Change of use of a building
Changing the use of a building may not need planning permission if the proposed change meets the requirements set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy). This is known as exempt development.
No planning or building approval is required if the proposal is changing from an existing use specified to a new use, as laid out in the table below.
Please refer to these provisions of the State Policy for a full list of development standards under exempt development relating to changing the use of a premises.
|
Existing use |
Proposed use |
Category 1 |
|
|
Business premises Office premises Shop Pulic administration building |
Business premises Office premises Shop Kiosk Pulic administration building |
Category 2 |
|
|
Existing use |
Proposed use |
|
landscaping material supplies hardware and building supplies garden centre plant nursery rural supplies timber yard vehicle sales or hire premises |
landscaping material supplies hardware and building supplies garden centre plant nursery rural supplies timber yard
|
Category 3 |
|
|
Existing use |
Proposed use |
|
general industry light industry (other than artisan food and drink industry) packaging industry warehouse or distribution centre (other than local distribution premises) wholesale supplies |
light industry (other than artisan food and drink industry) packaging industry warehouse or distribution centre (other than local distribution premises) wholesale supplies self-storage premises |
Other considerations
- A change from one type of retail shop to another type of retail shop is not a change of use - it is considered a change of tenant.
- Minor building work can be undertaken in conjunction with the change of use, if the work is considered exempt development. For example, if a shop were changing to an office, minor internal work that may not require approval includes the installation of work stations, recarpeting the floor, repainting the premises, changing light fittings and upgrading existing sanitary fittings.
- Any structures that would be located on public land, or on or over a public road (including temporary structures), must have separate approval from the relevant council, or Roads and Maritime Services under the Roads Act 1993 and the Local Government Act 1993 .
- Generally , exempt development cannot be carried out on:
- land that is, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under that Act (unless an exemption has been granted under section 57 of the Heritage Act 1977);
- a critical habitat of an endangered species, population or ecological community under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 ;
- a wilderness area under the Wilderness Act 1987 .
To find out what can be carried out through the exempt and complying development pathways in your neighbourhood, visit the Neighbourhood Centres page to access a range of useful fact sheets and watch the animations.