• Generally, most developments in the ACT need approval before work can begin.
  • In some cases, you might be exempt and not need development application (DA) approval if they meet certain criteria.
  • You can self-check whether you’re exempt before submitting a DA.

Some projects may not need to get a development application (DA) approved if they meet relevant Planning (Exempt Development) Regulation 2023 (the Regulation) conditions.

You can self-check if your project might be exempt from development application (DA) approval. If you need help, contact a building certifier, who can provide a formal exemption notice.

Start your check

  • The project is not for a significant development or would not be inconsistent with an essential design element.
  • The project meets the relevant general criteria to be exempt.
  • Depending on your project, the project must also meet a list of specific requirements to be exempt. Check Schedule 1 of the Regulation for the criteria relevant to your project.

NOTE: It's important to check both the general and specific exemption criteria first. You may not know which general exemption criteria apply until you read the specific exemption criteria for your project.

General exemption criteria

Before you start, your project must meet the following general exemption criteria.

Easements

To be exempt, your project must not be in an easement (proposed or existing), utility infrastructure access or protection space. If it is, you must have written permission from the relevant entity, like a utility company. Get more information about your block.

Plumbing and drainage

To be exempt, you project must not interfere with plumbing and drainage clearances. Get more information about your block.

Tree protection

To be exempt, your project must not breach the Urban Forest Act 2023. See what trees are protected by this legislation.

Environment Protection

To be exempt, your project must not breach the Environment Protection Act 1997. See more information the Environment Protection Authority.

Nature Conservation

To be exempt, your project must not breach the Nature Conservation Act 2014.

Heritage

To be exempt, your project must not breach the Heritage Act 2004. The Heritage Council can tell you whether the development meets all the relevant requirements.

Crown Lease

To be exempt, your project must comply with the lease. Get more information about your block.

Number of Dwellings

To be exempt, your project must not increase the number of dwellings (homes) on a block to 2 or more.

Affected residential premises

To be exempt, your project must not involve a building containing loose-fill asbestos. Unless the works are to demolish the building, or they’ll help health, safety or living conditions. Check the Affected Residential Premises Register.

Other exemption criteria

An exempt development is required to meet the requirements of other territory law relating to land use or the provision of services. This includes, for example, the Building Act 2004, Utilities Act 2000 and the Water and Sewerage Act 2000.

Specific exemption criteria

To be exempt from DA approval, you must meet the general exemption criteria and specific criteria.

The below list includes specific criteria for common types of development that may not need DA approval. These are examples to use as a guide, so always read the the Regulation.

Note: Different exemption rules apply for rural leases, schools and other non-residential developments.

Carports, pergolas and shade structures

Relevant rules in the Regulation:

  • Schedule 1, Part1.4, Division 1.4.2, Section 1.43

Carports and shade structures are class 10a structures. They have different exemption criteria, depending on the roofing and level of enclosure.

Unenclosed class 10a structures are exempt from DA approval if:

  • the roof plan area isn’t more than 50m²
  • there are no more than 2 walls on the sides
  • no part of the building extends beyond any relevant solar building envelope
  • it’s no more than 3m above datum ground level. But the structure can be as high as 4m above ground level if no part is higher than a 30° plane – see the image below
  • it has a floor, and:
    • the finished floor level is no more than 0.4mabove datum ground level for any part within 1.5mof a side or rear boundary, and
    • it's 1m above finished ground level in any other case.
  • it is behind the building line.

There’s extra criteria if you’re building an exempt class 10 structure within 1.5m of a side or rear block boundary when there is already an exempt class 10 structure in that area. Please refer to the second exempt building clearance area exemptions.

Also note there are separate DA exemptions for:

  • unroofed decks, patios, pergolas and terraces, and
  • external verandahs.

There may also be carport, pergola and shade structure BA exemption criteria.

Courtyard walls

Courtyard walls can provide privacy, security and screening.

