• Building approval (BA) ensures your project is built safely and follows the laws and codes.
  • In some cases, you might be exempt and not need building approval.
  • You can self-check whether you’re exempt before applying for building approval.

If you want to do building work, you'll usually need a development approval, or be exempt from requiring a development application, and a building approval (BA). You will also need to comply with the relevant building laws and regulations including the National Construction Code (NCC) of Australia building code.

Your project may be exempt from requiring a development application (DA). You should speak with your relevant design professional along with your builder and building certifier to determine if your development requires development approval. Further information about exempt Development can be found in the Planning (Exempt Development) Regulation 2023.

Some projects don't need BA if they follow the provisions of Schedule 1 of the Building (General) Regulation 2008 (General Regulation). Most of these are listed below.

If you'd like to record the exempt building work on your building file, you'll need to engage a building certifier. The building certifier will complete an "exempt building form" with the relevant information. You'll also need to maintain a record of the time, place and work conducted for insurance and pre-sale property inspections report.

Start your check

To begin, you must check that your project follows the general provisions of Schedule 1 of the Building (General) Regulation 2008 . You must also check that it follows the relevant specific exemption rules for building work below.

General exemption rules for building work part 2 section 6 Building (General) Regulation 2008

To be exempt from BA, your project must not affect:

  • the structural integrity of any part of a building
  • a fire-rated wall, ceiling or floor
  • a fire escape, emergency lift, stairway, exit or exit passageway
  • the natural light, the ventilation or fire protection system
  • how the building complies with the Building Code to below minimum requirements.

Note: You must also make sure the work does not involve handling asbestos or disturbing friable asbestos.

Specific exemption rules for building work

In addition to the general rules, you must also check the specific criteria relevant to your project.

The list below includes types of buildings that may not need BA if they meet certain rules. These examples are a guide, so always read Schedule 1 of the General Regulation.

Remember: Even if your project doesn't need BA, you may still need development approval or other approvals.

Carports, pergolas and shade structures

Must comply with Schedule 1 of the General Regulation.

Carports, pergolas and shade structures are classed as 'small open structures'.

A carport, pergola or shade structure doesn't need BA if:

  • it has no walls
  • it is no more than 3m above ground
  • the floor level is no more than 1m above ground
  • the frame doesn't have an unsupported span (including any cantilever) of more than 4m
  • the roof (including a sail or sail-like element) plan area is not more than 25m² and
  • it follows all other general rules

Also see: carport, pergola and shade structure DA exemptions.

Demolition

Must comply with Schedule 1 of the General Regulation.

Demolition is exempt from BA if:

  • the building would be exempt from BA if it was to be built today, and
  • it follows all other general rules.

Also see: demolition DA exemptions.

Dish antennas

Must comply with Schedule 1 of the General Regulation.

Dish antennas or satellite dishes don’t need BA if:

  • it’s a class 10b building, no higher than 6m. This excludes:
    • any part in ground or part of another building
    • if it's used for a purpose other than supporting assembly or aerial.
  • you don't need a licence, notice, certifier, plans, inspections, certificates, design or construction standards under the Building Act 2004, and
  • it follows all other general rules.

Also see: dish antenna DA exemptions.

External doors and windows

Must comply with Schedule 1 of the General Regulation.

External door, wall and window alterations don’t need BA if:

  • it's for a class 1, class 2 or class 10 building only
  • the building has a certificate of occupancy or other certificate under the Building Act 2004
  • the largest horizontal opening span is 2m, and
  • it follows all other general rules.

Also see: external doors and windows DA exemptions.

Fences and freestanding walls

Must comply with Schedule 1 of the General Regulation.

A fence or freestanding wall doesn’t need BA if it:

  • doesn't form an important part of a swimming pool enclosure
  • isn't more than 1.8m above ground
  • isn't more than 2m above ground:
    • no masonry or concrete components (other than cement sheet products) are more than 1.8m above ground.
  • isn't part of a roofed building or retaining wall and
  • isn't more than 3m above ground:
    • no masonry or concrete components (other than cement sheet products) are more than 1.8m above ground.

Fence ownership and costs

Private property owners are responsible for all costs for building and maintaining fences. The ACT Government doesn't contribute to these costs.

Owners must pay the required costs to build and maintain all front fences and fences to open space. Property owners who share side or rear fences must each pay for half the cost and maintenance of a basic urban fence.

The basic urban fence is 1.5m high and made of hardwood palings. Other fence types can be built if allowed and neighbours agree on the design and cost beforehand.

Find help with general fence requirements and resolving disputes in the Common Boundaries Act 1981.

Also see:

  • BA exemption details for:
    • open space boundary fences
    • pool fencing and barriers.
  • fence and freestanding wall DA exemptions.
Garages, sheds and gazebos

Must comply with Schedule 1 of the General Regulation.

