National Construction Intelligence Platform
Fair Work Award [MA000020] Calibrated
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
NSW Statutory Planning Series
Statutory 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.

PathwayApproval BodyAssessment TimeCouncil Fees
Exempt DevelopmentSelf-assessed against SEPP standardsImmediate (0 days)$0
Complying Development (CDC)Accredited Private Certifier or Council10 to 20 Business DaysCertifier Fee + Portal Lodgement
Development Application (DA)Local Municipal Council (LEP/DCP)40 to 90 Days AverageFull 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