The Residential Zones Single Dwelling Housing Development Controls specifies controls for courtyard walls for single dwellings. These rules and requirements vary depending on the size of your block.

First, check your block size then check the rules below. If your courtyard wall follows these controls, it will not need DA approval.

The length of the courtyard wall can't be more than one of the following:

  • 50% of the width of your block (see first image below), and
  • 70% of the width of your block, if your block at the line of the wall is less than 12m wide (see second image below).

The wall must:

  • have minimum setback of 50% of the minimum front setback (see Schedule 1 of the Residential Zones Single Dwelling Housing Development Controls )
  • be no more than 1.8m high
  • be made of brick, block or stonework. These may be combined with timber or metal panels that include openings not less than 25% of the surface area of the panel and clearly distinguishes itself from a panel or timber fence
  • have shrub planting between the wall and the road. The shrub planting must be on your block and not go onto the nature strip or any paths, and
  • not obstruct sight lines for vehicles and pedestrians on public paths.

Diagram displaying the maximum length and depth of courtyard walls where the block width at the wall exceeds 12m.

Diagram displaying the maximum length and depth of courtyard walls where the block width at the wall is less than 12m.

Demolition

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4. Division 1.4.9:
    • Section 1.132
    • Section 1.133.

Examples include demolishing a single dwelling and class 10 buildings or structures.

If you want to demolish a building or structure in the heritage register or under a heritage agreement, you’ll likely need a DA approval.

Single dwellings

You can demolish a single dwelling, or part of one, without DA approval if:

  • it doesn't share a party wall with another dwelling (e.g. a duplex)
  • it complies with the general exemption criteria and
  • you provide written information to your next door neighbours before you start demolition.

See also: DA exemptions for single dwellings.

Buildings or structures

To demolish a building or other structure in a residential zone you won’t need a DA approval if:

  • it's a class 10 structure and
  • it complies with the relevant general exemption criteria.

To demolish a building or other structure in commercial zone you won't need a DA approval if:

  • a precondition in the Building Act 2004 exists in relation to building work involving the building or structure and
  • the Construction Occupations Registrar has given the owner of the block a notice under the Building Act 2004, section 62 (Notice to carry out building work) directing the owner to demolish the building or structure.

In any other case, if it were to be built, it would have been exempt from development approval.

See also: demolition BA exemptions.

Dish antennas

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.52.

Examples of dish antennas may include:

  • satellite dishes for receiving TV signals and sending signals to satellite
  • microwave receiving dishes for wireless voice and data, or
  • satellite dishes for wireless internet services.

A dish antenna doesn't need DA approval if:

  • it's a parabolic antenna with a solid, wire or mesh dish
  • it’s mounted on the ground, and:
    • the diameter is no more than 1.55m
    • the height is no more than 3m above datum ground level.
  • it’s mounted externally on a building in a residential area:
    • the diameter must not be more than 0.65m, and
    • the distance from the highest point of the antenna to the closest point on the roof is no more than 1.5m. This applies if the building is a single dwelling, and the closest point of the dwelling’s roof to the antenna is lower than the highest point of the antenna.
  • it's externally mounted on a building in a non-residential area:
    • the diameter is no more than 1.55m
    • the distance from the highest point of the antenna and the closest point on the roof is not more than 2m. This applies if the closest point of the building's roof to the antenna is lower than the highest point of the antenna, and
    • the antenna's colour matches the colour of the building, or is the manufactured colour.
  • it meets or complies with the general exemption criteria.

Satellite dishes are class 10 buildings. Extra criteria apply if you build 2 exempt class 10 structures within 1.5m of a side or rear block boundary.

Also see:

Driveways

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.1, Section 1.35 and 1.36.

A driveway across a road verge doesn't need DA approval if:

  • it’s for a single dwelling
  • it won’t result in more than 2 driveways across the road verge
  • Transport Canberra and City Services (TCCS) approves before you start building, and
  • it complies with the general exemption criteria.

