Decks, patios, terraces
Exemptions from approval for external decks, patios, landings, terraces including stairs or ramps
Exemptions from development and building approval may apply to certain external decks including decks that have external stairs or ramp, an external landing or a retaining wall provided they comply with relevant provisions of Regulations. Examples of decks include certain timber, steel or concrete decks, patios, landings and terraces.
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:
- it has no roof;
- the finished floor level, for any part that is between the front boundary and the building of the block or any part that is within 1.5m of a side boundary or rear boundary of the block, is not more than 0.4m above natural ground level, and in any other case, is not more than 1m above finished ground level;
- if any part is between a front boundary and a building line for the block, that part has no balustrade;
- if any part is behind a building line for the block, the height of any balustrade for that part is not more than 1.2m above the finished floor level for the deck;
- if any part is within 1.5m of a side boundary or rear boundary of the block, it is the only class 10 building or structure (other than the boundary fence) that has any part of it within 1.5m of the boundary or the second exempt building or structure within the boundary clearance area exemption applies;
- it complies with 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 has no walls;
- it is not more than 3m above ground;
- the floor level is not mroe than 1m above ground;
- the frame does not have unsupported span (including any cantilever) more than 4m;
- it 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;
- it will not affect a fire-rated wall, ceiling or floor;
- it will not affect a ventilation or air-handling system, fire protection system or other mechanical service;
- it will not affect a fire escape, emergency lift, stairway, exit or passageway to an exit;
- it will not affect the natural light of ventilation available to a building for which a certificate under the Act, part 5, has been issued;
- it 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;
- it 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.



