Table of Contents
Last reviewed: November 2026
tl;dr
- Exempt development is minor work that needs no planning or building approval, as long as every standard is met.
- The top 5 for homeowners are garden sheds, carports, decks and pergolas, fences, and driveways or hardstands.
- Miss one standard and the work needs approval, either a CDC or a DA.
- Heritage, bushfire and other site constraints can rule exempt development out.
Many small projects around the home can go ahead without council approval. The rules are in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, known as the Codes SEPP, and they apply across NSW. The catch is that “exempt” only applies if you meet every single standard. This guide explains the five most common projects in plain English.
The top 5 at a glance
| Project | Key limits to stay exempt |
|---|---|
| 1. Garden shed | Up to 20m² in most zones, or 50m² in rural zones and the R5 Large Lot Residential zone |
| 2. Carport | Up to 20m² on lots of 300m² or less, 25m² on larger lots in most zones, 50m² on larger lots in rural zones and R5. No higher than 3m |
| 3. Deck or pergola | Up to 25m², floor no more than 1m above ground, no higher than 3m |
| 4. Fence | Side and rear fences up to 1.8m, or 1.2m if masonry, in residential zones |
| 5. Driveway or hardstand | A hardstand car space up to 20m², with enough landscaping kept in the front yard |
These are the headline limits only. Each project also has rules on setbacks from boundaries, materials, drainage and location.
1. Garden sheds
Do I need Council approval for a shed?
A garden shed, cubby house or greenhouse can be exempt if it is no bigger than 20m² in most zones, or 50m² in rural zones and the R5 zone. It must also meet the height, setback and material rules, and roof water must drain properly.
2. Carports
Can I build a carport without approval NSW?
A carport can be exempt if it fits the size limit for your lot and is no higher than 3m. Only one carport is allowed per house, or two where there is also a granny flat. Carports can’t be exempt on a heritage item or in a foreshore area. On bushfire-prone land, a carport within 5m of the house must be non-combustible.
3. Decks, patios and pergolas
Is my deck exempt development?
A deck, patio, pergola, terrace or verandah can be exempt if it is no bigger than 25m², the floor is no more than 1m above ground, any enclosing wall is no higher than 1.4m and it is no higher than 3m. On lots over 300m², the total of all these structures can’t exceed 15% of the home’s ground floor area. On lots of 300m² or less, the total limit is 25m².
4. Fences
What is the maximum fence height without approval NSW?
In residential zones, side and rear fences can be exempt up to 1.8m high, or 1.2m if built from masonry. Front fences have lower height limits and must be partly see-through. Different rules apply in rural, business and industrial zones.
5. Driveways and hardstands
Can I build a driveway or pave my property as exempt development NSW?
Driveways, paths, paving and a hardstand car space can be exempt. A hardstand must be at least 2.6m wide and 5.4m long and no bigger than 20m². In residential zones you must keep at least 25% of the front yard landscaped on lots 18m wide or less, or 50% on wider lots.
When exempt development doesn’t apply
- The work misses any standard, even by a small amount.
- The property is a heritage item, or other land excluded for that type of work.
- It would be built over an easement or sewer main without the authority’s approval.
- It breaches a condition of an existing approval or a covenant on title.
In those cases you’ll need a complying development certificate (CDC) or a development application (DA). Our guide on choosing between a CDC and a DA explains the difference.
Not sure if your project is exempt? Talk to a local Town Planner from our team before you build. Unapproved work can cause trouble when you sell.
Exempt development in my council area
Jump to your council:
- Liverpool
- Campbelltown
- Fairfield
- Canterbury-Bankstown
- Cumberland
- Blacktown
- Parramatta
- The Hills Shire
- Camden
- Penrith
- Wollondilly
- Sutherland Shire
Do I need approval for a shed or carport in Liverpool?
Not if it meets every exempt standard in the Codes SEPP, which applies across Liverpool just as it does across NSW. The Liverpool Local Environmental Plan 2008 sets the zoning, which decides whether the residential or rural size limits apply. Check flood-affected land along the Georges River and any covenants in newer estates before you build.
Do I need approval for a shed or carport in Campbelltown?
Not if it meets every exempt standard in the Codes SEPP, which applies across Campbelltown just as it does across NSW. The Campbelltown Local Environmental Plan 2015 sets the zoning. On bushfire-prone land on the urban edge, extra material rules apply, such as non-combustible carports close to the house.
Do I need approval for a shed or carport in Fairfield?
