Planning rules in New South Wales

In NSW, your council's local environmental plan sets the zone and what can be built in it, and state policies set the standards for the most common projects. Most home projects take one of three routes: no approval, a fast complying development certificate, or a development application to council.

3.4M

Lots on the zoning map

128

Councils with zoning maps

6

Projects explained, with sources

3

Routes to approval, below

How approval works in New South Wales.

The Environmental Planning and Assessment Act 1979 sets up the system. Each council's local environmental plan (LEP) zones most land and sets controls such as height, floor space and minimum lot size. State environmental planning policies (SEPPs) apply across NSW: the Exempt and Complying Development Codes SEPP sets the standards for exempt and complying development, and the Housing SEPP covers granny flats and other housing. A council's development control plan (DCP) adds design detail for development applications.

01

Exempt development

Small, low-impact works that meet every standard in the Codes SEPP need no planning or building approval: many sheds, decks, pergolas and fences, within set sizes and setbacks.

02

Complying development

A complying development certificate (CDC) is a fast approval from council or a registered certifier when the project meets the Codes SEPP standards, with no merit assessment. Granny flats and many new homes go this way. It is not available on some land, such as heritage items: your council's planning certificate shows what applies to your lot.

03

Development application

Anything that is not exempt or complying needs a development application (DA) to council, lodged through the NSW Planning Portal and assessed on merit against the LEP and DCP. Many are advertised to neighbours.

A CDC covers building approval too. After a DA consent, a construction certificate is needed before building work starts. Your state’s portal: NSW Planning Portal.

Your project in New South Wales.

The statewide answer for each project, with the size limits, setbacks and approval route on its own page. Overlays on your lot can change it: check your address for those.

Questions about New South Wales.

Can I rent out a granny flat in NSW?

Yes. A secondary dwelling in NSW can be rented to anyone, not just family, provided it was approved as a separate dwelling.

What size block do I need for a duplex in NSW?

There is no single figure. Most councils map a minimum lot size for dual occupancy between 450 m² and 600 m², and in mapped low and mid-rise housing areas a 450 m² lot at least 12 m wide cannot be refused on lot size grounds. Some councils, including Hornsby and Ku-ring-gai, require 700 m² or more. Check the minimum lot size mapped to your address before you buy or design.

What size block do I need to subdivide in NSW?

There is no statewide figure. Your council's Local Environmental Plan maps a minimum lot size for your specific parcel - commonly 450-700 m² in standard residential zones, but as low as around 200 m² in some areas and several hectares in others. In practice you need at least twice the mapped figure, plus enough frontage and access for both lots.

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 big a shed can I build in NSW without council approval?

Up to 20 m² floor area in residential and most other zones, or up to 50 m² in rural zones (RU1–RU4, RU6, R5), provided it's no higher than 3 m, behind the building line and meets the boundary setbacks. Anything larger needs a CDC or DA.

How high can a fence be in NSW without council approval?

Up to 1.8 m above existing ground level behind the building line, and up to 1.2 m forward of the building line or in a road setback. Masonry is limited to 1.2 m anywhere.

General guidance only, not professional planning advice. Planning rules change, and councils add their own controls: confirm with your council or a qualified planner before you start.

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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