Resealing existing driveways

You don’t need DA approval to reseal an existing driveway if you use one or more of the following materials:

  • concrete (including coloured or patterned concrete)
  • bitumen
  • pavers, including bricks
  • timber, and
  • grass, including stabilising treatment.

Remember to meet general exemption criteria to reseal existing driveways.

Find out more about driveway approvals.

External doors and windows

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.1, section 1.21 and 1.22.

Some examples of installing, altering or removing external doors and windows include:

  • bricking up an external window
  • enlarging a window
  • converting a window to a sliding glass door
  • converting a window to double doors, and
  • cutting an external wall to create a doorway or install a window.

You won't need DA approval to install, alter and remove external doors and windows if it involves no more than the following:

  • replacing a door or window without changing the width of the opening in the wall
  • only increasing the height or width of the door or window by no more than 340mm
  • reducing the height or width of the window or door
  • installing a wall to replace the door or window, or a part of the door or window
  • the change is more than 1.5m away from a side boundary or 3m from a rear boundary
  • installing a new door or window less than 2m wide in an exterior wall, that is less than 1m above datum ground level (low impact), and
  • it complies with relevant general exemption criteria.

High-impact windows may be exempt if they follow Section 1.22 of the Regulation.

Also see: external doors and windows BA exemptions.

Fences and freestanding walls

Relevant rules in the Regulation:

  • schedule 1, Part 1.4, Division 1.4.2, section 1.48

You won't need a DA to do this if:

  • you're rebuilding a damaged or destroyed fence that needs repair or replacement
  • it's no higher than 2.7m above datum ground level if it’s a mesh fence in an industrial zone
  • In any other case - it is no higher than 2.3m above datum ground level and the support post or column of a fence or wall is no higher than 2.5m above datum ground level
  • no part of the fence or wall is between a front boundary and a building line
  • no part of the fence or wall changes the flow of surface water to ponding or flows onto other land, and
  • it complies with the general exemption criteria.

Generally, fences that face the street in standard residential areas aren’t allowed. Property boundary separation is allowed, for example, by using hedges.

You can consider a survey to make sure you build the fence in the correct location and you don't cross any boundaries.

Fence ownership and costs

The ACT Government does not contribute to the cost of building or maintaining fences. All costs are the responsibility of the private property owner. This includes all front fences and fences to open space.

The Common Boundaries Act 1981 specifies general requirements and dispute mechanisms for fences.

Also see:

Garages, sheds and gazebos

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.42.

Certain roofed, enclosed or open-on-one-side buildings could be exempt from DA approval.

Garages, sheds and gazebos are class 10a buildings. They have different exemption criteria depending on the roofing and level of enclosure.

Examples of roofed, enclosed or open-on-one-side class 10a buildings include:

  • garages
  • greenhouses
  • storerooms
  • conservatories
  • cubbyhouses
  • gazebos
  • outbuildings
  • sheds
  • studios
  • stables, and
  • workshops.

You won't need DA approval for this type of building if:

  • it's enclosed by a roof and has walls on every side, or every side except one
  • it isn't more than 3m above datum ground level. The structure can be up to 4m above ground level if no part is higher than a 30° plane (see image below).
  • no part of the building extends beyond any relevant solar building envelope
  • the building plan area is:
    • not more than 10m2 and behind the building line, or
    • if it is more than 10m2 it is behind the building line and at least 15m from the block's front boundary.
  • the building isn't bigger than the size limitation for the block below if the block size:
    • isn't more than 500m2, your maximum plan area is 10m2
    • is 500m2 to 600m2, your maximum plan area is 25m2
    • is 600m2 or more, your maximum plan area is 50m2.

Diagram showing garage heights as described in text on page

Extra criteria apply if you're building two exempt class 10 structures within 1.5m of a side or rear block boundary.

See also:

Heating, cooling and solar photovoltaic (PV) installations

Relevant rules in Regulation:

  • Schedule 1, Part 1.4, Division 1.4.1
    • Section 1.30 for external cooling and water heating services
    • Section 1.31 for photovoltaic panels.

