Exempt and Complying Development

Exempt and Complying Development

Minor and small scale development often does not require development assessment by Council.

Exempt Development

Exempt development is minor development that has minimal environmental impact on neighbourhood amenity and therefore does not require consent. Types of exempt development include aerials, barbeques, gazebos and minor building alterations.

For development to be considered exempt development it must satisfy prescribed standards.

Both the State Government and Council have rules for exempt development. These are contained in the:

It is the responsibility of the owner or applicant to ensure that the proposed development satisfies all of the relevant requirements of the State policies or KLEP 2012.

Complying Development

Complying development is small-scale, low impact development that may be carried out in accordance with a Complying Development Certificate (CDC) issued by Council or an accredited private certifier. Similar to exempt development, for a CDC to be issued, the development must satisfy prescribed standards.

Complying development applications must be determined within a statutory timeframe of ten (10) days.

Complying development requirements are contained within the:

Kogarah Local Environmental Plan 2012 does not contain separate complying development provisions.

As with exempt development, it is the responsibility of the owner or applicant to ensure that the proposed development satisfies all of the requirements stipulated under the State policies. Council and accredited certifiers have no discretionary authority to vary or alter standards when it comes to complying development.

Electronic Housing Code (EHC)

The Electronic Housing Code (EHC) is an online system that enables the end user to:

  • Investigate the exempt and complying development options available on an individual lot.
  • Provide guidance on the preparation of a complying development application and required documentation.
  • Generate an exempt or complying development report.

The Electronic Housing Code (EHC) is an online system that allows users to determine whether proposed developments fall under exempt or complying development, as set out in the State Environmental Planning Policy (Exempt and Complying Codes) 2008.

Use The EHC

More information