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Exempt Development: No Approval Needed

Maximising Flexibility

NSW residents are making the most of the state's flexible legislation, which allows certain minor building projects without requiring planning or building approval. This includes versatile, non-habitable structures like garden sheds, which can serve various purposes—provided they aren’t used for continuous or extended occupancy.


Our cabins offer a multipurpose space to suit your needs without the hassle of council approvals, giving you greater flexibility on your own property.

What is Exempt Development?

Exempt development covers low-impact renovations and structures that comply with specific State Policy standards, eliminating the need for planning or building approval. This includes cabanas, cubby houses, garden sheds, and gazebos, as long as they are not located on heritage sites or within environmentally sensitive areas.

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What Are the Requirements for Exempt Development?

Structures qualify as exempt development under this code if they meet these standards:


  • Floor Area: Maximum of 20m².
  • Height: Must not exceed 3m above existing ground level.
  • Setback: At least 900mm from each lot boundary.
  • Building Line: Positioned behind the building line of any road frontage.
  • Material Restrictions: Cannot be a shipping container and must be built with low-reflective materials.
  • Drainage: Roof water must be managed to prevent nuisance to neighbours.
  • Bushfire Safety: On bushfire-prone land, it must be at least 5m from a dwelling.
  • Heritage Areas: In heritage conservation areas, it must be located in the rear yard.
  • Access: Must not obstruct entry, exit, or fire safety measures of adjacent buildings.
  • Building Classification: Classified as Class 10 and not suitable for habitation.
  • Easements: At least 1m from any registered easement.


A maximum of two such structures is allowed per lot. By following these guidelines, you can take advantage of exempt development regulations without requiring formal approvals.

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