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Exempt Development

Balconies, Decks and Patios

Installing balconies, decks, patios, pergolas, terraces, and verandahs may not require planning approval.

External additions — such as patios or balconies — to a development must meet State Policy requirements to be exempt from planning consent, including not:

  • being located beyond the building line of any road frontage, and must be located from the lot boundary by at least: 
    • 5 metres (if located on Zone RU1, RU2, RU3, RU4, RU6 or R5)
    • 900 millimetres (for any other zone).
  • having an area of more than 25m²
  • causing the total floor area of all such structures on the lot to be more than:
    • 15 per cent of the ground floor area of the dwelling for a lot larger than 300m2; or
    • 25m2 for a lot up to 300m2.
  • having an enclosing wall higher than 1.4 metres 
  • having a floor height of more than one metre above the existing ground level  
  • being more than 3 metres at its highest point, above existing ground level.

The following requirements must be met:

  • If it is to be constructed out of metal components, they must be low reflective, factory pre-coloured materials.
  • If it is located on bushfire prone land and is less than 5 metres from a house it needs to be constructed of non-combustible material.
  • If it is constructed or installed in a heritage conservation area or a draft heritage conservation area it must be located behind the building line of any road frontage.

For a full list of development standards for exempt balconies, decks, patios, pergolas and terraces, please refer to Part 2 Division 1 Subdivision 6 of the State Policy. 

Other considerations

  • Before removing or pruning any existing trees or vegetation, check with your council whether you need approval. 
  • All works must be structurally adequate, installed in accordance with manufacturer’s specifications and comply with the Building Code of Australia (BCA).
  • Any structure on or over public land or roads must have approval specifically from the local council or Transport for NSW under the Roads Act 1993 and the Local Government Act 1993. 
  • Generally, exempt development cannot be carried out on:

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