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Building without Council Approval: An Overview

Building without Council Approval

When it comes to construction projects, adhering to legal regulations is paramount.

However, there are certain circumstances in New South Wales (NSW), Australia, where you may be able to build without the need for council approval. This falls under what is known as “exempt development” or “complying development.” These terms refer to specific types of minor construction or renovation work that meet predetermined criteria outlined in the State Environmental Planning Policy (SEPP) for Exempt and Complying Development.

  • Exempt Development: Exempt development refers to small-scale construction projects that have minimal impact and are deemed to have low risk to the environment and the community. These projects are exempt from requiring council approval. However, even for exempt development, there are specific standards and limitations that need to be followed.
  • Complying Development: Complying development is a streamlined approval process that allows certain types of developments to be approved by a private certifier or the local council without needing a full development application. This process is faster than the traditional development application process.

It’s important to note that while exempt and complying development processes offer more flexibility and a quicker pathway for approval, there are still rules and criteria that must be met. These criteria cover factors such as the size of the project, setback requirements, and impacts on neighbours and the environment.

10 Types of Buildings without Council Approval

In New South Wales (NSW), Australia, certain types of buildings and structures might be allowed without the need for council approval, depending on size, purpose, and other factors. It’s important to note that even for these types of buildings, some limitations and criteria must be met.

Here are 10 examples of buildings that might be constructed without council approval in NSW under specific conditions:

  1. Garden Sheds: Small garden sheds often fall under exempt development, provided they meet size and height limitations.
  2. Carports: Simple carports that meet the size, height, and setback requirements may be considered complying development.
  3. Detached Garages: Similar to carports, detached garages that adhere to specific criteria may be allowed without full council approval.
  4. Decks and Patios: Some decks and patios within certain size limits and meeting setback requirements could be considered complying with development.
  5. Fences: Certain fences, like front fences and boundary fences, may be allowed without a formal development application as long as they meet height and design standards.
  6. Pergolas: Basic pergolas that satisfy size, height, and setback guidelines might fall under complying development.
  7. Minor Home Additions: Small-scale home additions like new windows or doors might be considered exempt development, provided they don’t alter the building’s structural integrity.
  8. Solar Panels: Installing solar panels on a residential roof may be considered exempt development if they meet specific conditions.
  9. Rainwater Tanks: Rainwater tanks installed in specific locations and within certain size limits might be considered exempt development.
  10. Home Renovations: Some minor renovations and alterations to existing buildings could be considered complying with development if they meet predefined criteria.

On the flip side, it is a common question for Council duty planners to hear the sentence, “I didn’t know I needed approval to build that…”. Generally, as a rule of thumb, if one removes any walls, windows and doors and does not replace them with precisely the exact dimensions, then one needs development approval.

One can do minor works such as bathroom and kitchen renovations (as long as original plumbing fixtures are still in place or install any new plumbing), change flooring, change colours, and replace broken or deteriorated parts of the house, but generally, any significant changes will need either a development application or a complying development certificate.

However, what’s important here is to consult with your local council or a planning professional before proceeding with any construction to ensure you comply with the relevant rules and regulations.

Before taking on any construction works, especially when in doubt regarding council approval/s in NSW, consulting with a planning professional can be beneficial in the following ways:

  • Expert advice and local knowledge can assist with specific requirements saving you time and unnecessary challenges throughout the process
  • Mitigate any risk of potential fines, legal issues, or even the modification of your construction thanks to proper insight and knowledge
  • Optimal design planning so you can get the most out of your construction
  • While consulting a planning professional incurs a cost, it can potentially save you money in the long run by avoiding mistakes, delays, or costly changes due to non-compliance

At ES, a multi-award-winning building design company with over 25 years of experience and professional expertise, we can guide you through the approval process and help you make informed decisions.

Remember that regulations and requirements can be complex and vary from place to place. Even if a project seems straightforward, local circumstances and regulations may impact its approval. Consulting one of our skilled team ensures that you have accurate and up-to-date guidance throughout the construction process, ultimately leading to a smoother and more successful project.

Contact us today for a free consultation tailored to your needs and requirements.

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Navigating Building Development Approvals in Sydney: What You Need to Know

Building Development Approvals in Sydney

If you’re about to embark on a renovation project or thinking of building a new home, you must be aware of any development approvals you need to submit before you start. Most minor developments won’t need development approval in Sydney. For example, if you are adding a deck or a carport to your home that is at most 25 square metres, there is no need to get council approval.

Development applications in NSW require approval from the relevant local council before proceeding. Depending on the type of development, you may need to seek the consent of other government agencies. Generally, any building or altercation work visible from a public place requires planning and development approval before it begins.