You don't need DA approval to install these items if:

  • no part of it is within 1.5m of a side boundary or rear boundary of the block
  • the distance from the top of the service to the closest point of the roof is no more than 1.5m (if mounted on a roof)
  • the service doesn't project beyond the relevant solar building envelope (if mounted on a roof), and
  • no part of the service is between a front boundary and a building line for the block (if mounted on the ground).

An external photovoltaic panel (PV) doesn’t need DA if:

  • no part of it is within 1.5m of a side boundary or rear boundary of the block
  • no part of a ground mounted panel is between the front boundary and the building line of the block
  • no part of the panel projects beyond any relevant solar building envelope, and
  • if the panel is a protruding panel on a block to which no solar building envelope applies, no part of a protruding panel:
    • is higher than 300mm above the closest point of the roof (see image below), or
    • restricts solar access of another block.

PV panel rules diagram. A protruding panel restricts solar access to another block if, on the winter solstice, when the sun's angle is 300 above the horizon, the panel’s shadow at ground level on the other block is larger than the shadow that would be cast by the roof without the panel.

A protruding panel restricts solar access to another block, if on the winter solstice when the sun's angle is 30° above the horizon, the panels shadow at ground level on the other block is larger than the shadow that would be cast by the roof without the panel.

You’ll need DA approval if:

  • PV panels will have significant impacts on your neighbours' access to solar, and
  • the panels do not meet the provisions of the Environment Protection Act 1997.

Other considerations

Keep in mind other laws may also apply. This includes heritage laws and energy efficiency provisions of building laws.

The installation must also follow noise standards under the Environment Protection Act 1997.

Internal fireplaces/solid fuel heaters

You won't need DA approval to install a solid fuel heater if the block is in an area other than:

  • Dunlop
  • East O'Malley, or
  • Molonglo Valley (excluding Wright).

Under the lease conditions or Memorandum of Provisions (MOP), solid fuel heaters are not allowed in these areas. To install a solid fuel heater in these areas, you must have written approval from the Territory.

In all other areas, you must make sure any chimneys, flues or vents follow section 1.27 of the Regulation.

Also see: heating, cooling and solar PV installations BA exemptions.

Internal fireplaces/solid fuel heaters

You won't need DA approval to install a solid fuel heater if the block is in an area other than:

  • Dunlop
  • East O'Malley, or
  • Molonglo Valley (excluding Wright).

Under the lease conditions or Memorandum of Provisions (MOP), solid fuel heaters are not allowed in these areas. To install a solid fuel heater in these areas, you must have written approval from the Territory.

In all other areas, you must make sure any chimneys, flues or vents follow section 1.27 of the Regulation.

Also see: heating, cooling and solar PV installations BA exemptions.

Chimneys, flues and vents

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.1, Section 1.27.

A chimney, flue or vent doesn’t need DA approval if it:

  • penetrates or is attached to the building's roof, and
  • doesn't extend more than 1.5m above the lowest point of the roof where the chimney, flue or vent penetrates/attaches to.
Home business

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.9, Section 1.136.

If DA approval is required for a home business, it's given for 5 years. A home business (conducted from a residential lease) doesn't need DA approval if:

  • no more than 2 people work on the premises at any time
  • anyone who works on the premises also lives there
  • the area used for the business (including storage) is not more than 40m2
  • any vehicles parked at the home business are in a driveway, garage, carport or location away from the road
  • all goods and materials business (other than goods or materials kept on another lease) are:
    • stored in buildings or structures that are on the lease, and
    • not seen from outside the lease.
  • the business does not bring more than 5 vehicles to the premises each day (averaged over a period of 7 days).

Note: the conduct of the business must follow the Environment Protection Act 1997.

Even if your home business is exempt from DA, you may need DA for any related development. For example, new building work, site works, or signage.

Also see:

Internal alterations

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.1, Section 1.20.

