UNDERSTANDING PLANNING APPROVALS IN CANBERRA.
Building a Shed, Carport, Deck, or Pergola in Canberra
Many Canberra homeowners wonder about the planning requirements for adding a new shed, carport, deck, or pergola to their property. The short answer is: yes, you do need to meet the planning rules of the ACT. Even if your project is "DA Exempt," this is a misleading term that can lead to costly mistakes.
Understanding "DA Exempt" and the ACT Planning Framework
DA stands for Development Approval. While many small projects can be considered "DA Exempt," this does not mean they are free from all regulations. Instead, it means the project meets a specific set of prescribed planning rules, and therefore doesn't require a formal Development Application.
However, if a project does not meet even one of these rules, a DA is required. The specific rules are detailed in the ACT Planning (Exempt Development) Regulation. This document, which is updated regularly, contains the criteria your project must satisfy to be considered DA Exempt. While the core rules can appear straightforward, the "fine print" often includes critical, easily overlooked requirements.
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For example, your project may require clearances or specific approvals related to:
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Utility Providers: Your plans may need to be signed off by utility providers to ensure no services (gas, water, electricity, etc.) are impacted.
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Heritage Areas: If your property is in a heritage area, you will need prior sign-off from the Heritage Council.
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Tree Protection: A protected tree on your property or a neighbor's property may require sign-off from the Tree Protection Unit.
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Easements and Setbacks: You must comply with specific rules regarding setbacks from powerlines, easements, and other infrastructure like sewer or stormwater pipes. This may even require special construction methods, such as piers in your slab, to avoid damage.
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The Correct Process for Building in the ACT
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To ensure your project is compliant and to avoid future headaches, the correct and most effective process is:
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Engage a Building Designer: A professional building designer can provide expert advice and ensure your project meets all relevant planning and building regulations from the outset.
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Prepare Necessary Plans: Have your building designer create a detailed set of plans that comply with the ACT's regulations.
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Obtain Necessary Clearances: Your building designer can assist you with applying for and obtaining clearances from utility providers, the Heritage Council, or the Tree Protection Unit as required.
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Engage a Certifier: A qualified building certifier will review your plans against all relevant rules and regulations.
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Secure an Exemption Assessment D Notice: The certifier will issue an Exemption Assessment D Notice and lodge your plans with the Planning Department, formalizing the approval of your project.
By following this professional process, you can have confidence that your new structure is legally compliant, safe, and will not cause issues down the road.
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Internal Alterations:
A Guide to Building and Planning Approvals in the ACT
Many homeowners in the ACT are unsure whether their internal renovation projects require formal approval. The short answer is: yes, almost all internal remodels must comply with the ACT's planning and building regulations, even if they are considered minor. The key is to understand the rules to avoid costly mistakes.​
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Understanding Approvals for Internal Alterations
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Even seemingly minor internal work—such as moving a wall or adding a new bathroom—can have significant legal implications if the correct approvals are not obtained. The rules governing these projects are outlined primarily in the Building Act 2004 and the Building (General) Regulation 2008, as well as the National Construction Code (NCC).
While some works may not require a full Development Application (DA), they will almost always need a Building Approval. Here are some of the most common and easily overlooked pitfalls of self-assessing these rules:
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Change of Building Classification: Converting a garage into a habitable room (e.g., a bedroom, living room, or study) is not considered minor work. This project involves changing the building's classification from a non-habitable Class 10a to a habitable Class 1a building, which requires a formal building approval and a full review against the NCC standards.
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Liveable Housing Provisions: Adding a new bathroom or ensuite, or making other significant changes to wet areas, can trigger the new Liveable Housing Provisions of the NCC. These provisions, which came into effect on May 1, 2024, introduce new requirements for accessibility and ease of use, and your project must be assessed for compliance.
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Structural Modifications: Any work that involves altering load-bearing walls, foundations, or roof structures will require a structural engineer's assessment and formal approval.
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The Professional Process for a Compliant Internal Remodel
To navigate the complexities of ACT regulations and ensure your project is compliant from the beginning, we recommend a professional approach:
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Engage a Building Designer: A qualified building designer can provide expert advice and help you understand how the planning and building rules apply to your specific project.
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Develop Detailed Plans: Your building designer will work with you to prepare comprehensive plans that comply with all relevant regulations.
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Assess Structural and Engineering Needs: If your project involves structural changes, an engineer must be engaged to assess the impact and provide certified drawings.
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Appoint a Building Certifier: A private building certifier is the only party authorized to review your plans against the NCC and the ACT's specific building regulations.
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Obtain a Building Approval: The certifier will issue the necessary approvals and ensure all documentation is lodged with the Planning Directorate, giving you the legal green light to begin construction.
By following these steps, you can have confidence that your renovation is safe, legal, and will provide you with peace of mind.
Retrospective Approvals for works already undertaken
Yes - it may be possible to get retrospective approval for work that has already been undertaken. The proviso is that it needs to meet the current rules NOT THE RULES of the time when the work was done.
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The first step is to reach out to a Certifier and ask them for a preliminary assessment of your situation. They won't be able to give you binding advice as to the likelihood of approval, but they will be able to highlight whether there is anything obvious that will prevent you getting approval.
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They will then talk you through the process, but likely it will include:
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Having fresh plans drawn (this is where we can help you)
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Engaging an Engineer for an assessment and Certificate of Structural Sufficiency
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Applying for approvals from the easement owners on your block. The easement owners need to be satisfied that access to their assets has not been obstructed by the work that you are seeking approval for. And that their pipe protection envelopes have not been compromised.
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If these pre-requisites have been met, then the Certifier will lodge the information with the ACT regulator who will provide final assessment and sign off.
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