Types of building development approval

In NSW there are five different types of building development approvals.

  1. Complying Development Certificate (CDC)
    This is a simplified approval process for minor works that meet the State Environmental Planning Policy (SEPP) requirements. It can be used instead of a traditional development application, often resulting in quicker approvals with less red tape.

    Complying development applies to homes, businesses and industry and allows for a range of things like the construction of a new house, alterations and additions to a place, new industrial buildings, demolition of a building, and changes to business use. A qualified architect or engineer should be consulted before applying for a CDC.

  2. Development Application (DA)

    A Development Application (DA) is an application for major works, including the construction of new buildings or changes to existing structures. The application process involves describing the proposed project in detail, including drawings and other relevant documents, so the local council can assess and approve it before any work can commence. In some cases, additional approvals, such as a Construction or Occupation Certificate, may be required.

  3. Construction Certificate

    This is an approval issued by a certifying authority such as an accredited architect or engineer. It is used to certify that the proposed building works comply with Building Regulations, Australian Standards and any other relevant code requirements. The certificate must be obtained before construction can begin and is often required in addition to a Development Application (DA).

  4. Planning Proposal

    This is an application to make amendments to Local Environmental Plans (LEPs) or Development Control Plans (DCPs) set out by the relevant NSW local council. It may seek to change the zoning of land, amend the development standards applicably, or make changes to an LEP map.

  5. Section 96 modification
    This is a process by which the landowner can apply to their local council to approve changes to a Development Application (DA). The modifications typically involve changing the design of the proposed building, such as increasing building height or floor area, altering car parking requirements and more. The council will assess the application against relevant development codes and regulations and determine whether or not the modification is approved. It is crucial for the proposal to be thoroughly researched and well prepared before submission, as this will ensure that it meets all relevant requirements and is more likely to be approved.

It is essential to ensure that all applicable approvals have been obtained before commencing work, as it may result in delays and additional costs. In some cases, works may also be subject to ongoing inspections by council or other authorities throughout the project. Once construction is completed, a final inspection will be conducted before an Occupational Certificate is issued. This certifies that the building meets all health and safety requirements and can be occupied or used for its intended purpose.

What needs Development Approval?

In NSW, DAs are required for any works that may affect the environment or the public’s access to the area. This includes:

  • Building and construction works such as new buildings, extensions, garages and pools
  • Demolition of structures
  • Excavation and earthworks
  • Subdivision of land
  • Filling or excavation of wetlands
  • Removal of vegetation as well as trees
  • Change in the use of buildings or land, such as converting an office block into apartments
  • Construction of infrastructure such as roads, footpaths and bridges.

In some cases, planning approval may also be required in addition to development approval. It is important to check with your local council as requirements for planning and development approvals may vary from one area to another.

What are the basic steps of the DA process in Sydney?

  1. Pre-Development: This involves initial consultations with the local council and other relevant authorities, as well as obtaining any necessary reports or studies.
  2. Lodgement: You’ll need to submit a DA to your local council or the NSW Department of Planning, Industry and Environment, which includes detailed plans and specifications for your proposed development.
  3. Assessment: The council or department will assess your application against relevant planning and building codes, as well as any environmental, heritage or other constraints.
  4. Public Notification: Depending on the scale and nature of your development, you may be required to notify the public and allow for feedback.
  5. Determination: After considering all the factors and feedback, the council or department will make a determination on your application.
  6. Construction: Once you have received approval, you can begin construction of your development.
  7. Occupation: Once construction is complete, you can apply for a Final Occupation Certificate to officially occupy the development.

What are the fees for lodging a DA?

The fees for lodging a development application (DA) in Sydney vary depending on the nature and scale of the development, as well as the local council or state authority processing the application.

The fee structure is usually set by the relevant authority and may include various components such as:

  • A base fee for the DA application
  • Additional fees for any advertising or public notification requirements
  • Fees for any specialist reports or studies required
  • Fees for any inspections or monitoring during construction

It’s important to note that the fees can add up quickly, particularly for larger and more complex developments. It’s recommended to seek advice from a professional such as a planner, architect, or engineer to ensure you understand the full scope of the fees and charges involved in lodging a DA. Additionally, some local councils or state authorities may offer fee waivers or discounts for certain types of developments or applicants, so it’s worth researching these options as well.

How long does it take for a DA decision to be made?

The time it takes for a Development Application (DA) decision to be made in Sydney can vary depending on several factors. Generally, the assessment process takes around 40 days for a straightforward DA, but it can take longer for more complex developments or if additional information is required.

