The biggest headache for any home renovation isn’t the construction—it’s the paperwork.

Many Sydney homeowners dream of a new outdoor entertaining area but hesitate because they are afraid of getting tangled in “council red tape” or waiting months for a Development Application (DA) to be approved.

The good news is that under NSW regulations, many pergolas and decks can be built without full council approval if they meet specific “Exempt Development” criteria.

As experienced Pergola Builders and deck builders in Sydney, we help our clients navigate these rules every day. Here is a simple guide to understanding when you can build straight away, and when you need permission.

What is “Exempt Development”? (The Loophole)

In NSW, the State Environmental Planning Policy (SEPP) allows homeowners to build minor structures without council approval, provided they meet strict standards.

If your project fits these rules, you don’t need to tell the council anything. You can just hire your builder and start work.

To be exempt, a pergola or patio cover generally must:

• Size: Be no more than 25m² in area.
• Height: Be no higher than 3m above existing ground level.
• Setbacks: Be at least 900mm away from the boundary (fence line).
• Drainage: Have a roof that directs water into the existing stormwater system (not into your neighbour’s yard!).
• Location: Not be built in front of the main building line (i.e., not in your front yard).

If your dream entertainment area fits this box, our Pergola Builders can get started immediately.

Pergola vs. Deck: The Rules are Different

It is critical to understand that the rules for a roof (pergola) and a floor (deck) are different.

While a pergola is judged mostly on area size, sydney decking rules are focused on privacy.

• The 600mm Rule: If your deck floor is more than 600mm above ground level, it is almost never exempt. This is because a high deck allows you to overlook your neighbour’s backyard.
• Low-Level Decks: If your deck is low to the ground (under 600mm) and under 25m², it often falls under exempt development.

This is why many of our clients choose a “Low-Level Composite Deck” combined with a standard pergola—it maximizes space without triggering a DA.

When Do You Need a Complying Development Certificate (CDC)?

What if you want a deck that is bigger than 25m²?

You might not need a full Council DA. Instead, you can apply for a Complying Development Certificate (CDC). This is a “fast-track” approval process handled by a private certifier rather than the local council.

• Speed: A CDC can often be approved in 10–20 days.
• Certainty: As long as your plans meet the code, the certifier must approve it.

As professional deck builders, we can design your project specifically to meet CDC requirements, saving you months of waiting.

The “Heritage” Trap

There is one major exception to these rules. If your home is listed as a Heritage Item or is located in a Heritage Conservation Area (common in suburbs like Mosman, Paddington, Haberfield, or parts of the Inner West), the “Exempt” rules often do not apply.

In these areas, even a small pergola might require council permission to ensure it matches the character of the neighbourhood.

Why You Shouldn’t “Risk It”

We occasionally hear stories of homeowners building illegal structures hoping “no one notices.”

This is a dangerous gamble.

1. Fines: Councils can issue heavy on-the-spot fines.
2. Demolition Orders: You may be forced to tear the structure down at your own cost.
3. Resale Issues: When you sell your house, the buyer’s conveyancer will ask for the approval documents. An illegal deck can ruin a property sale.

Summary: Can You Build?

Don’t let the paperwork scare you off your dream backyard.

• Under 25m² and low height? Likely Exempt (Build now).
• Larger or higher? Likely CDC (Fast approval).
• Heritage area? Needs Council check.

Start Your Project the Right Way

Unsure if your project is exempt? Don’t guess.

Contact Sydney Decking Solutions today. We are more than just carpenters; we are complete project managers. We can assess your site, advise on the best approval path, and build your dream outdoor space legally and beautifully.

Book a Free Site Assessment