least 900mm from each side or rear boundary, and
• (iv) in any other case—be located clear of any required landscaped area, and
• (g) if the development is constructed or installed in a residential zone or rural zone—not result in the total area of all driveways or hard stand spaces, pathways and paved areas on the lot exceeding 15% of the area of the lot or 150m2, whichever is the lesser, and
• (h) if constructed or installed in a residential zone—
• (i) if a lot has a width at the front building line of not more than 18m—have at least 25% of the area forward of the building line as landscaped area, and
• (ii) if a lot has a width at the front building line of more than 18m—have at least 50% of the area forward of the building line as landscaped area.

Do your proposed works meet the above criteria?

Question 31

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern earthworks or the construction or installation of a retaining wall or other form of structural support?

Question 31a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the earthworks or construction or installation cannot be on or in a heritage item or a draft heritage item, on a flood control lot or in an environmentally sensitive area.

Under the development standards the earthworks or retaining wall or other form of structural support must:

• (a) not be a cut or fill of more than 600mm below or above ground level (existing), and
• (b) be located at least 1m from each lot boundary, and
• (c) if it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
• (d) be located at least 40m from a waterbody (natural), and
• (e) not redirect the flow of any surface water or ground water or cause sediment to be transported onto an adjoining property, and
• (f) if it is a retaining wall or structural support for excavation or fill, or a combination of both—
• (i) be not be more than 600mm high, measured vertically from the base of the development to its uppermost portion, and
• (ii) be separated from any retaining wall or other structural support on the site by at least 2m, measured horizontally, and
• (iii) be located at least 1m from any registered easement, sewer main or water main, and
• (iv) have adequate drainage lines connected to the existing stormwater drainage system for the site, and
• (g) if the fill is more than 150mm deep—not occupy more than 25% of the area of the lot, and
• (h) if the fill is imported to the site—be free of building and other demolition waste, and only contain virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997, and
• (i) if the land is in a rural or conservation zone—not be fill of more than 100 cubic metres on each lot.

Note: It is an offence to transport waste to a place other than an appropriate and lawful waste facility (see section 143 of the Protection of the Environment Operations Act 1997).

Do your proposed works meet the above criteria?

Question 32

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the repair of damage to a building or structure caused by either or both of:

• a natural disaster; or
• an event that constitutes a significant and widespread danger to life or property in an area declared by an order under the State Emergency and Rescue Management Act 1989, section 33 to be an area where a state of emergency exists?

("emergency work")

Question 32a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the development standards the emergency work must:

• (1)(a) be carried out within the relevant period, and
• (b) not change the configuration of the building or structure being repaired, and
• (c) not increase the floor area of the building or structure being repaired, and
• (d) in the case of a structure that is a fence, gate or other barrier—only be the repairs necessary to ensure the repaired or replaced structure is the same size, in the same location and made with similar materials as the damaged structure, and
• (e) in any other case—only be the repairs necessary to make the building or structure secure and weatherproof and in the case of a dwelling, safe and suitable for habitation but must not include a repair (other than a temporary repair) to a structural element of the building.
• (2) In this clause—relevant area means land in the following local government areas—
• (a) City of Lismore,
• (b) Clarence Valley,
• (c) Richmond Valley,
• (d) Tweed,
• (e) Ballina.

relevant period means—

• (a) for development carried out in a relevant area before 1 April 2026—4 years after the natural disaster or the declaration is made, and
• (b) otherwise—2 years after the natural disaster or the declaration is made.

Do your proposed works meet the above criteria?

Question 33

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a roof mounted evaporative cooling unit?

Question 33a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation must be on land in Climate Zone 4 and cannot be on or in a heritage item or a draft heritage item.

Land is in Climate Zone 4 if it is within an area identified as Zone 4 of the Climate Zones for Thermal Design in the Building Code of Australia.