Internal alterations to a building may include:

  • internal repairs, renovations or upgrades
  • new kitchen fitouts
  • shop or office fitouts, and
  • removing internal walls.

An internal alteration does not need DA approval if:

  • its building class doesn’t change under the building code
  • there's no increase in gross floor area (for a non-residential building), and
  • it complies with relevant general exemption criteria.

A non-residential building is one that isn't used for residential purposes and not a class 10 building associated with a building used for residential purposes. For example, a private garage associated with a home is a residential building.

Also see: internal alteration BA exemptions.

Landscape gardening

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.9, Section 1.138.

Examples of landscape gardening include:

  • planting
  • establishing garden beds
  • paving
  • ground treatments
  • mulching
  • topsoiling, and
  • ground surface regrading.

It doesn't include retaining walls, ponds, pools or fences.

Landscape gardening doesn’t need DA approval if:

  • it's on land leased for residential purposes or it's for prescribed landscaping (even if the land is leased for residential purposes)
  • it doesn't change the public's existing access to the access way, footpath or bicycle path, and
  • it meets the relevant general exemption criteria, except criterion 1 if there is no structure built or installed.

Also see: landscape gardening BA exemptions.

Letterboxes and barbecues

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.47.

Letterboxes and barbecues are class 10b structures. A letterbox or barbecue doesn't need DA approval if:

  • the plan area isn't more than 2m²
  • the structure isn't wider than 2m
  • the structure isn't more than 1.85m above datum ground level
  • the finished floor level isn't more than 0.4m above datum ground level (if it has a floor)
  • no part of it is between a front boundary and a building line for the block (if it isn’t a single letterbox)
  • it's no more than 0.4m above datum ground level for any part within 1.5m of a side boundary or rear boundary of the block, and
  • it meets the relevant general exemption criteria.

Extra criteria apply if you're building two exempt class 10 structures within 1.5m of a side or rear block boundary.

Also see:

Maintenance

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.1, Section 1.25.

Examples of maintenance include to:

  • replace rotted timber window frames to maintain appearance and weatherproofing
  • replace broken roof tiles to prevent water damage
  • repair a building's plant and equipment, and
  • painting a building to maintain the building's appearance.

Maintenance work doesn't need DA approval if it:

  • doesn't change the kind of material for the relevant part of the building or structure, and
  • meets the relevant general exemption criteria excluding criteria.

Also see: maintenance BA exemptions.

Mast antennas

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.53.

A mast antenna and support structure doesn't need DA approval if:

  • the antenna is a receiving antenna only, or an antenna that can send and receive a signal
  • its diameter is not wider than 0.75m
  • it's mounted on the ground, and the antenna is no higher than 6m above datum ground level, and
  • it's mounted on a building, and the antenna is no more than 1.5m above the highest point of the building. The antenna's colour must also match the colour of the building.

Mast antennas are class 10 buildings. Extra criteria apply if you build two exempt class 10 structures within 1.5m of a side or rear block boundary.

Also see:

Note: Dish antennas have different requirements.

Open space boundary fences

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.49.

Open space boundary fences are usually built between leased and unleased land, for example:

  • at the rear of land bordering a nature reserve
  • between parklands and residential blocks
  • between pedestrian laneways and residential blocks, or
  • at the side boundaries of the corner block.

Open space boundary fences don't need DA approval if:

  • a development requirement for the block specifies a basic paling fence for the boundary
  • it’s no more than 1.85m above datum ground level
  • no part changes the flow of surface water to cause ponding or flow onto other land
  • it complies with relevant general exemption criteria, and
  • it’s a basic paling fence or a metal fence.

For a metal fence, it must:

  • be unperforated metal
  • be finished in a pre-coloured proprietary finish
  • be used according to the manufacturer's instructions
  • cap all sharp edges of metal sheets
  • for any one side of the fence:
    • all panels must be the same material, flatness and corrugation (if any), and
    • all visible components (other than fasteners, footings and cut ends of components) must be the same external colour as the panels.
  • be a solid colour that is, or closely matches, a colour from AS 2700 (Colour Standards for General Purposes), and
  • be the same form, finish and colour for the full length of the open space boundary for the block, for that side of the fence.

