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Exempt Development Guide

Unpacking exempt development. Building without the need for approval.

Exempt development is the legal term used to describe minor building work that is not subject to planning or building approval. Numerous home renovations and minor building projects fall under exempt development, eliminating the need for approval from a council or private certifier.

As long as these projects adhere to defined standards and land requirements outlined in the legislation (including the building code of Australia), no planning or building approval is necessary.

When engaging in exempt development work, it is essential to review and adhere to the specific clause provided below to ensure compliance with the building requirements:

 

If exempt development is not an option, it is necessary to obtain development consent approval from your local council. Alternatively, you can acquire a complying development certificate from a private certifier before commencing any construction activities.

Frequently Asked Questions

Certifiers do not have the authority to approve exempt development work.

Under Subdivision 26 - Minor Building Alterations (Internal), you are allowed to replace a deteriorated frame member, but it does not allow a change to the configuration of a room, whether by removal of an existing wall, partition or other means.

Under Subdivision 27 - Minor Building Alterations (External), you are permitted to replace existing external windows, glazing areas, or doors (excluding those on bush fire prone land), but it does not allow for the addition of new windows, including window openings.

Unfortunately, it is not possible to construct a front fence that exceeds a height of 1200mm through exempt development. To proceed with such a project, it will be necessary for you to obtain approval from your local council.

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