Not if it meets every exempt standard in the Codes SEPP, which applies across Fairfield just as it does across NSW. The Fairfield Local Environmental Plan 2013 sets the zoning, which decides whether the residential or rural size limits apply. Check flood-affected land along Prospect Creek and other local creeks before you build.
Do I need approval for a shed or carport in Canterbury-Bankstown?
Not if it meets every exempt standard in the Codes SEPP, which applies across Canterbury-Bankstown just as it does across NSW. The Canterbury-Bankstown Local Environmental Plan 2023 sets the zoning. Many lots are 300m² or less, so the smaller carport and deck limits often apply here.
Do I need approval for a shed or carport in Cumberland?
Not if it meets every exempt standard in the Codes SEPP, which applies across Cumberland just as it does across NSW. The Cumberland Local Environmental Plan 2021 sets the zoning. Check for sewer mains and easements in the backyard, which are common on older lots and can rule out a shed or deck in that spot.
Do I need approval for a shed or carport in Blacktown?
Not if it meets every exempt standard in the Codes SEPP, which applies across Blacktown just as it does across NSW. The Blacktown Local Environmental Plan 2015 sets the zoning, and release areas sit under State precinct controls. In newer estates, covenants on title often control sheds, fences and carports, so check them first.
Do I need approval for a shed or carport in Parramatta?
Not if it meets every exempt standard in the Codes SEPP, which applies across Parramatta just as it does across NSW. The Parramatta Local Environmental Plan 2023 sets the zoning. Heritage items can’t use some exempt options, such as carports, and homes in heritage conservation areas need extra care.
Do I need approval for a shed or carport in The Hills Shire?
Not if it meets every exempt standard in the Codes SEPP, which applies across The Hills Shire just as it does across NSW. The Hills Local Environmental Plan 2019 sets the zoning, which decides whether the larger rural and R5 limits apply. On bushfire-prone land, extra material rules apply.
Do I need approval for a shed or carport in Camden?
Not if it meets every exempt standard in the Codes SEPP, which applies across Camden just as it does across NSW. The Camden Local Environmental Plan 2010 sets the zoning, and the growth areas sit under State precinct controls. In newer estates such as Oran Park and Gregory Hills, covenants on title often control sheds, fences and carports.
Do I need approval for a shed or carport in Penrith?
Not if it meets every exempt standard in the Codes SEPP, which applies across Penrith just as it does across NSW. The Penrith Local Environmental Plan 2010 sets the zoning, which decides whether the larger rural and R5 limits apply. Check flood-affected land on the Nepean River floodplain before you build.
Do I need approval for a shed or carport in Wollondilly?
Not if it meets every exempt standard in the Codes SEPP, which applies across Wollondilly just as it does across NSW. The Wollondilly Local Environmental Plan 2011 sets the zoning, and many rural and R5 lots get the larger 50m² shed and carport limits. Large areas are bushfire-prone, so extra material rules often apply.
Do I need approval for a shed or carport in Sutherland Shire?
Not if it meets every exempt standard in the Codes SEPP, which applies across Sutherland Shire just as it does across NSW. The Sutherland Shire Local Environmental Plan 2015 sets the zoning. Carports can’t be exempt in foreshore areas, and bushfire-prone land near bushland and the Royal National Park adds extra material rules.
Frequently asked questions
What is exempt development in NSW?
Minor, low-impact building work that doesn’t need planning or building approval, as long as it meets every standard in the Codes SEPP.
How big can a shed be without approval in NSW?
Up to 20m² in most zones, or 50m² in rural zones and the R5 Large Lot Residential zone, provided it meets the other standards.
Do I need approval for a carport?
Not if it meets the exempt standards, including the size limit for your lot and a maximum height of 3m. Carports can’t be exempt on a heritage item or in a foreshore area.
How high can a fence be without approval?
In residential zones, side and rear fences can be up to 1.8m, or 1.2m if built from masonry. Front fences have lower limits.
What if my project is just over the limit?
Then it isn’t exempt. You’ll need a complying development certificate or a development application before you build. Check out our guide on CDC or DA? Choosing the Right Approval Pathway in Sydney
What other exemptions are available?
There are plenty of other minor works that can be undertaken as exempt development NSW. If you want to know more or have a specific project in mind, reach out to our team using the link below or explore the other options at this link.
Talk to PLANZONE
Planning a shed, carport, deck or fence? We’ll confirm whether it’s exempt or needs approval, so you can build with confidence. PLANZONE is a town planning consultancy with offices in Liverpool and the Sydney CBD, working with councils right across Greater Sydney.