Note: The ACT Government doesn't contribute to the cost of building or maintaining fences. All costs are the responsibility of the private property owner.

Also see:

Ponds

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.56.

Examples of ponds that aren’t inside buildings include:

  • fish ponds
  • water storage ponds
  • ponds for water features, and
  • fountain ponds.

A pond doesn’t need DA approval if:

  • it isn’t used for swimming, wading or bathing
  • the water depth is no more than 300mm deep
  • no part of the pond is between a front boundary and a building line for the block
  • no part is within 1.5m of a side boundary or rear boundary for the block, and
  • it meets all the relevant general exemption criteria.

Also see: pond BA exemptions.

Pool fencing and barriers

Relevant rules in the Regulation:

  • Schedule 1.

The Building Act 2004 requires all swimming pools to have fences and barriers. These barriers help keep young children away from the water.

Pool fencing or barriers don't need DA approval if:

  • it isn't an open space boundary fence
  • it's no more than 2.7m above datum ground level (for a mesh fence in an industrial zone)
  • it's otherwise no more than 2.3m above datum ground level (the support posts can be 2.5m)
  • no part is between a front boundary and a building line for the block
  • no part changes the flow of surface water in a way that causes ponding or flow onto other land and
  • it meets the relevant general exemption criteria.

Also see:

Refinishing external appearance

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.1, Section 1.23.

This might include:

  • changing a house roof from metal sheet to tile, or vice versa
  • rendering exterior brickwork with cement render and
  • changing weatherboard cladding to brick-veneer.

You don't need DA approval to refinish exterior appearance for:

  • a wall, sill or fascia or an eave lining
  • a downpipe or flashing or guttering
  • trim
  • roofing or a roof duct, flue, gutter or vent
  • a vent pipe
  • a step or landing
  • a handrail or balustrade or other barrier that functions as a balustrade and
  • a pole or post.

This includes if you paint the outside of a building or structure to change its appearance other than painting a design or sign on the outside of the building or structure or painting the building for maintenance.

This does not include a fence for an open space boundary, external door or window or a skylight.

See also DA exemptions for:

  • external doors and windows
  • skylights
  • open space boundary fences.

Also see: refinishing external appearance BA exemptions.

Retaining walls

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.50.

Different rules apply depending on the type of retaining wall (fill or cut) you're building:

  • fill retaining walls – above ground level
  • cut-in retaining walls – below ground level, and
  • combination retaining walls.

All retaining walls must meet the relevant general exemption criteria.

Fill retaining wall – above ground level

A fill retaining wall is a wall, or part of a wall, that keeps soil above datum ground level. They don't need DA approval if:

  • the retaining wall is:
    • between a front boundary and a building line for the block and/or if it is within 1.5m of a side boundary or rear boundary, and
    • is not higher than 0.4m above datum ground level.
  • for any other part of the wall, it isn't more than 1m above datum ground level on the lowest side of the wall, and
  • it's the only class 10 building or structure (other than a boundary fence) built within 1.5m of the boundary. Otherwise, the second exempt building or structure within boundary clearance area exemption applies. See the second building clearance area exemptions

Diagram of a fill retaining wall.

Cut-in retaining wall – below ground level

A cut-in retaining wall keeps an embankment cut below datum ground level. It doesn't need DA approval if the retaining wall is:

  • between a front boundary and a building line for the block (and/or within 1.5m of a side boundary or rear boundary), and
  • isn't higher than 0.4m above datum ground level
  • for any other part of the wall, it isn't more than 1.2m above datum ground level on the lowest side of the wall, and
  • it's the only class 10 building or structure (other than a boundary fence) built within 1.5m of the boundary. Otherwise, the second exempt building or structure within boundary clearance area exemption applies. See second building clearance area exemptions.