These structures may not need BA:

  • garage
  • greenhouse
  • storeroom
  • conservatory
  • cubby house
  • gazebo
  • outbuilding
  • shed
  • studio
  • stables
  • workshop.

At a glance, the proposed structure doesn't need BA if:

  • it isn't more than 3m above ground
  • the floor level isn’t more than 1m above ground
  • the frame doesn’t have an unsupported span (including any cantilever) of more than 4m
  • the roof (including a sail or sail-like element) plan area isn’t more than 25m2 and
  • it follows all other general rules.

Also see: garage, shed and gazebo DA exemptions.

Heating, cooling and solar PV installations

Must comply with Schedule 1 of the General Regulation.

The installation doesn't need BA if:

  • it is for a class 1 or class 10a building only
  • it involves an air-conditioning unit and isn't the main source of ventilation for the room or building and
  • it follows all other general rules.

If you're building an internal fireplace, you must get BA.

Also see: heating, cooling and solar photovoltaic (PV) installation DA exemptions.

Internal alterations

Must comply with Schedule 1 of the General Regulation.

At a glance, internal alterations don't need BA if:

  • the building receives a certificate of occupancy or other certificate under the Building Act 2004, part 5
  • the building class under the Building Code doesn't change
  • the exterior is not affected
  • the structural integrity of the inside of the building isn't affected
  • a heating appliance isn't affected
  • you don't need a licence, notice, certifier, plans, inspections, certificates, design or construction standards under the Building Act 2004, and
  • it follows all other general rules.

Also see: internal alteration DA exemptions.

Landscape gardening

Must comply with Schedule 1 of the General Regulation.

Landscape gardening doesn't need BA if:

  • it doesn't relate to buildings or structures as defined in the Building Act 2004
  • you don't need a licence, notice, certifier, plans, inspections, certificates, design or construction standards under the Building Act 2004 and
  • it follows all other general rules.

Also see: landscape gardening DA exemptions.

Letterboxes and barbecues

Must comply with Schedule 1 of the General Regulation.

Letterboxes and barbecues don't need BA if:

  • it's a letterbox, barbecue or similar structure
  • it's no more than 1.8m above ground
  • the plan area isn't larger than 2m²
  • you don't need a licence, notice, certifier, plans, inspections, certificates, design or construction standards under the Building Act 2004, and
  • it follows all other general rules.

Also see: letterbox and barbecue DA exemptions.

Mast antennas

Must comply with Schedule 1 of the General Regulation.

Mast antennas are class 10b buildings. Mast antennas and support structures don't need BA if:

  • the antenna is no higher than 6m above ground level
  • it follows all other general rules.

Also see: mast antenna DA exemptions.

Open space boundary fences

Must comply with Schedule 1 of the General Regulation.

Boundary fences are usually built between leased and unleased land. For example:

  • at the back of land bordering on nature reserve
  • between parklands and residential blocks
  • between pedestrian laneways and residential blocks
  • at the side boundaries of corner blocks.

Open space boundary fences don't need BA if it:

  • isn't forming an integral part of a required enclosure for a swimming pool
  • isn't more than 1.8m above ground
  • isn't more than 2m above ground if:
    • no masonry or concrete components (other than cement sheet products) are more than 1.8m above ground and
    • isn't part of a roofed building or retaining wall.
  • isn't more than 3m above ground if:
    • no masonry or concrete components (other than cement sheet products) are more than 1.8m above ground, and
    • it complies with the exempt building code.
  • uses AS 2700 permitted fence colours
  • you don't need a licence, notice, certifier, plans, inspections, certificates, design or construction standards under the Building Act 2004, and
  • it follows all other general rules.

Also see:

  • BA exemption details for fences and freestanding walls
  • open space boundary fence DA exemptions.
Unroofed decks, patios and terraces

Must comply with Schedule 1 of the General Regulation.

Unroofed decks, patios and terraces don't need BA if:

  • it has no walls
  • the highest point of the structure isn't more than 3m off the ground the floor level isn't more than 1m above ground
  • the frame doesn’t have an unsupported span (including any cantilever) of more than 4m, and
  • it follows all other general rules.

Also see:

  • BA exemption details for carports, pergolas and shade structures .
  • unroofed deck, patio and terrace DA exemptions.
Unroofed pergolas and arbours

Must comply with Schedule 1 of the General Regulation.

Unroofed pergolas and arbours don't need building approval if:

  • it has no walls
  • isn't more than 3m  above ground
  • the floor level isn't more than 1m above ground
  • the frame doesn't have an unsupported span (including any cantilever) of more than 4m
  • you don't need a licence, notice, certifier, plans, inspections, certificates, design or construction standards under the Building Act 2004, and
  • it follows all other general rules.

