If you want to build, extend or alter a single dwelling house there are a few things to consider.
There are development controls and if these are met, you will not need to get a development application (DA) approved. If these are not met, you will need DA approval.
Other approvals, such as Building approval (BA) will likely be needed for the construction, extension or alteration of a single dwelling.
If you are looking to undertake other works related to a single dwelling house or on the block, such as internal alterations, build a carport, garage or deck, adjust windows, build a retaining walls, or put in solar panels or skylights, you will need to consider other exemption criteria.
DA exempt single dwellings
Building or altering a single dwelling on a residential block generally won't need development approval if:
- it will be the only dwelling on the block
- the dwelling or alteration complies with the requirements set out in the relevant Development Controls
- Information on the proposal has been provided to the adjoining neighbours and
- complies with the general exemption criteria.
If the block has been approved under an estate development plan or subdivision design application but is not yet a formalised under the Districts Act 2002, the above can only apply if the dwelling is built by the lessee of the holding lease.
Development Controls
Development controls are instruments made under the Planning (Exempt Development) Regulation 2023 (the Exempt Development Regulation). They outline the requirements single dwelling houses need to meet in order to be DA exempt.
There are development controls that apply to all single dwelling housing work as well as district specific controls. All relevant development controls need to be considered and complied with for the works to be DA exempt.
Please note, there are not development controls for all districts. Where single dwelling works are proposed in a district that does not have district controls, only the general Single Dwelling Housing Development Controls will apply.
Minor encroachments (exemption declarations)
For single dwelling works that propose minor encroachments into one or more of the following controls (as outlined in the Single Dwelling Housing Development Control), the applicant may apply to the Territory Planning Authority for an exemption declaration:
- front, side or rear setback requirements
- building envelopes
- solar building envelopes and
- minimum private open space requirements.
If the Authority give an exemption declaration, the single dwelling can continue to be considered as DA exempt.
Further information on exemption declarations can be found at exemption declarations.
Information to neighbours
The building or alterations of single dwellings will need to comply with section 1.18 of the Planning (Exempt Development) Regulation 2023 to be exempt from development approval.
This requires the proponent to take reasonable steps to give written information about the proposal to adjoining residents.
Written information must include:
- site plans
- elevation plans
- shadow diagrams (if the proposal extends beyond any relevant solar building envelope);
- a completed Information for adjoining resident form [182.3 KB].
DAs for single dwellings
If the construction, extension or alteration of a single dwelling does not meet any of the above then a DA will need to be approved.
More information about the DA process is available in the Guide to DAs [962.2 KB].
BAs for single dwellings
Building approval will likely be needed for the construction, extension or alteration of a single dwelling.
If an exemption declaration or a DA is required, these need to be obtained before you get BA.