Diagram of a cut in retaining wall.

Combination retaining wall

This type of retaining wall is both a cut-in retaining wall and a fill retaining wall. These need to meet all the above requirements.

Second building in clearance area

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.41.

You may not need DA approval to build a second class 10 development if there’s already a class 10 building or structure within the boundary clearance area (within 1.5m from the boundary) of a block. You must make sure:

  • part or all of the existing (first) class 10 building or structure, is in a boundary clearance area of the block
  • the second development would be DA exempt under schedule 1 of the regulation if the first thing were not located partially or fully within the boundary clearance area
  • part or all of both structures are the only class 10 buildings or structures (other than a boundary fence) are within the boundary clearance area, and
  • the relevant cross-section area of both are no more than 30m2 above datum ground level.

Example:

If your garage is next to a common boundary of your block and you’re adding a shed next to the garage and the boundary.

Diagram demonstrating second building requirements as described in text on page.

Single dwellings

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.9, Section 1.130 and 1.131.

Building or altering a single dwelling on a block in a residential zone won't need development approval if:

  • the dwelling will be the only dwelling on the block
  • if the block is a preliminary block, the dwelling is built by the lessee of the holding lease (a dwelling is taken to be built by the lessee even if some or all of the building work is done by an employee or contractor)
  • the dwelling or alteration complies with the relevant development controls
  • information on the proposal has been provided to the adjoining neighbours, and
  • complies with the relevant general criteria.

A development that has a minor encroachment into one or more of the following can also apply to the EPSDD for an exemption declaration, which allows the single dwelling development to continue to be DA exempt:

  • front, side or rear setback requirements
  • building envelopes
  • solar building envelopes and
  • minimum private open space requirements.

Also see:

Signs

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.3, Section 1.61.

Signs attached to buildings, other structures and land do need DA approval if:

  • the sign is put up, attached or displayed in such a way that the sign cannot be removed without:
    • for a sign attached to or displayed on a building or other structure—damaging the sign, building or structure or unfastening the sign; and
    • for a sign put up or displayed on the ground—disturbing the ground; and
  • the sign is of a type mentioned in part 1.6 (Tables of exempt signs) and is located in a zone for which the letter ‘A’ appears in the column for the zone in which the building, structure or land is located; and
  • the sign complies with a relevant signs development control

Note: type, for a sign, means the sign type for the sign in a relevant signs development control.

Skylights

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.1, Section 1.28.

Examples of skylights include:

  • windows in a roof
  • light shafts and ceiling openings with light diffusers, and
  • cutting a tube-type skylight into a roof and ceiling.

A skylight doesn't need DA approval if:

  • the external area isn't more than 2m2
  • it doesn't project more than 150mm above the surface of the roof next to the skylight, and
  • the skylight doesn't project beyond any relevant solar building envelope it complies with relevant general exemption criteria.

Note: If you're changing the external appearance, material or finish of a building or structure, other requirements apply. For example, heritage requirements and energy efficiency provisions of building laws.

Also see: skylight BA exemptions.

Swimming pools

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.51.

A swimming pool doesn't need DA approval if:

  • the pool or associated structure isn't built between a front boundary and a building line for the block, except when behind a courtyard wall
  • the pool or associated structure isn’t built within 1.5m of a side boundary or rear boundary for the block
  • it has an associated structure with an elevated floor, the height of the finished floor level isn't more than 1m above finished ground level. This can include a deck, landing, stairs or ramp for the pool. This doesn't include a retaining wall or landscaping for the pool
  • the pool's reservoir isn’t more than 1.5m above datum ground level, and
  • it complies with relevant general exemption criteria.

Note: There are water restrictions or permanent water conservation measures in the ACT. This might mean you can't use ACT potable (tap) water to fill a new swimming pool. To fill a new pool with tap, contact Icon Water.

See also:

Unroofed decks, patios and terraces

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.45.

