RemodoDecks, pergolas and patios: what's exempt in NSW
Some outdoor structures can be built with no approval at all as 'exempt development' — if they meet every standard. Here's the general picture for decks, pergolas, patios and verandahs in NSW.
The size and height caps
As exempt development, a deck or patio generally must not exceed 25 m² in floor area and must sit no higher than 1 m above existing ground level. A pergola generally must not exceed 25 m² and must be no higher than 3 m.
There are also cumulative limits: the combined floor area of these related structures typically can't exceed 15% of the ground-floor area of the dwelling on lots over 300 m², or 25 m² on lots of 300 m² or less.
Setbacks and other conditions
These structures must generally sit behind the front building line and meet minimum boundary setbacks (commonly ranging from about 0.9 m up to 5 m depending on the zone). Any enclosing walls are usually limited to about 1.4 m high.
Miss any single standard and it's no longer exempt — you'd then need a Complying Development Certificate or a Development Application.
Always check before you build
Exempt development still has to meet all the conditions in the Codes SEPP, and site controls (heritage, bushfire, flooding) can rule it out. Confirm your specific structure against the NSW Planning Portal or your council before starting.
Frequently asked
Can I build a deck without council approval in NSW?＋
Potentially — a deck up to 25 m² and no more than 1 m above ground can be exempt development if it meets all the other standards (setbacks, cumulative area, site controls).
How high can an exempt pergola be?＋
Generally up to 3 m high and up to 25 m² in area, subject to setbacks and other conditions.
What if my design is bigger than the limits?＋
Then it isn't exempt — you'd need a Complying Development Certificate (CDC) or a Development Application (DA).
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This content is general information only and is not planning, legal or professional advice. While we aim to keep these guides accurate and current, planning laws change frequently and vary by state, council/LGA, zone and site-specific controls (flooding, bushfire, heritage, easements and more). Figures quoted are indicative and may be out of date.
Remodo makes no warranty as to the accuracy, completeness or currency of this information and accepts no liability for any loss arising from reliance on it. Always confirm the requirements for your specific property with your local council or the relevant state planning portal, and seek advice from a qualified planner, certifier or lawyer before making decisions or starting work.