Not always. In NSW, a deck can be built without council approval as exempt development if it meets every standard in the state Codes SEPP, including a floor no more than 1 metre above ground, an area of no more than 25m², a setback of at least 900mm from each boundary in most residential zones, and a position behind the front building line. If your deck misses even one standard, or your land is excluded, you will need a complying development certificate (CDC) or a development application (DA).
The short answer
Not always. In NSW, a deck can be built without council approval as exempt development if it meets every standard in the state Codes SEPP, including a floor no more than 1 metre above ground, an area of no more than 25m², a setback of at least 900mm from each boundary in most residential zones, and a position behind the front building line. If your deck misses even one standard, or your land is excluded, you will need a complying development certificate (CDC) or a development application (DA).
The rules come from the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. People often call it the Codes SEPP. We checked the deck standards on the NSW Planning Portal on 7 October 2026. Rules can change, so check the current version before you build.
The exempt deck checklist
Your deck must meet all of these standards to be exempt. Meeting most of them is not enough.
- Size: the deck is no more than 25m² in area.
- Total on your lot: all decks, balconies, patios and similar structures together are no more than 15% of the ground floor area of your house (for lots over 300m²), or no more than 25m² (for lots of 300m² or less).
- Floor height: the floor is no more than 1 metre above existing ground level.
- Overall height: no part of the deck is more than 3 metres above existing ground level.
- Walls: any enclosing wall is no higher than 1.4 metres.
- Setbacks: the deck is at least 900mm from each lot boundary. In some rural and large-lot zones (RU1, RU2, RU3, RU4, RU6 and R5) the setback is 5 metres.
- Front yard: the deck does not sit forward of the building line of any road frontage. Corner blocks have two frontages to think about.
- Materials: metal parts are low-reflective and factory pre-coloured.
- Bushfire land: if your land is bushfire prone and the deck is less than 5 metres from the house, it is built from non-combustible material.
- Heritage: in a heritage conservation area, the deck is behind the building line. Exempt work cannot be done on a State Heritage Register item or land under an interim heritage order.
- Building standards: the deck is structurally adequate and meets the Building Code of Australia.
What exempt does and does not mean
Exempt means you do not need planning or building approval. It does not mean anything goes. The deck must still be safe, built to the Building Code of Australia and installed to the product maker's instructions.
Your land also matters. NSW Planning says exempt development cannot happen on heritage-listed items or environmentally sensitive land. A planning certificate from your council (called a section 10.7 certificate) lists the planning controls on your lot. It is a good first step if you are not sure.
Also check what is under the ground. A free Before You Dig Australia (BYDA) enquiry shows many underground services. If the deck will sit over or near a sewer pipe, ask Sydney Water about its rules for building near its assets before you dig footings.
Common reasons a deck is not exempt
These are the issues that most often push a deck out of the exempt pathway:
- A sloping block, where the far edge of the deck ends up more than 1 metre above the ground.
- A deck in the front yard, or forward of the house on a corner block.
- A deck built close to a side or rear fence.
- A larger entertaining deck over 25m², or several decks that together pass the limit for your lot.
- Adding a roof or pergola. Roofed structures have their own standards, so check them as well.
- Heritage, bushfire or other land controls on your property.
If your deck is not exempt: CDC or DA
A complying development certificate (CDC) is a combined planning and building approval. A council or a registered certifier can issue it. NSW Planning says standard complying development can be decided in up to 20 days, and neighbours are notified before approval. For a deck attached to a house, the Housing Code in the Codes SEPP sets the standards.
If the deck cannot meet the CDC standards either, you will need a development application (DA) to your council. A DA is assessed on its merits. It usually takes longer and may need more drawings and reports.
A certifier or your council can tell you which pathway fits. Do not rely on a neighbour's deck as proof that yours is allowed. Their deck may have been approved, or built under older rules.
Safety and structure still matter
A deck is a structure that people stand on. Footings, bearers, joists and fixings all need to suit the load and the soil. For a high deck, a deck on a steep slope, or a deck fixed to the house, ask whether a structural engineer should design or check the frame.
Barriers are a common question. The National Construction Code generally requires a balustrade where people could fall more than 1 metre. Even a deck that is exempt can sit close to that height on a sloping site, so ask your builder how the barrier rules apply to your design.
Ask how the deck will drain and how it will connect to the house. Poor flashing where a deck meets a wall can let water into the home.
Licences, contracts and insurance in NSW
These rules apply whether or not your deck needs approval.
- Licence: a contractor licence is needed for residential building work over $5,000 in labour and materials (including GST). Check the licence on the Service NSW website before you sign.
- Written contract: required for work over $5,000 (including GST). Larger jobs over $20,000 need a more detailed contract and include a five clear business day cooling-off period.
- Deposit: the most you can be asked to pay up front is 10%.
- Insurance: for work over $20,000, the builder must give you a Home Building Compensation (HBC) certificate before taking any money, including a deposit.
Some articles still quote other contract thresholds. We checked the NSW Government contracts page, updated April 2026, which states the $5,000 and $20,000 figures above.
Questions to ask your deck builder
- Does my deck meet every exempt standard, or will it need a CDC or DA?
- Who will check the approval pathway, and will you put that in writing?
- What is your contractor licence number, and does it cover this work?
- Who designs the footings and frame? Is an engineer needed?
- Does the price include footings, stairs, balustrades, flashing, finishing and waste removal?
- How will you check for underground pipes and cables?
- What warranties come with the materials and your workmanship?
Plan your deck with the right trade
If you are planning a new deck or a replacement, you can describe your job to MyTradeCrew. Tell us the size, height, slope and how you want to use the space. We will try to match you with vetted, licensed and insured local deck builders who can look at your site and give you a written quote.
Frequently asked questions
Can I build a deck without council approval in NSW?
Yes, if the deck meets every exempt development standard in the Codes SEPP. Key limits include a maximum area of 25m², a floor no more than 1 metre above ground, a 900mm setback from boundaries in most residential zones, and a position behind the front building line. If any standard is not met, you need a CDC or DA.
How high can a deck be without approval in NSW?
For exempt development, the deck floor can be no more than 1 metre above existing ground level, and no part of the deck can be more than 3 metres above existing ground level. On a sloping block, measure from the lowest point under the deck, not just near the house.
How close to the boundary can I build a deck in NSW?
An exempt deck must be at least 900mm from each lot boundary in most residential zones. In zones RU1, RU2, RU3, RU4, RU6 and R5, the setback is 5 metres. Closer decks need a CDC or DA.
Do I need approval to replace an old deck?
Treat a replacement as new work. If the new deck meets all the exempt standards, it can go ahead without approval. If it does not, an approval for the old deck may not cover the new one. Check with a certifier or your council before you start.
What happens if I build a deck without the right approval?
Your council can take compliance action. This may include orders to change or remove the work. Unapproved structures can also cause delays when you sell. It is cheaper to check the pathway before you build.
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