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Courtyard and freestanding walls

Exemptions from approval for freestanding walls, screen walls, coutyard walls and masonary walls forming fences

Exemptions from development and building approval may apply to certain freestanding walls provided they comply with relevant provisions of Regulations. Examples include screen walls, courtyard walls and masonary walls forming fences. 

Exemptions from development approval

The development does not need development approval if it complies with relevant provisions of the Planning and Development Regulation 2008, Schedule 1. The following is a summary of the provisions and is correct as of the date the web page was last updated - scroll to the bottom of the web page to find this - however the Regulation's Schedule may been updated since then. In summary, the development is exempt provided that:

  • is not forming an open space boundary fence;
  • is not more than 1.85m above natural ground level;
  • no part is between a front bundary and a building line;
  • no part part diverts or concentrates the flow of surface water in a way that causes ponding or onto other land; and
  • complies with the relevant general exemption criteria.

See definitions to understand the terms in italics.

Exemptions from building approval

The development does not building approval if it complies with relevant provisions of the Building (General) Regulation 2008, Schedule 1. The following is a summary of the provisions and is correct as of the date the web page was last updated - scroll to the bottom of the web page to find this - however the Regulation's Schedule may been updated since then. In summary, the development is exempt provided that it:

  • is not forming an integral part of a required enclsoure for a swimming pool;
  • is not more than 1.8m above ground;
  • is not more than 2m above the ground if:
    • no masonary or concrete components (other than cemet sheet products) are more than 1.8m above ground; an
    • it is not part of a roofed building or retaining wall.
  • will not affect the structural integrity of any part of a building for which a Certificate of Occupancy or other certificate under the Building Act 2004, part 5, has been issued;
  • will not affect a fire-rated wall, ceiling or floor;
  • will not affect a ventilation or air-handling system, fire protection system or other mechanical service;
  • will not affect a fire escape, emergency lift, stairway, exit or passageway to an exit;
  • will not affect the natural light of ventilation available to a building for which a certificate under the Act, part 5, has been issued;
  • will not affect the building in a way that reduces its compliance with the Building Code to a level that is less than the minimum requirements of the Code;
  • does not involve handling asbestos or disturbing friable asbestos (other than minor maintenance work, i.e. low-speed or hand-drilling, sealing, painting, coating if done personally by the owner or occupier of the premises).

No building approval, licence, notice, certifier, plans, inspections, certificates, design or construction standards required under the Building Act 2004.


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