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Exempt Development

Change of use

Changing the use of a building may not need planning permission if it meets the requirements as an exempt development.

Planning approval is not required for changes of use that keep within the business categories in the table below.

Existing uses
Proposed uses
Category 1  
Business premises
Office premises
Shop
Public administration building
Business premises
Office premises
Shop
Kiosk
Public administration building
Category 2  
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  
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

Please refer to these State Policy provisions on exempt changes-of-use to business premises.

 

Other considerations

  • a change from one type of retail shop to another is not considered to be a change of use, but a change of tenant.
  • minor building work can be undertaken during the change of use, if the work is considered exempt development. For example, for a shop changing to an office, minor internal work may not require approval, such as the installation of work stations, re-carpeting the floor, re-painting the premises, changing light fittings and upgrading existing sanitary fittings.
  • any structures located on public land or over a public road must have separate approval from the relevant council or Transport for NSW under the Roads Act 1993  and the Local Government Act 1993 .
  • Generally, exempt development cannot be carried out on:

Find out what about the exempt and complying development pathways that apply in your Neighbourhood Centre.

Last updated: 20/06/2023

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