Do you need council approval? Decks, sheds, fences, retaining walls and pergolas by state
Short answer
Small, simple structures are often 'exempt' — they need no approval if they stay within strict size, height and boundary-setback limits. Those limits differ by state: for example, a garden shed can be up to 20 m² in NSW but only 10 m² in Queensland, Victoria and WA. Heritage, bushfire, flood and other overlays can remove the exemption entirely, so always confirm with your council before you build.
“Do I need council approval?” is really two questions: does the structure fit inside your state’s exempt development limits, and does anything about your block — heritage, bushfire, flood, easements — cancel that exemption? This guide covers the first question for the five most common backyard projects, and lists what to check for the second.
Exempt doesn’t mean “no rules”. Exempt structures still have to meet building standards, be structurally sound and drain properly — you just don’t need to apply for approval.
Garden sheds
| State | No approval needed if… |
|---|---|
| NSW | Up to 20 m² (50 m² in some rural zones), no more than 3 m high, at least 900 mm from boundaries, behind the building line, and not habitable |
| VIC | A freestanding shed under 10 m², within height and siting limits — a planning permit can still apply under overlays |
| QLD | Up to 10 m², and not in a tropical cyclone area; council siting and boundary rules still apply |
| WA | Up to 10 m² and no more than 2.4 m high |
| SA | Check with your council — we couldn’t confirm SA’s limits from an official source |
Decks and patios
| State | No approval needed if… |
|---|---|
| NSW | Up to 25 m², floor no more than 1 m above ground, no more than 3 m high, behind the building line and at least 900 mm from boundaries |
| VIC | Councils generally say decks need a building permit — check with yours |
| QLD | Decks aren’t on Queensland’s list of work that needs no approval — assume you need approval |
| WA | Decks generally need a building permit |
| SA | Check with your council |
Fences
| State | No approval needed if… |
|---|---|
| NSW | Side and rear up to 1.8 m (1.2 m if masonry); front and road frontages up to 1.2 m; not on or next to a heritage item |
| VIC | Front fences within 3 m of the street up to 1.5 m; side and rear up to 2 m; within 9 m of a corner, 1 m |
| QLD | Up to 2 m (pool fences excluded) |
| WA | Side and rear, non-masonry, behind the front setback, up to 1.8 m; front and masonry fences need a permit |
| SA | Check with your council |
Retaining walls
| State | No approval needed if… |
|---|---|
| NSW | Up to 600 mm high, at least 1 m from each boundary and 2 m from other retaining walls, and not redirecting water onto neighbours |
| VIC | Walls on or next to a boundary, or over an easement, need a permit; check other walls with your council |
| QLD | Up to 1 m including the cut or fill, no load (like a driveway or building) nearby, and at least 1.5 m from a building or another wall |
| WA | Check with your council — some require a permit for quite low walls |
| SA | Retaining 1 m or less (and wall plus any fence on top no more than 2.1 m), unless your zone says otherwise |
Pergolas
| State | No approval needed if… |
|---|---|
| NSW | Same limits as decks: up to 25 m², no more than 3 m high, 900 mm from boundaries, behind the building line. Roofed pergolas attached to the house have extra rules (not above the gutter, roof water to stormwater) |
| VIC | Check with your council — exemptions generally require an unroofed pergola |
| QLD | Pergolas aren’t on the no-approval list — assume you need approval |
| WA | Attached, up to 2.4 m high and 20 m², outside cyclone wind regions C and D. A waterproof sail counts as a verandah and needs a permit |
| SA | Check with your council |
What can cancel an exemption
Check these before relying on any exemption:
- Heritage — heritage items and conservation areas (in NSW, fence exemptions don’t apply on or next to a heritage item).
- Bushfire-prone land — often adds material requirements, such as non-combustible walls.
- Flood zones and foreshore areas.
- Easements — you usually need consent from the service authority to build over one.
- Planning overlays — in Victoria, an overlay can require a planning permit even when no building permit is needed.
- Pools — pool barriers are never covered by these general exemptions.
Your council’s planning certificate, or a quick call to its duty planner, will tell you which apply to your property.
Myths that cause problems
- “Any shed under 10 m² is exempt everywhere.” NSW allows 20 m², but every state adds height, setback and material conditions, and overlays can remove the exemption entirely.
- “Decks under a metre never need approval.” That’s the NSW exempt limit — and it still caps area and setbacks. In Victoria, Queensland and WA, decks generally need approval.
- “A 1.8 m fence is always fine.” Front fences are usually limited to 1.2–1.5 m, and corner blocks have extra limits.
- “Exempt means no rules.” Building standards, drainage, tree-removal rules and your neighbour’s rights still apply.
Dividing fences
Replacing a fence on the boundary is also governed by dividing-fence laws, which are about cost sharing rather than approval. In NSW, neighbours generally share the cost of a “sufficient” fence equally under the Dividing Fences Act 1991; the other states have their own versions. Talk to your neighbour early, and put agreements in writing.
Sources
Every rule on this page is taken from these official sources. If a rule has changed, please tell us and we’ll fix it.
- NSW Planning — Balconies, decks, patios, pergolas, terraces and verandahs: exempt development
- NSW Planning — Garden sheds, cabanas and similar: exempt development
- NSW Planning — Fences: exempt and complying development
- NSW Planning Portal — Earthworks, retaining walls and structural supports
- Business Queensland — When building approval is not needed
- Wyndham City Council (VIC) — When a building permit is required
- City of Boroondara (VIC) — Decks
- Town of Victoria Park (WA) — Do I need a building permit?
- Light Regional Council (SA) — Retaining walls fact sheet
- State Library of NSW — Dividing fences
This guide is general information, not legal or professional advice. Rules differ between states, councils and individual properties, and they change. Confirm with your state regulator or council before starting work, and if in doubt, get a licensed tradesperson.