The Council Process for Decks & Patios — explained.
Exempt, CDC and DA pathways in plain English, plus local council notes for the Illawarra, Macarthur and Southern Highlands. Thirteen pages, zero jargon.
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Doc. BCC/HG-2026 · 13 pages · PDF
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Exempt vs CDC vs DA — explained simply
Plain-English breakdown with limits, paperwork and timelines.
What to expect from first call to keys-in-hand for decks and patios.
Document checklist
Exactly what your certifier or council will ask for at each pathway.
Your guide is on the way
The download should have started automatically — if it didn't, use the button below. Expect a friendly call within one business day to answer any council-pathway questions for your project.
60-second pathway check
Which approval pathway will your project need?
Answer six quick questions and we’ll suggest the most likely pathway — Exempt, CDC or DA — plus the next steps.
This is a guide only; we confirm everything with your council before quoting.
Question 1 of 60%
What are you building?
Approximate floor area?
How high above natural ground will the floor sit?
Distance from side & rear boundaries?
Where is the property?
Does any of this apply to the property?
Select all that apply.
almost there
Where should we send your result?
Pop in your details and we'll reveal your suggested pathway, email you a copy, and have a planner
cross-check the answer against your specific lot — no obligation, no spam.
Your answers so far
Project:—
Size:—
Height:—
Setback:—
Region:—
Overlays:none
our suggestion
Confidence:
·
Why this pathway
Next steps
1 Confirm your lot zoning and overlays with the council (we can do this for you).
2 Get structural engineering and finalise the design.
3 Build — no formal council approval required.
1 Detailed plans, BASIX (if required) and structural engineering prepared.
2 Bushfire / flood reports if applicable.
3 Lodged with a private certifier — typically determined in 2–4 weeks.
1 Statement of Environmental Effects, full design package and reports prepared.
2 Lodged with council via the NSW Planning Portal.
3 Assessment, notification and determination — typically 8–16 weeks.
4 Construction Certificate (CC) issued before construction starts.
Note for your region
This is a general indication only, based on the NSW Codes SEPP. Heritage, bushfire, flood, coastal,
acid-sulfate-soil and other overlays can change the pathway. BC Complete confirms the actual requirements with
your council before any work begins.
The three NSW approval pathways for decks, patios and pergolas — what triggers each one, how long it takes, and where it stops applying.
No approval required
Exempt Development
Timeline
0 days
Cost
$ — no approval fees
Assessed by
Private certifier not required
What triggers it
✓Deck/patio ≤ 25 m² and ≤ 1 m above ground
✓Set back ≥ 900 mm from side & rear boundaries
✓Behind the front building line
✓Not on bushfire, flood or heritage land
Where it stops applying
—Strict size, height and setback caps
—Must meet every Codes SEPP standard
—No structural works to the dwelling
Fast-tracked certifier approval
Complying Development (CDC)
Timeline
~20 business days
Cost
$$ — certifier + plans + engineering
Assessed by
Private certifier or council
What triggers it
✓Larger patios, pergolas & roofed decks
✓Addition ≤ 15% of dwelling floor area (max 60 m²)
✓Meets Housing Code setbacks & height
✓Lot ≥ 200 m² in a residential zone
Where it stops applying
—Must meet every CDC rule — no variations
—Excluded on heritage, flood & some bushfire lots
—Neighbour notification still required
Full council assessment
Development Application (DA)
Timeline
8 – 16 weeks
Cost
$$$ — DA fees + SoEE + reports
Assessed by
Local council
What triggers it
✓Outside Exempt and CDC limits
✓Heritage, flood or escarpment-affected land
✓Boundary, height or setback variations
✓Secondary dwellings & complex roofed structures
Where it stops applying
—Merit-based — outcome not guaranteed
—Public notification & possible objections
—Often requires SoEE and specialist reports
Pathway
No approval required
Exempt Development
Fast-tracked certifier approval
Complying Development (CDC)
Full council assessment
Development Application (DA)
Timeline
0 days
~20 business days
8 – 16 weeks
Indicative cost
$ — no approval fees
$$ — certifier + plans + engineering
$$$ — DA fees + SoEE + reports
Assessed by
Private certifier not required
Private certifier or council
Local council
What triggers it
✓Deck/patio ≤ 25 m² and ≤ 1 m above ground
✓Set back ≥ 900 mm from side & rear boundaries
✓Behind the front building line
✓Not on bushfire, flood or heritage land
✓Larger patios, pergolas & roofed decks
✓Addition ≤ 15% of dwelling floor area (max 60 m²)
✓Meets Housing Code setbacks & height
✓Lot ≥ 200 m² in a residential zone
✓Outside Exempt and CDC limits
✓Heritage, flood or escarpment-affected land
✓Boundary, height or setback variations
✓Secondary dwellings & complex roofed structures
Where it stops applying
—Strict size, height and setback caps
—Must meet every Codes SEPP standard
—No structural works to the dwelling
—Must meet every CDC rule — no variations
—Excluded on heritage, flood & some bushfire lots
—Neighbour notification still required
—Merit-based — outcome not guaranteed
—Public notification & possible objections
—Often requires SoEE and specialist reports
Guide only — based on the NSW Codes SEPP. Heritage, bushfire, flood and strata overlays can change the pathway for your address. We confirm before quoting.
