Q: What is exempt development?
A: Minor development in NSW often does not require any planning or construction approval.
This is called exempt development because it is exempt from planning approval. Exempt development typically covers the minor “do it yourself” renovation work such as replacing the tiles in your bathroom or erecting a pre-fabricated structure such as a garden shed. What is considered to be exempt development is identified in either a State or local council planning document and will include predetermined standards outlining the size, type and location of the building work for it to be exempt of any planning or construction approval.
The State Environmental Planning Policy (Exempt and Complying Codes) 2008 contains the General Exempt Development Code.
NB: This information has been sourced from the NSW Housing Code website.
Q: What is complying development?
A: If what you want to build falls outside of what is considered to be exempt development, it may fall into the category of complying development.
Complying development is a combined planning and construction approval. Complying development is a fast track, 10-day approval process where a building meets all of the predetermined standards established in either a State or local council planning document. The standards or rules that the building must comply with are numerical, meaning that the design of the building will exactly meet the numbers in the rules. For example, a complying development height might be 8.5m, the proposed building’s height therefore cannot be greater than 8.5m. A complying development certificate can be issued by either your local council or an accredited certifier.
The State Environmental Planning Policy (Exempt and Complying Codes) 2008 contains the General Housing Code which covers complying developments. See also the User Guide to NSW Housing Code
NB: This information has been sourced from the NSW Housing Code website.
Q: What is the difference between exempt and complying development?
A: In a nutshell, exempt development is exempt from planning approval, whilst complying development requires the proposed development to be assessed by a Council or Private Certifier . Both have predefined standards that must be adhered to.
For more information, please go to the NSW Housing Code website.
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