Exempt and Complying Development Provisions by State

What This Requirement Covers

Exempt and complying development provisions are streamlined planning and building pathways that allow certain low-risk building work to proceed with simplified approvals or without a full development application. They exist to reduce red tape, speed up delivery for routine works (such as small residential additions, minor sheds, garages, and certain change-of-use works), and maintain safety and minimum standards by referencing the National Construction Code (NCC) and relevant state planning rules. These provisions are used by builders, designers, certifiers, homeowners and local approval authorities to determine whether a project can be built under an expedited process.

The provisions operate by identifying specific classes of work, numerical thresholds and conditions that, when met, allow either

1. (a) work to be carried out as exempt development with no planning permit required (subject to compliance with mandatory standards), or
2. (b) work to be carried out as complying development where a pre‑approved code-assessable pathway applies and a building permit or complying development certificate is issued. They rely on the NCC (Volume One and Volume Two), the ABCB Housing Provisions where relevant, and state or territory schedules to the NCC which may vary national rules.

Key Requirements

1. Exempt and complying development are governed nationally by the NCC and ABCB Housing Provisions and locally by each State or Territory schedule to the NCC: see "A3G1 State and Territory compliance" in NCC Volume One and Volume Two. The NCC is subject to and may be overridden by State or Territory legislation, and variations/additions are contained in Schedules 4-11 of NCC Volume One.
2. Thresholds and permitted work types vary by jurisdiction, but typical dimensional and quantitative limits used in state lists include:
3. Maximum floor area for detached sheds or outbuildings commonly between 10 m2 and 60 m2 depending on the state and location (check the specific state exempt development list).
4. Maximum building height for exempt structures often ≤ 3.6 m (single storey outbuilding) or as specified by local provisions.
5. Setbacks: exempt/complying provisions typically require minimum side and rear setbacks (for example ≥ 1.0 m to a side boundary for many outbuildings) - state rules vary.
6. Site coverage and impervious area caps are commonly specified for complying schemes (expressed as a percentage of lot area, e.g., < 40-60% depending on local planning controls).
7. Retaining walls: small retaining walls may be exempt if ≤ 1.0 m in height without surcharge; higher walls require assessment or development approval.
8. Stormwater drainage and erosion control must comply with NCC/Housing Provisions clauses such as H2D4 (drainage) and site preparation requirements in the ABCB Housing Provisions.
9. Structural requirements: all structural elements built under exempt/complying provisions must satisfy the NCC structural performance requirements (NCC Volume One/Two) and relevant Australian Standards - for timber framing in accordance with AS 1684, masonry AS 3700, steel AS 4100, and plumbing to AS/NZS 3500 series as referenced.
10. Fire safety: any building work that changes classification or affects fire separation must comply with the NCC fire safety provisions (Volume One or Two as applicable) and state variations; small detached Class 10 structures are often exempt if they do not compromise fire separation.
11. Building classes commonly involved:
12. Class 1 and 10 (houses, outbuildings, carports, pergolas) are the most frequent subjects of exempt/complying development provisions under the ABCB Housing Provisions and state codes.
13. Some low-impact Class 2-9 works (e.g., small internal fitouts, minor change of use where services are unchanged) may be eligible for complying pathways if state planning instruments specifically allow.
14. Mandatory NCC and ABCB references to check in any assessment:
15. NCC Volume Two (for housing, Class 1 and 10) - including the Governing Requirements and Section H (plumbing and drainage) and ABCB Housing Provisions parts such as site preparation and drainage (for example, see ABCB Housing Provisions Standard 2022, Part 3 and NSW-specific variations).
16. NCC Volume One where works impact fire-separation, structural safety or other aspects for Class 2-9 buildings.
17. Specific clauses called out by states in their NCC schedules (for example, NSW additions in ABCB Housing Provisions include NSW 3.1.2 application rules).
18. Australian Standards cited by the NCC: AS 1684, AS 4100, AS 3700, AS 2870 (footings and slab suitability), AS/NZS 3500 (plumbing), and others as required by the referenced NCC clauses.

