State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
NSW Statutory Planning SeriesStatutory Environmental Planning Framework
NSW Codes SEPP Explained (2008)
How the NSW state-wide planning code streamlines residential construction through Exempt Development and Complying Development Certificates (CDC).
The 3 NSW Planning Pathways
Determine which statutory route applies to your project scope.
| Pathway | Approval Body | Assessment Time | Council Fees |
|---|---|---|---|
| Exempt Development | Self-assessed against SEPP standards | Immediate (0 days) | $0 |
| Complying Development (CDC) | Accredited Private Certifier or Council | 10 to 20 Business Days | Certifier Fee + Portal Lodgement |
| Development Application (DA) | Local Municipal Council (LEP/DCP) | 40 to 90 Days Average | Full Statutory Scaled Schedule |
Exempt Thresholds by Trade Category (Part 2)
Subdivision 38
Earthworks & Retaining Walls
- Max cut height: 1.0m above natural ground level
- Max fill height: 1.0m above natural ground level
- Must be set back at least 900mm from any property boundary
- Must not incorporate surcharge loads (e.g., adjacent driveway footings)
- Must provide adequate aggregate backfill and perforated ag-line drainage
Subdivision 17
Dividing Fences
- Behind front building line: Max height 1.8m
- In front of building line: Max height 1.2m
- Masonry / brick fences: Max height 1.0m exempt
- Cannot impede natural overland stormwater flow or drainage paths
Subdivision 9
Decks, Patios & Verandahs
- Finished floor level: Max 1.0m above existing ground
- Maximum floor area: 25m²
- Setback: Minimum 900mm from boundary
- Must not be located in front of building setback line
Subdivision 10
Garden Sheds & Outbuildings
- Maximum floor area: 20m² in residential zones (R1–R4)
- Maximum overall height: 3.0m
- Setback: Minimum 900mm from side and rear boundaries
- Max 2 outbuildings per allotment under exempt pathway
Conditions That Invalidate Exempt Development in NSW
Even if dimensions meet exempt thresholds, a full DA or CDC is required if the property is:
- Listed on the State Heritage Register or in a local Heritage Conservation Area (HCA)
- Located in high bushfire risk zones rated BAL-40 or BAL-Flame Zone (BAL-FZ)
- Situated within declared coastal vulnerability or flood hazard areas
- Encroaching over an asset easement owned by Sydney Water, Ausgrid, or Endeavour Energy