Decks & Pergolas rules in New South Wales (2026)
A deck, balcony or patio can be built as exempt development, with no DA or CDC, if it is no more than 25 m² in floor area, sits no higher than 1 m above ground, is behind the front building line and set back at least 900 mm from side and rear boundaries. Bigger or higher structures need a Complying Development Certificate or a Development Application.
Often no approval needed if within exempt limits
A deck, balcony or patio can be built as exempt development, with no DA or CDC, if it is no more than 25 m² in floor area, sits no higher than 1 m above ground, is behind the front building line and set back at least 900 mm from side and rear boundaries. Bigger or higher structures need a Complying Development Certificate or a Development Application.
Key rules at a glance
| Max floor area (no approval) | 25 m² (combined for all decks/balconies/patios on the lot) |
| Max height above ground | 1 m (finished floor above existing ground level) |
| Setback from boundary | At least 900 mm from side and rear boundaries; behind the front building line |
| Pergola (roofless) | Exempt up to ~25 m² and 3 m high with the same setbacks |
| Rural zones setback | 5 m from each boundary in RU1-RU6 and R5 zones |
| Heritage / overlay | Exemption does not apply on heritage items, in conservation areas or on environmentally sensitive land, so approval is needed |
Conditions & eligibility
- Total floor area of all balconies, decks and patios on the lot must not exceed 25 m²
- Finished floor level no more than 1 m above existing ground level
- Located behind the building line of any road frontage
- Set back at least 900 mm from side and rear boundaries (5 m in rural zones)
- Must not reduce required light or ventilation to neighbouring habitable rooms
- Not on a heritage item, in a conservation area, or on foreshore/environmentally sensitive land
Heritage, flood and bushfire controls on your specific lot can remove the fast-track and require a full application — even when the general rules say you're fine.
How approval works in New South Wales
Three tiers under the Codes SEPP. Exempt development (no approval) for small, low decks that meet every standard; a Complying Development Certificate (CDC) via a certifier for larger decks that still meet the codes; or a full Development Application (DA) to council for anything outside the limits or on a constrained site.
Councils can add their own exempt-development provisions in a Local Environmental Plan or DCP, and strata schemes also need owners-corporation consent.
Decks & Pergolas rules by council in New South Wales
Local councils apply the New South Wales framework and can add their own controls. Pick your council:
Frequently asked questions
Do I need council approval to build a deck in NSW?
Not if it qualifies as exempt development: no more than 25 m² of floor area, no higher than 1 m above ground, behind the building line and set back at least 900 mm from side and rear boundaries. Outside those limits you need a CDC or a DA.
How high can a deck be before I need approval in NSW?
The finished floor can be up to 1 m above existing ground level under the exempt pathway. A higher deck falls outside exempt development and needs a Complying Development Certificate or a Development Application.
Do I need approval for a pergola in NSW?
An open, roofless pergola meeting the exempt standards (broadly up to about 25 m², up to 3 m high and set back 900 mm from boundaries) can be exempt. Roofing it or exceeding the limits triggers approval.
Sources
- Balconies, Decks and Patios - NSW Planning Portal ↗
- Balconies, decks, patios, pergolas, terraces and verandahs - Rules for exempt development (NSW DPE) ↗
Related building rules
This is general guidance, not professional planning advice. Figures are summarised from the sources above and can change — confirm with your council or the NSW Planning Portal before starting work. Last reviewed: July 2026.
Get free quotes in New South Wales
Tell us what you're building. We'll connect you with licensed local builders and designers who know the council requirements — no obligation, no cost.
- Licensed, local trades
- Compare quotes before you commit
- No cost, no obligation