Whether a deck, shed or carport needs approval in Australia depends on three things: which state the property is in, the size and position of the structure, and any overlays that apply to the land. The rough British equivalent is permitted development, but the Australian system splits the question between planning and building rules, and each state draws the lines differently. This guide sets out how to work out where your project sits before anyone starts digging.
Planning and building are separate questions
In England, people often think of “planning permission” as the single hurdle, with building regulations as a later technical check. Australia has a similar division, but it shows up more clearly for small structures.
Planning approval concerns whether the structure is acceptable on that land: its use, its position, its appearance and effects on neighbours, heritage, trees and flooding. Building approval concerns whether it is safely designed and built: footings, framing, wind loads, fire separation and so on. A shed might be fine on planning grounds but still need a building permit, or the reverse.
Who issues these approvals also varies. Councils handle planning in every state, but building approvals may come from the council or from a private building surveyor or certifier, depending on the state.
How the main states approach it
In New South Wales, many small structures can be built as “exempt development” with no approval at all, provided they meet every listed standard for size, height, setback from boundaries and other conditions. If a project falls just outside those standards, it may qualify as “complying development”, which can be approved quickly by a council or registered certifier. Anything else needs a development application. The NSW Department of Planning explains exempt and complying development and links to the detailed codes, which are worth reading carefully because a single unmet condition removes the exemption.
In Victoria, the main question is usually whether a building permit is needed, issued by a registered building surveyor. Small outbuildings and low decks can be exempt within set limits, but carports and larger sheds generally are not. A separate planning permit can be needed where overlays apply. Consumer Affairs Victoria’s housing and building pages cover homeowners’ rights and obligations when engaging builders for this kind of work.
Queensland, Western Australia, South Australia, Tasmania and the territories each have their own exemption lists and processes. The common thread is that exemptions are conditional, and the conditions change over time, so always confirm current rules with your council or a building surveyor.
What tends to trigger approval
Without quoting thresholds that differ by state and change with amendments, the factors that most often push a small project into needing approval are:
- Floor area above the exempt limit for that type of structure.
- Height, including how high a deck sits above the ground.
- Closeness to a side or rear boundary, or to the street.
- Attachment to the house, which brings in fire separation and structural questions.
- Heritage, flood, bushfire or vegetation overlays on the land.
- Easements and sewer lines under the proposed site.
- Location in a strata or community title scheme, which adds a separate layer of consent.
Carports catch many people out because they are often attached to the house and sit forward of the building line, two conditions that frequently remove exemptions. Raised decks are another, especially on sloping blocks where one corner can sit much higher than the other.
A practical way to check
- Find out the zoning and any overlays from your council’s online mapping or a planning certificate.
- Read the state’s exemption rules for the specific structure, not a general summary.
- Measure the proposed size, height and boundary distances against each condition.
- If anything is borderline, ask the council’s duty planner or a building surveyor before ordering materials.
- Check easements and services on the title, and get underground services located before digging.
- If approval is needed, decide who will apply: you, the builder, or a private certifier where the state allows it.
- Keep every approval document and final inspection certificate with the property records.
Whoever builds it should hold the right licence or registration for the value and type of work in your state; our guide to checking a builder’s or tradie’s licence covers how to look them up.
Unapproved structures when buying
If you are buying a house with an existing deck, shed or carport, ask whether it was approved. Unapproved work can lead to council orders, insurance questions and problems when you sell. In some states a certificate can be obtained after the fact if the structure meets the rules; in others, it may have to be altered or removed. A conveyancer and a building inspector can help identify the risk before settlement.
Questions readers ask
Does a garden shed from a hardware store need approval?
Often not, if it is small, low and set back from boundaries. Each state has conditions, and overlays can still apply.
Can my neighbour object to an exempt structure?
Exempt development has no formal approval for them to object to. If it breaches the conditions, though, they can complain to council.
Who is responsible if the builder skipped approval?
Responsibility generally sits with the owner, though you may have recourse against the builder. Confirm approvals before work starts.