Under the development standards the roof mounted evaporative cooling unit must:

• (a) be for residential uses only, and
• (b) be located at least 3m from each side boundary, and
• (c) be not higher than 1.8m above the highest point of the roof of the building on which it is mounted, and
• (d) be constructed or installed so that any opening created is adequately weather proofed, and
• (e) not involve work that reduces the structural integrity of the building, and
• (e1) be designed so as not to operate—
• (i) during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or
• (ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and
• (f) if it is located on bush fire prone land—be constructed of non-combustible material and be adequately sealed or protected to prevent the entry of embers, and
• (g) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard and must not be visible from a public road.

Note: For further information about noise control see the Noise Guide for Local Government (ISBN 978 1 74232 942 0) published by the Department of Environment, Climate Change and Water NSW in October 2010.

Do your proposed works meet the above criteria?

Question 34

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a fence:

Question 34a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be:

• (a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or
• (b) along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area, or
• (c) on a flood control lot, or
• (d) on land that is identified as being in a foreshore area.

Note: If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.

Under the development standards a fence on land within Zone R1, R2, R3, R4 or RU5 must:

• (1)(a) not be higher than 1.8m above ground level (existing), and
• (b) not be of masonry construction to a height that is more than 1.2m above ground level (existing), and
• (c) if it includes an entrance gate—not have a gate that opens outwards, and
• (d) if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and
• (e) if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and
• (f) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
• (g) not be an electrical fence or use barbed wire.
• (2) Despite subclause (1), any fence located along the boundary of, or within the setback area to, a primary or secondary road must—
• (a) not be more than 1.2m above ground level (existing), and
• (b) be open for at least 20% of the area of the fence that is more than 400mm above ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm.
• (3) If a lot has a frontage to a secondary road or roads, subclause (2) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary.
• (4) Subclause (2)(b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road.
• (5) Despite subclauses (1) and (2), if the fence is erected on a sloping site and stepped to accommodate the fall in the land—
• (a) a fence that is required to be not more than 1.2m above ground level (existing), must not be more than 1.5m above ground level (existing) at each step, and
• (b) a fence that is required to be not more than 1.8m above ground level (existing), must not be more than 2.2m above ground level (existing) at each step.

Do your proposed works meet the above criteria?

Question 34b

Your planned works may comprise exempt development if the relevant requirements are met.

Under the development standards a fence forming a barrier to a swimming pool must comply with the requirements of the Swimming Pools Act 1992.

Do your proposed works meet the above criteria?

Question 34c

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be:

• (a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or
• (b) along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area.

Note: If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.

Under the development standards a fence on land within Zone RU1, RU2, RU3, RU4 or RU6, a conservation zone or Zone R5 must:

• (1)(a) not be higher than 1.8m above ground level (existing), and
• (b) not include any masonry construction that extends more than 3m from either side of the entrance to the property from the primary road, and
• (c) be constructed using post and wire or post and rail, and
• (d) if it includes an entrance gate—not have a gate that opens outwards, and
• (e) if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and
• (f) if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and
• (g) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
• (h) if it is electrical fencing—be constructed in accordance with AS/NZS 3014:2003, Electrical installations – Electric fences, and
• (i) if it is constructed or installed on a flood control lot—not redirect or interrupt the flow of surface or ground water on that lot.
• (2) Despite subclause (1), if the fence is erected on a sloping site and stepped to accommodate the fall in the land the fence may be not more than 2.2m above ground level (existing) at each step.

Do your proposed works meet the above criteria?

Question 34d

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be:

• (a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or
• (b) along the boundary of, or within the setback area of, a primary or secondary road within Zone E1, E2, E3, MU1, SP5 or W4, or
• (c) on a flood control lot, or
• (d) on land that is identified as being in a foreshore area.

Note: If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.

Under the development standards a fence within a business, employment, mixed use or industrial zone or Zone SP5 or W4 must:

• (1)(a) not be higher than 3m above ground level (existing), and
• (b) not be of masonry construction to a height that is more than 1.2m above ground level (existing), and
• (c) if it includes an entrance gate—not have a gate that opens outwards, and
• (d) if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and
• (e) if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and
• (f) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
• (g) not be an electrical fence or use barbed wire.
• (2) Despite subclause (1)—
• (a) any fence located along the boundary of a site that adjoins land within a residential zone must be open for at least 75% of the area of the fence that is more than 1.8m above ground level (existing), and
• (b) any fence located on the boundary of, or within the setback area of, a road must be open for at least 75% of the area of the fence that is more than 1.2m above ground level (existing).

