Question 1

Do I need council approval for a deck or patio in NSW?

Accepted Answer

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.

Question 2

What's the difference between Exempt, CDC and DA?

Accepted Answer

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.

Question 3

How big can a patio or deck be without approval in NSW?

Accepted Answer

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, flood-prone land, bushfire-prone land within 5 m of a dwelling, and many strata properties are excluded. Always confirm against your specific lot before relying on the exemption.

Question 4

How long does CDC approval take for a pergola or patio?

Accepted Answer

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.

Question 5

What is the '15% Rule' for additions and alterations?

Accepted Answer

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.

Question 6

Do I need approval for a deck or patio in Wollongong, Shellharbour or Kiama?

Accepted Answer

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.

Question 7

What about Camden, Campbelltown and Wollondilly (Macarthur)?

Accepted Answer

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.

Question 8

Do Southern Highlands rules differ (Wingecarribee)?

Accepted Answer

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.

Question 9

What documents do I need for a council approval?

Accepted Answer

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.

Question 10

Can BC Complete handle the approval for me?

Accepted Answer

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.

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

The Council Process for Decks & Patios — explained.

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The Council Process for Decks & Patios

Which approval pathway will your project need?

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Exempt vs CDC vs DA — side by side

Exempt Development

Complying Development (CDC)

Development Application (DA)

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Owner-led process

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Approvals handled

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