Exemptions from development and building approval may apply to certain class 10 buildings and structures that would be the second exempt building or structure (second thing) within the boundary clearance area of a property (other than a sign installed on land). For example, an exempt garage is immediately adjacent to a common boundary of a block and is the first thing near that boundary. An exempt garden shed is next to the garage and boundary and is the second thing within the boundary clearance area.

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 have been updated since then. In summary, the development is exempt provided that:

• it is an existing class 10 building or structure (the first thing), other than a sign installed on land, partially or fully in a boundary clearance area of the block;
• the second thing (the development) would be DA exempt if the first thing were not located partially or fully within the boundary clearance area;
• the second thing is not a boundary fence;
• the first thing and second thing are the only class 10 buildings or structures (other than a boundary fence) that are partially or fully within the boundary clearance area;
• the first thing and second thing have a combined relevant cross-section area above natural ground level of not more than 30m2;
• the first thing and second thing comply with relevant general exemption criteria.

Boundary clearance area, for  a side boundary or rear boundary of a block, means the area between the boundary and a line drawn 1.5m inside the block and parallel to the boundary.

Relevant cross-section area of a building or structure partially or fully within a boundary clearance area means the area of the largest cross-section of the building or structure at any point in the area when measured in a plane parallel to the boundary.

Also see definitions.

Exemptions from building approval

The development does not need building approval if it complies with relevant provisions of the Building (General) Regulation 2008, Schedule 1, which in summary provides that the building or structure is exempt from requiring building approval. BA exemptions are not dependant on the numbers of buildings or structures located in boundary clearance areas.