Do your proposed works meet the above criteria?

Question 35

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a hot water heater or hot water storage tank?

Question 35a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the development standards the hot water heater or hot water storage tank must:

• (a) not be a solar hot water system, and
• (a1) if it uses a heat pump water heater, be designed so as not to operate—
• (i) during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or
• (ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and
• (b) if constructed or installed externally and on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—
• (i) not be located on a roof, and
• (ii) be located in the rear yard.

Note 1: See note relating to Solar Hot Water Systems.

Note 2: For further information about noise control in relation to heat pump water heaters, see the NSW Government’s Noise Guide for Local Government published in 2010 (ISBN 978 1 74232 942 0).

Note: Development for the purposes of small wind turbine systems or solar energy systems (ie a photovoltaic electricity generating system, solar hot water system or solar air heating system) is specified as exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021, Part 2.3, Division 5.

Do your proposed works meet the above criteria?

Question 36

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a letterbox (whether free standing or in banks)?

Question 36a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item.

Under the development standards the letterbox must:

• (1)(a) be not higher than 1.2m above ground level (existing), and
• (b) be visible from the road alignment, and
• (c) have appropriate numbering that is visible from the road alignment.
• (2) (Repealed)

Do your proposed works meet the above criteria?

Question 37

Your planned works appear to satisfy the preliminary criteria for exempt development.

Does your planned minor building alteration (internal) concern:

• (1) the replacement or renovation of:
• (a) a doorway, wall, ceiling or floor lining, or
• (b) a deteriorated frame member, including stairs and stairwells, or
• (c) a bathroom or kitchen, or
• (d) a built in fixture such as a vanity, a cupboard or a wardrobe, or
• (e) an existing sanitary fixture, such as a grease trap or the like, or
• (f) shelving or racking, or
• (g) a partition, work station or counter; or
• (2) the installation of new or replacement insulation material in the ceiling, floor or wall of a building; or
• (3) other remedial work necessary to repair or maintain a building?

Question 37a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the replacement or renovation or remedial work cannot be on or in a heritage item or a draft heritage item.

Under the development standards the replacement or renovation or installation or remedial work must:

• (1)(aa) not be an alteration to a food preparation area in food and drink premises, and
• (a) if it is the replacement or renovation of a deteriorated frame member—be of equivalent or improved quality materials, and
• (b) not include a change to the configuration of a room, whether by removal of an existing wall, partition or other means, and
• (c) not cause reduced window arrangements for light and ventilation needs, reduce the size of a doorway or involve the enclosure of an open area, and
• (d) not affect the load bearing capacity (whether vertical or horizontal) of a building, and
• (e) not include a change to the fire resisting components of, or interfere with the entry to, or exit from, or the fire safety measures contained within, a building, and
• (e1) if it is the installation of a partition, work station or counter—
• (i) comply with the requirements set out in the Building Code of Australia, Volume 1, D2D5, and
• (ii) if located beneath a fire sprinkler—not be higher than 1.5m, and
• (f) if it is the installation of new or replacement insulation material in a dwelling, it must be in accordance with the ABCB Housing Provisions Standard, Part 13.2, and
• (g) not affect an existing awning, or more than 25% of the gross floor area of an existing building to which an awning is attached, unless the awning complies with the requirements set out in the Building Code of Australia, Volume 1, B1P1 and B1P2.
• (2) In this clause—ABCB Housing Provisions Standard means the Housing Provisions Standard published by the Australian Building Codes Board in 2022.

Do your proposed works meet the above criteria?

Question 38

Your planned works appear to satisfy the preliminary criteria for exempt development.