why homeowners trust us
Approvals, design and build under one roof.
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Owner-led process
Brad runs every project personally — same point of contact from first call through to handover. No call-centre, no handoffs.
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Workmanship standards
Australian Standard compliant builds, engineered fixings, certified structural timber and COLORBOND® finishes. We don't substitute on the build.
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Double warranty
7-year structural workmanship warranty on every BC Complete install, plus a 15-year Apollo manufacturer warranty on engineered systems and 15–50 year warranties on composite decking.
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Approvals handled
We prepare and lodge your DA or CDC, engineering certificates and site documentation — so you don't chase councils or certifiers.
questions about the guide
Common questions
It depends on size, height, location and zoning. Small ground-level decks and patios that meet every limit in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 can be built as Exempt Development with no approval. Anything larger, taller or closer to a boundary than the Exempt limits will need either a Complying Development Certificate (CDC) issued by a private certifier or a Development Application (DA) lodged with your local council.
Exempt Development needs no approval at all provided the structure meets every standard in the Codes SEPP — typically under 25 m², under 3 m high and set back from boundaries. A CDC (Complying Development) is a fast-tracked approval issued by a private certifier, usually within 20 business days, when the project meets a fixed set of rules. A DA (Development Application) is the full merit-based pathway lodged with your local council, used when a project sits outside the CDC rules — assessment commonly takes 8 to 16 weeks.
Under Exempt Development, a deck or patio attached to a house can generally be up to 25 m² in floor area, no more than 1 m above ground, and set back at least 900 mm from each side and rear boundary. Heritage items and foreshore areas are excluded, and on bush fire prone land anything within 5 m of the house must be built from non-combustible materials. Strata by-laws and estate covenants can add their own rules, so always confirm against your specific lot before relying on the exemption.
A complete CDC application is typically determined within 20 business days. In practice, most BC Complete clients receive their CDC in 2–4 weeks once engineering, site plans and supporting documents are submitted. A DA, by contrast, generally takes 8–16 weeks depending on the council, neighbour notification and any referrals.
The 15% Rule under the Housing Code allows you to add up to 15% of the floor area of an existing dwelling (capped at 60 m²) as Complying Development. For most patio, deck and pergola projects this means the addition can be approved as a CDC rather than a DA, provided side and rear setbacks, height limits and lot size requirements are met.
Illawarra councils follow the same NSW Codes SEPP, so Exempt and CDC rules apply across Wollongong, Shellharbour and Kiama. Coastal lots, acid sulfate soils and the Illawarra Escarpment Conservation Area can trigger extra controls that push a project from Exempt to CDC, or from CDC to DA. We confirm the pathway for your address before quoting.
Macarthur councils also work to the Codes SEPP, but newer release areas often have a registered Development Control Plan or design code that restricts materials, roof pitches and front-yard structures. These overlays don't usually stop a project — they just shape the design and can move a borderline pergola or patio from Exempt to CDC.
Wingecarribee Shire has a stronger heritage and rural-residential character, with more lots affected by heritage listings, bushfire zones and minimum setbacks. Many Highlands projects that would be Exempt in suburban Sydney need a CDC or DA here, particularly anything visible from a heritage streetscape or attached to a contributory dwelling.
For a CDC or DA you'll typically need a site plan, floor and elevation drawings, a BASIX or sustainability statement if required, structural engineering, a statement of environmental effects (DA only), and proof of ownership. BC Complete prepares and lodges this package as part of every approval-managed project so you don't have to chase certifiers, engineers or draftspeople yourself.
Yes. We manage the entire approval process — site assessment, pathway selection, drawings, engineering, certifier liaison and lodgement — across the Illawarra, Macarthur and Southern Highlands. You get one point of contact from first consultation through to handover.