A deck, patio, landing or terrace doesn't need DA approval if:

  • it doesn't have a roof
  • the finished floor level of the deck isn't more than 0.4m high above datum ground level, where it is either between a front boundary and a building line for the block or within 1.5m of a side boundary or rear boundary. In any other case, it isn't more than 1m above finished ground level.
  • any part of the deck is between a front boundary and a building line for the block, that part of the deck doesn't have a balustrade
  • any part of the deck is behind a building line for the block, the height of a balustrade for that part of the deck must not be more than 1.2m above the finished floor level for the deck, and
  • it complies with relevant general exemption criteria.

Note: These rules apply to the external stairs ramp, or landing, and retaining wall for the deck.

A deck is a class 10 structure. Extra criteria apply if you build 2 exempt class 10 structures within 1.5m of a side or rear block boundary.

Also see:

Unroofed pergolas and arbours

Relevant rules in the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.44.

An unroofed pergola or arbour doesn't need DA approval if:

  • it isn't an external deck or external verandah
  • it has no roof or walls
  • it isn't more than 3m above datum ground level. The structure can be as high as 4m above ground level if no part is higher than a 30° plane
  • if the building has a floor and:
    • the floor height isn't more than 1m above finished ground level, or
    • 0.4m above datum ground level if it's within 1.5m of a side boundary or rear boundary of the block.

Extra criteria apply if you're building 2 exempt class 10 structures within 1.5 metres of a side or rear block boundary.

Also see:

Water tanks

Relevant provisions of the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.2, Section 1.55.

A rainwater tank doesn't need DA approval if:

  • it can contain up to 20kL
  • it isn't higher than 3m above datum ground level, and
  • the whole tank is buried under the datum ground level. This applies if any part of the tank is between a front boundary and a building line for the block.

Water tanks are class 10 structures. Extra criteria apply if you are building 2 exempt class 10 structures within 1.5m of a side or rear block boundary.

Also see:

Other exempt developments

Different exemption rules apply for rural leases, schools and other non-residential developments if they meet the requirements of the Planning (Exempt Development) Regulation 2023.

Electric vehicle charging points

Relevant provisions of the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.9, Section 1.140.

Electric vehicle charging points may be exempt from development approval if:

  • no more than 2.5m in height, and
  • no more than 2m2 in plan area.

They must be installed in consultation with the electricity utility provider, meet relevant Australian Standards and be located within 500m of existing electricity services.

Rural leases

Relevant provisions of the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.6, Section 1.85-1.86.

If you're a rural landholder, you may be able to build sheds, silos and other structures up to 216m2 in your plan area without development approval. You will need to consider if you are clearing native vegetation, whether the development is consistent with the land management agreement, and whether the development requires any other licenses or authorisation under other legislation.

These structures still need to go through the building approval (BA) and certification process.

Schools

Relevant provisions of the Regulation:

  • Schedule 1, Part 1.4, Division 1.4.8.2.

Schools can carry out some minor works without development approval. This includes:

  • entrances
  • verandahs
  • signs
  • playground and exercise equipment
  • fences
  • shade structures
  • covered external walkways
  • flag poles
  • water tanks
  • landscape gardening
  • car parks
  • bicycle enclosures
  • toilet and change room facilities
  • driveways
  • demountable buildings
  • class 10b structures and
  • security cameras and external lighting.

If the school is in a bushfire prone area, minor works will need to meet relevant bushfire safety standards. These minor works will need an agreement with the ACT Emergency Services Commissioner.

Checking your exemption

If you're still not sure about whether your development is exempt from DA approval, please contact the DA Gateway Team with:

  • a summary of your self-check and
  • specific questions about your project exemption.

The DA Gateway Team can provide advice, but don't provide exemption approvals. Only a building certifier can ensure plans and work are legally completed. You can ask a building certifier to issue you with an exemption notice.

For minor non-compliance with certain controls in the development control, you may be able to lodge a DA exemption declaration.

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