Residential vs Commercial

1. Residential (Class 1 and Class 10):
2. Exempt development and complying development schemes primarily target low-risk residential work: small additions, verandahs, pergolas, carports, garages, swimming pools under specified sizes, sheds/outbuildings within area/height/setback thresholds, and minor internal works. The ABCB Housing Provisions and NCC Volume Two are the primary technical references, and state housing provision schedules can add or remove specific acceptable construction practices (for example NSW variations to Part 3.1 of the Housing Provisions).
3. Structural, drainage and termite management requirements remain mandatory. Design must follow AS 1684 (timber framing), AS 2870 (residential slabs and footings) and plumbing standards AS/NZS 3500 as referenced in NCC Volume Two.
4. Commercial (Class 2-9):
5. Exempt/complying pathways are far more limited for Class 2-9 buildings because of higher safety, accessibility and fire-safety risk profiles. Complying development codes for commercial work are rarer and typically limited to specific minor works (e.g., small internal fitouts, signage, or non-structural maintenance) when expressly allowed by state planning instruments.
6. Where allowed, compliance requires meeting NCC Volume One technical provisions on fire resistance levels, means of egress, loadings, and accessibility, plus referenced Australian Standards such as AS 1428 for access and AS 4100 for structural steel.

Exceptions and Exemptions

1. State and local government may specify explicit exemptions or additional conditions. Common exemptions include:
2. Very small structures under local area thresholds (for example small garden sheds under a stated m2 and height limit).
3. Routine maintenance and repair that does not change structure, footprint, use or fire performance.
4. Temporary structures for limited periods where local rules allow.
5. Exempt development does not remove compliance with the NCC: even exempt work must not create noncompliance with safety, structural or plumbing requirements called up by the NCC or applicable Australian Standards.
6. Works that change building classification, increase the number of occupants, affect fire separation or building services, or exceed dimensional thresholds are typically excluded from exempt/complying pathways and require full planning approval and certification under NCC Volume One/Two.
7. Some states require that exempt works still meet specific local policy limits such as heritage overlays, coastal setbacks, or protected vegetation-these matters can override exempt/complying status.

State and Territory Variations

1. The NCC recognises state and territory variations via schedules. Relevant schedules to consult are: Schedule 4 (ACT), Schedule 5 (NSW), Schedule 6 (NT), Schedule 7 (QLD), Schedule 8 (SA), Schedule 9 (TAS), Schedule 10 (VIC), Schedule 11 (WA) as called out in A3G1 State and Territory compliance in NCC Volume One and Volume Two.
2. Examples of common variations:
3. New South Wales: The ABCB Housing Provisions include NSW-specific application rules (see ABCB Housing Provisions Standard 2022, NSW 3.1.2) and some Part 3 provisions do not apply in NSW where state planning controls govern siteworks and excavation conditions.
4. Queensland, Victoria and others: often operate state code assessment systems that include specific complying development codes or exempt works lists within planning legislation; exact area and height limits differ by state and often by local government area.
5. Local government overlays: In every state, local planning schemes (heritage, bushfire-prone land, coastal erosion) can remove exempt status or impose additional conditions.
6. Always verify the state schedule in the current edition of the NCC 2022 (or later) Volume One/Two and the ABCB Housing Provisions for the applicable state. State legislation can override national provisions, so check the local planning and building acts and any state-issued complying development or exempt development codes.

Practical Compliance Tips

1. Check the relevant state schedule in the current NCC edition first - the national rule may be varied or deleted for your state (see NCC Volume One/Two, A3G1 State and Territory compliance).
2. Start by confirming the building class and the single most important material variable - whether the work is Class 1/10 or Class 2-9 - because this determines which volume of the NCC and which state schedule apply.
3. Size and setback thresholds are frequently the deciding factor - measure floor area, overall height, and distance to boundaries against the specific state/local exempt or complying list before assuming eligibility.
4. Don’t assume exempt means unregulated - ensure structural design follows AS 1684, AS 2870, AS 3700 or AS 4100 as required, and plumbing/drainage works comply with AS/NZS 3500 and NCC clauses such as H2D4 where referenced.
5. Check for overlays (heritage, bushfire, coastal) and local planning controls - they commonly revoke exempt status even for small works.
6. If the proposal affects fire separation, egress, or classification, treat it as non-exempt and obtain a full assessment against NCC Volume One including FRL, means of egress and fire service requirements.
7. When in doubt, obtain written advice from a registered certifier or planning authority - state variations and local rules change frequently and a certifier can confirm whether a complying development certificate or full development approval is required.

Citations: NCC 2022 Volume One - Building Code of Australia, A3G1 State and Territory compliance; NCC 2022 Volume Two - Building Code of Australia; ABCB Housing Provisions Standard 2022 (see NSW 3.1.2 and Part 3 site preparation). Specific Australian Standards referenced: AS 1684, AS 2870, AS 3700, AS 4100, AS/NZS 3500.

Could the assistant answer: true