Do I need council approval for a deck in NSW? The exempt development rules
Short answer
Not if it meets the NSW exempt development standards. A deck needs no approval if it is no more than 25 m² in area, its floor is no more than 1 m above ground, it's no more than 3 m high, it sits behind the building line, and it's at least 900 mm from every boundary (5 m in some rural zones). Heritage, bushfire and other land restrictions can remove the exemption, so check your property's planning certificate first.
NSW has one of the more generous deck exemptions in Australia. Build within the limits below and you don’t need a development application or a complying development certificate. Go over any one of them and you do.
The NSW exempt deck checklist
Under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, a deck is exempt development if it meets all of these:
- Area: no more than 25 m².
- Floor height: no more than 1 m above existing ground level.
- Overall height: no more than 3 m above ground at its highest point.
- Position: behind the building line (not in front of the house).
- Setback: at least 900 mm from each side and rear boundary — 5 m in rural zones RU1–RU4, RU6 and R5.
- Total footprint: all such structures on the lot together cover no more than 15% of the house’s ground floor area — or no more than 25 m² in total on lots of 300 m² or less.
- Walls: any enclosing walls no higher than 1.4 m.
- Bushfire-prone land: within 5 m of the house, walls must be non-combustible.
If you’re building a roofed pergola over the deck, extra rules apply: it can’t sit above the house’s gutter line, roof water must drain to the stormwater system, and the connection to the fascia must be to an engineer’s specification.
When the exemption doesn’t apply
You’ll need approval — usually a complying development certificate or a development application — if:
- the deck is bigger, higher or closer to the boundary than the limits above
- it’s in front of the building line
- your property is a heritage item or in a heritage conservation area where exemptions are restricted
- other land restrictions apply, such as certain flood-control lots or foreshore areas
Your council’s planning certificate (section 10.7) lists the restrictions on your property.
Getting the build right
Exempt development still has to be built properly: structurally sound, to the Building Code of Australia and the relevant standards. For a raised deck that means correctly sized bearers and joists, footings suited to your soil, and a balustrade wherever the deck is high enough to need one. If you’re unsure about spans or footings, a timber supplier’s span tables or an engineer can confirm sizes before you buy.
Elsewhere in Australia
NSW is the exception rather than the rule. Victoria’s councils generally say decks need a building permit, and decks aren’t on Queensland’s or Western Australia’s lists of work needing no approval. See the state-by-state guide for sheds, fences, retaining walls and pergolas too.
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.
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.