Does your planned minor building alteration (external) concern a minor external non-structural building alteration such as:

• (a) painting, plastering, cement rendering, cladding, attaching fittings or decorative work,
• (b) the replacement of an external window, glazing areas or a door (other than those on bush fire prone land),
• (c) the repair to or replacement of a non-structural wall or roof cladding,
• (d) the installation of a security screen or grill to a door or window or a security door,
• (e) the repair to or replacement of a balustrade,
• (f) restumping or repairing structure foundations without increasing the height of the structure,
• (g) other remedial work necessary to repair or maintain the building,

on land that is more than 18km from Siding Spring Observatory?

Question 38a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item, in a heritage conservation area or a draft heritage conservation area.

Under the development standards the minor building alterations (external) must:

• (a) not comprise the making of, or an alteration to the size of, any opening in a wall or roof, such as a doorway, window or skylight, and
• (b) not reduce the existing fire resistance level of a wall or roof, and
• (c) if located on bush fire prone land—
• (i) be adequately sealed or protected to prevent the entry of embers, and
• (ii) use equivalent or improved quality materials, and
• (d) not affect any existing fire resisting components of the building, and
• (d1) if the development involves cladding or is attaching fittings or decorative work—
• (i) not be carried out on any building other than a 1 or 2 storey dwelling house, attached development or detached development, and
• (ii) not involve the use of external combustible cladding, and
• (e) not affect the means of egress from the building in an emergency, and
• (f) if it is the installation of a security screen or grill to a door or window or a security door—
• (i) be for the purposes of a dwelling, or
• (ii) be for any other purpose so long as—
• (A) the screen or grill is installed for a door or window that is situated at least 5m from the boundary of any road, or
• (B) the security door is installed at least 5m from the boundary of any road, and
• (g) not be under an awning, unless the awning complies with the requirements set out in the Building Code of Australia, Volume 1, B1P1 and B1P2.

Do your proposed works meet the above criteria?

Question 39

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a pathway or paving, including any paving of a deck, pergola, patio or terrace?

Question 39a

Your planned works may comprise exempt development if the relevant requirements are met.

Note that under the specified development requirements, the construction or installation of any paving of a driveway, hard stance space or turning or parking area to be used by vehicles for any purpose, including the delivery or loading of goods are not included.

Under the development standards the pathway or paving must:

• (a) be constructed or installed so that any surface water or runoff is disposed of by a drainage system that is connected to the existing stormwater drainage system, and
• (b) if constructed or installed in a residential zone or Zone RU5—
• (i) not require cut or fill more than 600mm below or above ground level (existing), and
• (ii) not result in the total area of all paved areas (including driveways and hard stand spaces) on the lot exceeding 15% of the area of the lot or 150m2, whichever is the lesser, and
• (c) if constructed or installed in a residential zone—
• (i) on a lot that has a width at the front building line of not more than 18m—have at least 25% of the area forward of the building line as landscaped area, and
• (ii) on a lot that has a width at the front building line of more than 18m—have at least 50% of the area forward of the building line as landscaped area, and
• (d) if constructed or installed in a zone (other than a residential zone or Zone RU5)—
• (i) not require cut or fill more than 1m below or above ground level (existing), and
• (ii) not reduce any required landscaped area along a boundary with a road or an adjoining lot on which a dwelling is located.

Note: The Standard Instrument defines landscaped area as a part of a site used for growing plants, grasses and trees, but not including any building, structure or hard paved area.

Do your proposed works meet the above criteria?

Question 40

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a portable swimming pool or spa or child-resistant barrier that is required under the Swimming Pools Act 1992?

Question 40a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item, or on land in a foreshore area.

Under the development standards the portable swimming pool or spa must:

• (a1) be for residential uses only, and
• (a) be located in the rear yard, and
• (b) be located at least 1m from each lot boundary, and
• (c) not exceed 2,000 L in capacity, and
• (d) not require structural work for installation, and
• (e) not impact on the structural stability of any building.

Under the development standards the child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.

Do your proposed works meet the above criteria?

Question 41

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a privacy screen that is not attached to a boundary fence or retaining wall?

Question 41a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on land in a foreshore area.

