Certain minor building renovations or works are categorised as 'exempt development', meaning they do not require planning approval.
All exempt developments must still meet the National Construction Code (NCC) as well as the requirements for adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licenses, permits and authorities.
Some carports can be installed without council approval; however it is important that you clearly understand if the proposed carport meets ALL exempt development criteria before commencing.
Please note: If you construct a carport that required approval without obtaining approval, it will be considered 'unauthorised construction', which can be costly and may result in a demolition order.
In order to construct a carport without council permission, the following controls should be considered:
- the site must not be a heritage item or a draft heritage item, or in a foreshore area or in an environmentally sensitive area.
- the carport must be located at least 1m behind the building line of any road frontage
- the roof of the development must be located at least 500mm from each lot boundary
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (referred to as the 'Codes SEPP') contains additional criteria that must be met to satisfy exempt development criteria:
The NSW Government has more information on exempt development on the NSW Planning Portal.
If the proposal doesn't qualify as exempt development, you may be able to apply through 'complying development' or a 'Development Application' (DA) – see below for more information.