Also see: unroofed pergola and arbour DA exemptions.

Ponds

Must comply with Schedule 1 of the General Regulation.

Ponds don't need BA if:

  • it isn't for swimming, wading or bathing
  • it isn't more than 1.2m deep
  • you don't need a licence, notice, certifier, plans, inspections, certificates, design or construction standards under the Building Act 2004, and
  • it follows all other general rules.

Also see: pond DA exemptions.

Pool fencing and barriers

Must comply with Schedule 1 of the General Regulation.

Pool fences or barriers don't need BA if:

  • it complies with the building code
  • it's constructed in a proper and skilful way
  • it's inspected and complies with the Building Act 2004 (other than part 3) by a certifier under that Act, and
  • you don't need a licence or notice under the Building Act 2004. Please note design and construction standards and inspection and certification requirements still apply.

Also see:

Refinishing external appearance

You may still need BA to refinish certain exterior items to buildings or structures.

Examples of work that needs BA include:

  • replacing a roof
  • changing a lightweight cladding system from one type of system to another.

Examples of work that don't need BA include:

  • replacing a roof tile
  • rendering over an existing wall system (such as brick) ensuring:
    • weepholes are not blocked or
    • the building complies with the building code above minimum requirements.
  • adding lightweight fixtures to the building that maintains its compliance with the building code. Examples include the following, ensuring to meet the Electrical Safety Act 1971 and the Water and Sewerage Act 2000:
    • security screens
    • cameras
    • lights.
  • adding a lightweight decorative trim or feature that maintains the building's compliance with the building code.

Also see: refinishing external appearance DA exemptions.

Retaining walls

Must comply with Schedule 1 of the General Regulation.

A retaining wall doesn't need BA if:

  • it isn't higher than 1.2m when measured from any point at the top of retaining wall to lowest adjacent ground level
  • it's up to 1.5m high when measured from any point at top of retaining wall to lowest adjacent ground level, and it:
    • complies with the exempt building code
    • complies with the building code and
    • is built in a proper and skilful way.
  • you don't need a licence, notice, certifier, plans, inspections, certificates, design or construction standards under the Building Act 2004. But if it's more than 1.2m high, design and construction standards will apply, and
  • it follows all other general rules.

Also see: retaining wall DA exemptions.

Second building in clearance area

Must comply with Schedule 1 of the General Regulation.

BA exemptions don't consider the number of buildings or structures located in boundary clearance areas.

Also see: second building in clearance area DA exemptions.

Single dwellings

There are no BA exemptions for detached houses (defined as class 1 buildings).

Also see: single dwelling DA exemption.

Skylights

Must comply with Schedule 1 of the General Regulation.

Skylights don't need BA if:

  • the building has received a certificate of occupancy or other certificate under the Building Act 2004
  • the area is not more than 4m2
  • you don't need a licence, notice, certifier, plans, inspections, certificates, design or construction standards under the Building Act 2004, and
  • it follows all other general rules.

Also see: skylight DA exemptions.

Swimming pools

Must comply with Schedule 1 and Section 6 of the General Regulation.

Demountable swimming pools are generally exempt for requiring a BA but must have certified registered barriers before the pool is able to hold more than 300mm of water.

When building a swimming pool that can hold water deeper than 300mm, under the Building Act 2004, you must have:

  • building approval
  • a pool builder
  • a building certifier
  • plans
  • inspections
  • certificates, and
  • design and construction standards.

For demountable swimming pool, you won't need BA to reassemble it or take apart the reservoir (excluding fences or barriers), if:

  • you can take apart its water reservoir and assemble it by hand, or with hand tools without damaging the pool's components
  • pool fencing and barriers required under Building Act 2004 are in place before the pool holds any water. Fences and barriers restrict access of young children to pool and immediate pool surrounds. You must also make sure to arrange the pool, fence and barriers according to the certificate of occupancy and use granted for them under that Act
  • it won't affect the structural integrity of any part of a building that has a certificate of occupancy or other certificate under the Building Act 2004, part 5 and
  • it follows all other general rules.

Also see:

Water tanks

Must comply with Schedule 1 of the General Regulation.

Water tanks don't need building approval if:

  • the capacity isn't more than 20kL
  • it isn't more than 2.4m above ground and
  • it follows all other general rules.

Note: if the water tank is underground, please seek advice from the building certifier for the construction requirements for a BA.

Also see:

Building work on National land

Building work on National land is assessed and approved by National Capital Authority (NCA).

Building work on National land doesn't need BA under the Building ACT 2004, unless there is a Memorandum of Understanding (MOU) in place. Designated land, which requires works approval by the NCA for the development, still requires a BA.

The ACTmapi Territory Plan overlay helps to identify National land or Designated land.

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