General exemption criteria are often referred to as needing to be met in addition to specific exemption criteria for certain types of development to be exempt from needing development approval. You need to check the specific exemption that applies to your development to see if any, all or only some general exemption criteria apply. Refer to the Design and build - Begin a project section for specific requirements.

The following is a summary of the general exemption criteria under the Planning and Development Regulation 2008, schedule 1, section 1.10. It is correct as of the date the web page was last updated - scroll to bottom of web page to find this - however the Regulation's Schedule may have been updated since then.

Criterion 1 - easement and other access clearances

The development must not cause any part of a building or structure to be located in an easement or proposed easement or a utility infrastructure access or protection space.

Easements are shown on a Certificate of title, which can be obtained from the Office of Regulatory Services.

Proposed easements are shown on a deposited plan, which can be obtained by calling the ACT Planning and Land Authority.

For information about utility infrastructure access or protection space, contact Actew and ActewAGL.

Examples

• The electricity service and installation rules require buildings or other structures to be kept clear of power lines by a stated dimension, to protect the powerlines from damage or to protect the electricity supply from interruption.
• The water and sewerage service and installation rules require access to stated utility infrastructure at the rear of a block to not be impeded by structures and an unhindered access route to the infrastructure of a stated width to be provided down at least one side of the block.

Criterion 2 - plumbing and drainage clearances

The development must not cause a clearance for a pipe fitting opening or pipe fitting outlet to contravene AS/NZS 3500 (Plumbing and Drainage Set) as in force from time to time.

Example

A sewer vent must be above the surrounding surface. A development must not create a situation where surface water can flow into the vent.

Criterion 3 - metallic, white and off-white exterior finishes in residential zones

For an external wall or roof of a building or structure, the development must not cause any part of the exterior of any metal lining sheet for the wall, or metal roofing sheet, to have a metallic, white or off white finish.

For development in a residential zone that involves the building of a fence, other than a fence for an open space boundary, the development not cause any part of the exterior of any metal sheet for the fence to have a metallic, white or off white finish.

White or off-white finish is defined in the Territory Plan Single Dwelling Housing Development Code, part C, rule 33. 

Criterion 4 - heritage and tree protection

The development must not contravene the Heritage Act 2004 or the Tree Protection Act 2005 - refer to the Department of Territory and Municipal Services for information.

Note - All other applicable laws must also be complied with.

Criterion 5 - compliance with lease and other development approvals

Development must not be inconsistent with:
- a condition of a DA for another development on the block to which the exempt development relates; or
- a provision of the lease to which the exempt development relates; or
- an agreement collateral to the grant of a lease to which the exempt development relates.

Example

 • An agreement collateral to the grant of a lease to which the exempt development relates - a land management agreement mentioned under the Planning and Development Act, section 283.

Criterion 6 - development approval not otherwise required

The development must not be part of another development that requires a development application (DA).

Note - A DA for the construction of a building only has application to the construction of the things shown in the DA.  For example, a DA for the construction of a house only applies to construction of the house.  If initial construction of the house has been completed under the DA, other development on the block that is not construction of the house is not subject to the house-construction DA.  So construction of a garage attached to the house, after completion of the house, is not part of the initial construction of the house. 

Examples
• A rear deck and pergola are to be built with a house as a combined development. The house requires development approval.  Accordingly, the deck and pergola are not exempt from requiring development approval.
• A rear deck and pergola are to be added as a combined development to an existing house. The deck, if built on its own, would be exempt from requiring development approval. The pergola, if built on its own, is not exempt because it exceeds the height limitations in section 1.47. The deck is not exempt from requiring development approval because it is part of a combined development with the pergola that requires development approval.

Criterion 7 - no multiple occupancy dwellings

The development must not increase the number of dwellings on a block to two or more dwellings.

Example

• Adding an additional kitchen to certain single dwellings could be taken to convert the single dwelling to two dwellings in certain circumstances.

Criterion 8 - compliance with other applicable exemption criteria

The development must comply with any other exempt development criteria that apply to the development.

Other exempt development criteria are outlined in the Planning and Development Regulation, Schedule 1.

Examples
• Changing a house roof from metal sheet to tiles must also comply with relevant exemption criteria about roof slope changes - refer to the Regulation
• Maintenance or replacement of a roof flue for a building must also comply with relevant exemption criteria about constructing or altering chimneys, flues and vents - refer to the Regulation.