Do I need to lodge a development application?

There are two types of approvals for new development. These are development approval and building approval.

However, for some buildings or smaller projects like extensions, sheds and pergolas you may not need to lodge a development application. These are called exempt developments.

While you may not need development approval it’s important to note that you may still need building approval (although some projects are exempt from both development and building approval). More information on building approval can be found below.

There are still rules you need to meet in order for your development to be exempt. For example for a house to be exempt it needs to meet the requirements of the single dwelling housing development code.
 
Below is a list of types of exempt development and details on the rules that need to be met in order for the development to be exempt. If you need more information please contact ACTPLA’s Customer Service Centre on 6207 1923.

• Aerials and antennas
• A single house in a new housing estate
• Carports and shade structures
• Courtyard and freestanding walls
• Decks, patios and terraces
• Demolition
• Demolition of single residential in existing areas
• External doors, walls and windows
• Fences
• Garages, sheds, and gazebos
• Heating and cooling installations
• Internal alterations
• Landscape gardening
• Letterboxes and barbeques
• Maintenance
• Open space boundary fences
• Unroofed pergolas and arbors
• Ponds
• Pool fencing and barriers
• Refinishing external appearance
• Retaining walls
• Satellite dishes
• Second building in clearance area
• Single residential and extensions in existing areas
• Skylights
• Swimming pools
• Tanks

A complete list of developments that are exempt from development approval and relevant criteria and requirements can be found in Schedule 1 of the Planning and Development Regulation 2008.

Exemptions from development approval, but not building approval

Some development may be exempt from development approval, but may still require building approval. For example, a single house in a new housing estate will be exempt from development approval, provided it meets certain design and siting requirements of relevant Territory Plan Codes, but will still require building approval regardless of meeting the first exemption.

The following diagram outlines the process undertaken for exempt proposals that require building approval.

Certifier's role in exempt development

Building certifiers are responsible for:

• verifying that exempt developments meets the development exemption criteria and therefore do not require a development application, if an application for building approval shows building work that might be exempt from requiring a development approval; and
• verifying that the sitework, such as driveways and tree damage, and building work shown in a building approval application is either: exempt from requiring development approval, if the exemption requirements for the building work also require the sitework to be exempt; or in accordance with a development approval.

Certifiers are prohibited from issuing a building approval where a development application is required but is not in force.

List of certifiers and other industry professionals