Deck & pergola rules in New South Wales (2026)
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 area, its floor is no higher than 1 m above ground, it is no more than 3 m high at its highest point, and it sits behind the building line at least 900 mm from the lot boundary. It cannot be exempt on a heritage item or in a foreshore area. All such structures on the lot together are capped at 15% of the house's ground floor area on a lot over 300 m², or 25 m² on a lot of 300 m² or less. 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 for each deck, balcony or patio. All such structures on the lot together: up to 15% of the house's ground floor area on a lot over 300 m², or 25 m² on a lot of 300 m² or less |
| Max height above ground | Floor no more than 1 m above existing ground level, and no more than 3 m at the highest point |
| Enclosing walls | No higher than 1.4 m |
| Setback from boundary | At least 900 mm from the lot boundary, and behind the building line of any road frontage |
| Pergolas and roofed structures | Same standards, up to 25 m² and 3 m high. A roof must not overhang by more than 600 mm on each side, and a roofed structure attached to the house must not extend above its roof gutter line |
| Rural zones setback | 5 m from the lot boundary in zones RU1, RU2, RU3, RU4, RU6 and R5 |
| Bush fire prone land | A deck on bush fire prone land can still be exempt, but within 5 m of a dwelling it must be built of non-combustible material |
| Heritage and foreshore | Not exempt on or in a heritage item or draft heritage item (State or local), or on land in a foreshore area, so approval is needed there |
Conditions & eligibility
- Each deck, balcony or patio no more than 25 m²; all of them on the lot together no more than 15% of the house's ground floor area (lot over 300 m²) or 25 m² (lot of 300 m² or less)
- Floor no more than 1 m above existing ground level, and no more than 3 m above existing ground level at the highest point
- Any enclosing wall no higher than 1.4 m
- Behind the building line of any road frontage, and at least 900 mm from the lot boundary (5 m in zones RU1, RU2, RU3, RU4, RU6 and R5)
- Metal components must be low-reflective, factory pre-coloured materials
- On bush fire prone land, built of non-combustible material if within 5 m of a dwelling
- A roof must not overhang by more than 600 mm on each side; a roofed structure attached to a dwelling must not extend above the roof gutter line, and its roof water must drain to the existing stormwater system
- Must not interfere with existing drainage fixtures or flow paths
- Not on or in a heritage item or draft heritage item, or on land in a foreshore area
- Flood mapping does not by itself stop a deck being exempt development: flooding is not one of the exclusions in clauses 1.16 and 2.11 of the Codes SEPP
- Exempt development cannot be carried out on a State Heritage Register item, land under an interim heritage order, a declared area of outstanding biodiversity value, critical habitat, a wilderness area, or land on a map listed in Schedule 4 of the Codes SEPP
Heritage and foreshore controls on your specific lot can remove the fast-track and require a full application, even when the general rules say you're fine. Flood and bushfire mapped on your lot add requirements, but do not on their own close the fast-track route.
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.
Planning rules across New South Wales: every route to approval, and the answer for other projects →
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 in area, a floor no higher than 1 m above ground, no more than 3 m high overall, behind the building line and at least 900 mm from the lot boundary. On a lot over 300 m², all decks and patios together are capped at 15% of the house's ground floor area. Outside those limits you need a CDC or a DA.
How high can a deck be before I need approval in NSW?
The floor can be up to 1 m above existing ground level, and the structure up to 3 m at its highest point, 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?
Not if it meets the exempt standards: up to 25 m², up to 3 m high, and at least 900 mm from the lot boundary. A roofed pergola attached to the house can also be exempt if it stays below the roof gutter line and its roof water drains to the existing stormwater system. Outside those limits you need approval.
Sources
- Balconies, decks and patios - NSW Planning ↗
- Balconies, decks, patios, pergolas, terraces and verandahs - Rules for exempt development (NSW DPE) ↗
- Understanding exempt development (NSW DPE) ↗
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clauses 1.16, 2.11 and 2.12 - NSW legislation ↗
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.
Talk to a town planner in New South Wales
This page covers the general rules. A qualified town planner can tell you what applies to your block, including the zone, overlays and approval path, before you spend money on drawings.
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