Development that is exempt from approval needs to be built according to the specific requirements that provide for the exemption.

Exemptions from development approval and building approval

A proposal may be exempt from development and building approval provided it complies with relevant provisions.

The development does not need development approval if it complies with relevant provisions of the Planning and Development Regulation 2008, Schedule 1.

The development does not building approval if it complies with relevant provisions of the Building (General) Regulation 2008, Schedule 1

The types of development that are exempt from requiring approval include the following, providing they comply with specific criteria and requirements:

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

A complete list of developments 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.