Under the development standards the privacy screen must:

• (1)(a) if attached to a balcony, deck, patio, terrace or verandah—be at least 1.7m, but not more than 2.2m, above the finished floor level of that development, and
• (b) if located on the ground—be not higher than 2.5m above ground level (existing), and
• (c) be not longer than 5m, and
• (d) be located at least 900mm from each lot boundary, and
• (e) be located in the rear yard.
• (2) There must not be more than 2 such privacy screens erected under this clause on any lot.

Do your proposed works meet the above criteria?

Question 42

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a rainwater tank above ground?

Question 42a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on land in a foreshore area or in an environmentally sensitive area.

Under the development standards the rainwater tank above ground must:

• (1)(a) if it is on land other than land in Zone RU1, RU2, RU3, RU4, RU6, R5, E2, E3 or E4—
• (i) (Repealed)
• (ii) not have a capacity more than 10,000 L, and
• (iii) be located at least 450mm from each lot boundary, if the tank has a height of more than 1.8m above ground level (existing), and
• (b) if it is on land in Zone RU1, RU2, RU3, RU4, RU6, R5, E2, E3 or E4—be located at least 10m from each lot boundary, and
• (c) be located behind the building line of any road frontage, and
• (d) not rest on the footings of an existing building for support, and
• (e) not require cut and fill of more than 1m below or above ground level (existing), and
• (f) be fitted with a screened rain head designed to ensure self-cleaning and prevent leaf litter entering into the water tank, and
• (g) be fitted with a first-flush device incorporating an automatic resetting valve that causes initial run-off rainwater to bypass the tank, and
• (h) be constructed or installed with inlets and outlets designed to prevent mosquitoes breeding in it, and
• (i) have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and
• (j) have a sign affixed to it with a statement to the effect that the water in the tank is rainwater, and
• (k) if it is constructed or installed on or in a heritage item or a draft heritage item—be located in the rear yard.
• (2) Pumps attached to the development must be housed in an enclosure that is soundproofed.
• (3) If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements.
• (4) (Repealed)

Do your proposed works meet the above criteria?

Question 43

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a rainwater tank below ground where:

• (a) it is constructed or installed on land in Zone RU1, RU2, RU3, RU4, RU6 or R5, and
• (b) it is not constructed or installed on land that is identified on an Acid Sulfate Map as being Class 1–5, and
• (c) it is not constructed or installed on land that is identified as an environmentally sensitive area?

Question 43a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation:

Under the development standards the rainwater tank below ground must:

• (1)(a) be fitted with a first-flush device that causes initial run-off rainwater to bypass the tank, and
• (b) have a sign affixed to it stating the water in it is rainwater, and
• (c) be constructed or installed to prevent mosquitoes breeding in it, and
• (d) have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and
• (e) if it is constructed or installed on or in a heritage item or a draft heritage item—be located in the rear yard.
• (2) Pumps attached to the development must be housed in an enclosure that is soundproofed.
• (3) If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements.

Do your proposed works meet the above criteria?

Question 44

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a screen by attaching it to a balcony, deck, patio, pergola, terrace or verandah of a dwelling?

Question 44a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item.

Under the development standards the screen must:

• (a) not have a solid enclosing wall, and
• (b) if it encloses a structure attached to the ground level of a single storey dwelling or the upper level of a two storey dwelling—not be higher than the roof gutter line, and
• (c) if it encloses a structure attached to the ground level of a two storey dwelling—not be higher than 3m above the floor level of the structure it is enclosing, and
• (d) if it encloses a freestanding structure—not be higher than 3m above the floor level of the structure it is enclosing, and
• (e) if it encloses a structure attached to the upper level of a two storey dwelling—not enclose an area of more than 9m2, and
• (f) be located behind the building line of any road frontage, and
• (g) be located at least 900mm from each lot boundary, and
• (h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and
• (i) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
• (j) if it is not located on bush fire prone land—have at least two-thirds of its perimeter comprising open screen mesh material, and
• (j1) if it is located on bush fire prone land—cover all openings, including any sub-floor areas, operable windows, vents and eaves, and be made of a non-corrosive metal material with a maximum aperture of 2mm, and
• (k) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
• (l) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—not be attached to any balcony, deck, patio, pergola, terrace or verandah that faces any road.