Factors that can impact the length of time for a DA decision to be made include:

  1. Completeness of the application: If the DA application is incomplete or missing key information, the assessment process may be delayed.
  2. Public notification: If the development requires public notification, this can add time to the assessment process as the public has a right to review and comment on the proposal.
  3. Environmental factors: If the development may impact the environment or a heritage site, additional studies or reports may be required, which can lengthen the assessment process.
  4. Planning constraints: The local council or state authority may have specific planning requirements or constraints that need to be considered, which can impact the time it takes to make a decision.

Ask the experts at ES Design

If you are unsure whether your project requires development approval, it’s best to speak to a qualified professional such as ES Design. We have the knowledge and experience to help you understand all the options for getting your development approvals in a simplified, stress-free way.

We keep up to date with changing legislation and certifier requirements, so if you’d like to find out more or book an appointment, call us today on 0460 000 000.

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Make The Design Approval Process Easier & More Efficient with ES Design

If you are building a new home or doing a major renovation, building development approvals are essential to any construction in NSW. Planning regulations constantly evolve, so it’s always best to research and know precisely what to do before starting any planning or construction work. When you know what you are dealing with, there are ways to make the process easier and more efficient.

DA approvals in NSW

A Development Application (DA) is a request for approval to conduct building or development work in New South Wales. Approval of a DA is usually given by the local council or a government body such as the NSW Department of Planning, Industry and Environment. Getting a DA approved involves submitting plans, paying fees, and demonstrating that the proposed development meets relevant regulations and standards. In NSW, most minor developments won’t need approval. For example, if you are adding a deck or a carport to your home that is at most 25 square metres, there is no need to get council approval.

Development Application alternatives

Some states have set up alternatives to a full DA council approval. In NSW, this is called a ‘Complying Development Certificate’. If an application meets all regulations, is in a sewered area and doesn’t involve heritage, a council must deal with it within 10 days. A third of all DA approvals in NSW are now classified as Complying Developments and are a faster, more effective approval pathway.

CDC vs DA approval

A CDC allows for certain types of minor and medium-density developments to be approved through a fast-tracked assessment process rather than a traditional Development Application (DA) process.

The main difference between a DA and a CDC is the level of detail and scrutiny required for each. A CDC is a simpler and faster process, with fewer requirements for plans and documentation. A DA, conversely, is a more detailed and involved process, requiring more documentation and plans and taking longer to get approved.

An important point to remember is that not all developments are eligible for a CDC, and some will require a DA for approval. The type of development and its location will determine which process is needed.

NSW has introduced an online Planning Portal where you can check the zoning of your property, find out what type of development is allowable, view 3D demonstrations of exempt developments and access various development application statistics.

How to get DA approval

Getting DA approval involves getting a range of documents and certifications signed before any building starts. Development approval in NSW can be a challenging process that requires time and much patience. When you start on the development path, there are many things to look out for, and it’s easy to miss something without expert guidance.

The Environment Planning & Assessment Act 1979 sets penalties of up to $1.1 million for unauthorised or non-complying developments. Depending on the council and the extent of the development work, you can be issued an on-the-spot infringement notice for each breach you commit – up to $1,500 (for individuals) and $3,000 (for companies).

Get expert help

Submitting a Development Application can be long and arduous without expert help. The DA process can be one of the most frustrating things about building a home. The average time for a development approval also depends on the size and scope of the development. Once the DA is lodged with the council, it can take 21 to 90 days to decide. At ES Design, we can help by consulting with our extensive network of suppliers to produce a package for submission to the certifying authority. We then act as a liaison between the councils, giving you updates from approval to construction.

Tips for speedier processing of a development application:

  • Talk to your neighbours before lodging your DA.
  • Provide all the required documentation: plans, survey, and statement of environmental effects.
  • Comply with all council planning controls or present a sound case for variations.
  • Get in touch with our expert team.

ES Design is with you all the way

At ES Design, we specialise in streamlining DAs for our clients, with a clear understanding of local and state legislation and decades of experience. We capture all necessary information for your development, taking the time to understand your requirements and the compliance surrounding them.

Why choose us for your next project?

  1. ES Design is an Australian company that specialises in the design of development applications.
  2. The company was founded in 2006, with the need for a more efficient and effective way to design and improve the building process.
  3. ES Design has since grown to become one of the leading Development Application and design firms in Australia, with a team of experienced and qualified professionals.
  4. The company offers a range of services to clients, including project management, town planning, and interior design.
  5. ES Design has a proven track record of success in helping clients to obtain development approval in a timely and efficient manner.

If you’d like to find out more or to book an appointment, call us today on 0460 000 000.