Council - Build Permit

1. Understanding Planning Pathways in NSW

In NSW, there are three main pathways for development approval:

• Exempt Development: For very low-impact works that don't require any formal approval (neither a DA nor a CDC) if they meet specific criteria.

• Complying Development: A fast-tracked approval process for straightforward developments. If your project meets pre-determined standards in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (often called the "Codes SEPP"), you can get approval from a council or private certifier, usually much faster than a DA. This results in a Complying Development Certificate (CDC).

• Development Application (DA): For developments that don't fit the Exempt or Complying Development criteria. This involves lodging an application with the local council for a full assessment, followed by a Construction Certificate (CC) if approved.

2. Exempt Development for Sheds in NSW (General Rules)

Many sheds fall under Exempt Development, meaning you don't need Council approval, provided they meet all the specific standards. These are outlined in the NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Common criteria for sheds to be Exempt Development include:

• Floor Area:

  • No more than 20 square metres in residential zones (e.g., R1, R2, R3, R4, R5, MU1).

  • No more than 50 square metres in rural zones (e.g., RU1, RU2, RU3, RU4, R5).

• Height:

  • No higher than 3 metres above existing ground level.

  • If within 1 metre of a boundary, it may need to be 2.4 metres high or less (check specific clauses).

• Setbacks:

  • Located at least 900mm from each lot boundary.

  • Located behind the building line of any road frontage (in urban areas).

  • Located at least 1 metre from any registered easement.

• Number of Structures: No more than two such detached structures (cabanas, cubby houses, sheds, etc.) per lot.

• Materials: If located in a residential zone, metal components should be low reflective, factory pre-coloured materials.

• Bushfire Prone Land: If on bushfire-prone land and less than 5m from a dwelling, it must be constructed of non-combustible material.

• Drainage: Roof water must be disposed of without causing a nuisance to adjoining owners.

• Other:

  • Must not be a shipping container.

  • Must be designed and constructed as a Class 10a building under the Building Code of Australia (non-habitable).

  • Must not interfere with the entry to, or exit from, or the fire safety measures within, an adjacent building.

  • Cannot be constructed on or in a heritage item or a draft heritage item, or on land in a foreshore area (and generally not in heritage conservation areas unless specifically permitted and located in the rear yard).

It is crucial to check the exact wording of the Codes SEPP (specifically Subdivision 9 - Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses) to ensure your project meets all conditions for Exempt Development. If even one condition is not met, it is not exempt.

3. Complying Development for Sheds in NSW

If your shed is slightly larger or has different characteristics that prevent it from being Exempt Development, it might qualify for Complying Development. This typically allows for larger sheds than Exempt Development.

For example, a detached outbuilding (which includes sheds) under the Low Rise Housing Diversity Code or other relevant codes within the Codes SEPP might be eligible. Conditions typically include:

• Maximum Floor Area: Can be significantly larger than exempt development (e.g., up to 200m2 in some rural zones, or related to lot size in residential zones, often up to 36m2, but these vary widely depending on the specific code and zone).

• Height: Max height of 4.8m in some cases.

• Setbacks: Specific side and rear setbacks apply (e.g., 900mm in many residential zones). Must be behind the building line of the dwelling.

• Other restrictions: Cannot be in a heritage or environmentally sensitive area. May require professional engineer's specifications for larger structures.

A private certifier or the Council can assess if your project qualifies for a CDC. This is often faster than a full DA.

4. Development Application (DA) for Sheds 

If your proposed shed does not meet the requirements for Exempt Development or Complying Development, you will need to submit a Development Application (DA) to  City Council.

Reasons a DA might be required:

• Size/Height: Exceeds the maximum floor area or height limits for Exempt or Complying Development.

• Location: Too close to boundaries, within the front building line, or impacts easements.

• Land Restrictions: Property is heritage listed, in a heritage conservation area, bushfire prone (and doesn't meet specific construction requirements), flood-prone, or environmentally sensitive land.

• Material: Use of unapproved materials or shipping containers.

• Purpose: If the shed is intended for habitable purposes (e.g., a dwelling, home office with amenities that make it habitable), it is no longer considered a "shed" under these codes and will almost certainly require a DA and more extensive approvals.

• Existing Structures: If you already have the maximum number of exempt structures on your property.

• Impact: If it will have a significant impact on neighbours (e.g., overshadowing, privacy).

The DA Process (general steps):

1. Understand  Controls: Review the  Local Environmental Plan 2015 (LEP) and the (Sustainable City) Development Control Plan 2015 (DCP). These documents contain specific zoning rules, setback requirements, height limits, and other development standards relevant to your property and the proposed shed. The DCP will provide more detailed design guidelines.

2. Prepare Plans: This includes detailed site plans, floor plans, elevations, sections, and often a Statement of Environmental Effects (SEE) that outlines how the proposed shed complies with relevant planning controls and addresses any potential impacts.

3. Lodge the DA: Submit your application with all required documentation and fees to City Council.

4. Assessment: Council planners will assess your application against the LEP, DCP, relevant State Environmental Planning Policies (SEPPs), and the Building Code of Australia (BCA). They may consult with other departments or agencies.

5. Public Exhibition (if required): For some DAs, neighbours or the wider public may be notified and given an opportunity to comment.

6. Determination: Council will approve (with or without conditions) or refuse the DA.

7. Construction Certificate (CC): Once DA approval is granted, you will need to obtain a Construction Certificate (CC) before you can start building. This certifies that the detailed construction plans comply with the BCA and the DA consent conditions. A Council certifier or a private accredited certifier can issue a CC.

8. Appoint a Principal Certifier (PC): Before construction begins, you must appoint a Principal Certifier (PC) (either Council or a private accredited certifier) who will oversee the construction, conduct mandatory inspections, and ultimately issue an Occupation Certificate (OC) when the shed is complete and ready for use.