Do your proposed works meet the above criteria?

Question 45

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a shade structure of canvas, fabric, mesh or the like?

Question 45a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on land in a foreshore area.

Under the development standards the shade structure of canvas, fabric, mesh or the like must:

• (a) (Repealed)
• (b) not have an area more than—
• (i) if for residential uses—20m2, or
• (ii) if it is constructed or installed for the purposes of a centre-based child care facility in a residential zone—40m2, or
• (iii) if it is constructed or installed for the purposes of a centre-based child care facility in a zone other than a residential zone—60m2, or
• (iv) if it is constructed or installed for the purposes of any other use—30m2, and
• (c) not cause the total area of all such structures on the lot to be more than 15% of the ground floor area of all buildings on the lot, and
• (d) not be higher than 3m from ground level (existing), and
• (e) be located at a distance from each lot boundary of at least—
• (i) if the development is carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or
• (ii) in any other case—900mm, and
• (f) be located behind the building line of any road frontage, and
• (g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and
• (h) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
• (i) not interfere with the functioning of existing drainage fixtures or flow paths, and
• (j) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
• (k) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
• (l) if it is constructed or installed for the purposes of a centre-based child care facility—be constructed of non-combustible material.

Do your proposed works meet the above criteria?

Question 46

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a skylight, roof window or ventilator on land that is more than 18km from Siding Sping Observatory?

Question 46a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item or on land in the local government area of Coonamble, Gilgandra, Warrumbungle Shire or Dubbo Regional.

Under the development standards the skylight, roof window or ventilator must:

• (aa) be for residential uses only, and
• (a) not cause the total area of all such structures to be more than 2% of the total roof area of the building, and
• (b) be located at least 900mm from each lot boundary, and
• (c) be located at least 900mm from a wall separating attached dwellings, and
• (d) be constructed or installed so that any opening created is adequately weather proofed, and
• (e) not involve work that reduces the structural integrity of the building, and
• (f) if located on bush fire prone land—be adequately sealed or protected to prevent entry of embers, and
• (g) if constructed or installed in a heritage conservation area or a draft heritage conservation area—not be visible from any road frontage.

Note: Development for the purposes of small wind turbine systems or solar energy systems (ie a photovoltaic electricity generating system, solar hot water system or solar air heating system) is specified as exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021, Part 2.3, Division 5.

Do your proposed works meet the above criteria?

Question 47

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a stairway, or a series or flight of steps?

Question 47a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be in a heritage item or a draft heritage item or on land in a foreshore area or on land identified as having Aboriginal cultural significance.

The development standards for a stairway, or a series or flight of steps are:

• (a) the development must be constructed adjacent to a balcony, deck, patio, pergola, terrace or verandah or be located so as to provide external access to a dwelling, and
• (b) no part of the stairway (excluding handrails) may be more than 1m above the ground level (existing), and
• (c) the development must be located at least 450mm from each lot boundary, and
• (d) the development must not interfere with the functioning of existing drainage fixtures or the natural surface flow of water, and
• (e) if it is located on bush fire prone land and is less than 5m from a dwelling—the development must be constructed of non-combustible material, and
• (f) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—the development must be located in the rear yard, and
• (g) the development must be constructed in accordance with AS 1657:2018, Fixed platforms, walkways, stairways and ladders—Design, construction and installation.

Do your proposed works meet the above criteria?

Question 48

Your planned works appear to satisfy the preliminary criteria for exempt development.

Do your planned works concern the construction or installation of a water feature or pond?

Question 48a

Your planned works may comprise exempt development if the relevant requirements are met.

Under the specified development requirements, the construction or installation cannot be on or in a heritage item or a draft heritage item.

Under the development standards the water feature or pond must:

• (1)(a) not have a water depth of more than 300mm, and
• (a1) not have a surface area of more than 10m2, and
• (b) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
• (2) Despite subclause 1(a), a pond sump may be placed in a water feature or pond below a water depth of 300mm if the sump is covered with a bolted or anchored grate that is capable of supporting a weight of 150kg.

Do your proposed works meet the above criteria?

Results

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