Do I Need Council Approval to Build a Shed in NSW?

21 December 2024

Shed Regulations NSW

Adding a shed to your property in New South Wales can be a fantastic way to create extra space, whether you need a garden shed, storage, or a workshop. But before you break ground, you need to know whether or not your shed design might require council approval - something that is easily overlooked in the excitement!

New South Wales has specific regulations governing shed construction to ensure compliance with local council requirements, fire safety measures, and environmental impact guidelines. And, while it may feel quite daunting to have to deal with these things, it's often easier than you might think. Here, we're going to explore the process of obtaining a building permit, look at when a project falls under exempt development, and everything else you need to know to make sure your shed build goes as smoothly as possible.

Do I Need to Apply for Planning Permission to Build a Shed in New South Wales?

First things first, let's look at whether or not you actually need planning permission for your project. The need for council approval depends on the size, location, and purpose of your new shed. In many cases, a garden shed or other detached structure can qualify as an "exempt development" under NSW legislation, and this means that you may not need a development application or complying development certificate as long as your shed meets certain criteria.

But what are these criteria? Well, to avoid needing a building permit, the shed must:

• Be no larger than 20 square metres in floor area for residential zones.

• Be less than three metres high or 2.4 metres if built close to a boundary.

• Be located behind the building line and adhere to setback requirements.

• Use non-combustible materials in the areas classified as bushfire-prone land.

• Be an only detached structure that is separate from the main building.

If your property is withing a heritage area or fire prone area, such as zones monitored by the Mid Western Regional Council or Ryde Council City, the shed may require a complying development certificate even if it meets the general exemption rules. Similarly, registered easements, proximity to the road frontage, and location with rural zones (e.g., RU1, RU2, RU3, RU4) can influence whether or not your project needs approval.

Disclaimer: This information is provided for general use only, and is not intended as a guarantee of current regulations. Please review all regulations independent of the following information, or contact your local Fair Dinkum Builds store to confirm exact requirements.

What Are the Consequences of Building a Shed Without Council Approval in NSW?

Skipping the approval process for a shed that requires one can lead to some serious repercussions. These include.

Fines and Demolition Orders

Councils, such as Young Shire Council, Narrandera Shire Council, or Hurstville City Council, may impose fines, sometimes amounting to thousands of dollars if a shed is built without approval. In extreme cases, councils may also issue a demolition order, forcing you to remove the shed from your property entirely.

Insurance and Liability Risks

Building a shed without a complying development certificate or necessary approvals can void your home insurance policy. For example, if the shed is made of fire-prone materials and contributes to damage in a fire-prone area, your insurer may reject any related claims.

Property Value and Resale Issues

When selling your property, unauthorised sheds or other non-habitable buildings can deter buyers, as legal proof of compliance with local regulations is often required during property transactions.

What Steps Do I Need to Take to Get a Building Permit for a Shed in NSW?

To avoid the negative impacts detailed above, you need to make sure your shed complies with all development approval requirements before beginning construction. And, for shed sizes or locations that don't qualify as exempt developments, you'll need to follow this approval process for a building permit:

Step 1: Develop and Submit a Detailed Shed Plan

The first step is to prepare a detailed shed plan. This plan should include the dimensions, roof area, and proposed location of the shed on your property. It should also clearly indicate its position in relation to the front setback line, boundaries, and other structures on the block. You'll need to specify the building materials to be used, too, particularly if the shed will be in a fire-prone area, as non-combustible materials may be required.

Step 2: Provide a Purpose Statement for the Shed (what will it be used for)

As part of your plan, you'll need to provide a purpose statement. This should clearly define what you're intending to use the shed for, whether its garden tool storage or for housing large agricultural equipment. This step ensures that the shed is classified correctly as a non-habitable building and verifies compliance with zoning laws.

Step 3: Check Environmental and Fire Safety Requirements

Environmental and fire safety measures need to be considered as well, and these may include using fire-resistant building materials, positioning the shed away from vegetation and other structures, and making sure there is access for emergency services if required. This is especially important for properties under councils like the Mid Western Regional Council or Yass Valley Council, which are considered bushfire prone land.

Step 4: Lodge a Building Approval Application

Once the plans and purpose are documented, you need to lodge a building approval application. This application should include all the required documentation, such as site plans, shed designs, and evidence of compliance with local regulations, including setback lines and easements. There will also be a fee to pay when you submit the application, which varies by council.

Step 5: The Building Certifier Will Assess Plans and May Conduct Site Inspections

A building certifier will now evaluate your plans to ensure they align with the Building Code of Australia and all relevant local council regulations. The certifier will also assess the shed's adherence to fire safety measures, environmental considerations, and other specific requirements. In some cases, on-site inspections may also be needed to confirm compliance.

Step 6: Building Approval is Granted if it Meets All Regulatory Requirements

If your application meets all requirements, you will receive official building approval. At this point, construction can proceed, but it is extremely important that the shed is built exactly in the approved plans, as any deviations could result in extra inspections or penalties.

Ready to start planning your new shed? Learn more about design and customisation options for sheds.

How Much Does it Cost to Apply for Council Approval to Build a Shed in NSW?

The cost of applying for council approval to build a shed in New South Wales will vary depending on the size of the structure, the complexity of the project, and the fee schedule of your local council. In general, lodgement fees range from $200 to $500, and this only covers the cost of submitting your application for review. If additional assessments, such as environmental impact reports or fire safety evaluations, are needed, you may need to pay more.

For example, sheds in bushfire-prone areas might incur costs for certifying compliance with fire safety measures. Inspection fees may also be applicable if council officers or private certifiers need to conduct site visits during or after the construction process.

To get an accurate estimate for your project, it's best to consult your local council's website or contact them directly to ask for a breakdown of their fees.

What Size Shed Can I Build Without Council Approval in NSW?

In most cases, sheds in New South Wales that meet specific criteria are classified as exempt developments, and this means they do not require council approval. However, this is only the case if your proposed shed:

• Has a floor area not exceeding 20 metres.

• Is no taller than 3 metres, or 2.4 metres if within 1 metre of a boundary.

• Is located behind the building line and complies with setback requirements.

These rules are in place to make sure the shed has minimal impact on neighbours and the surrounding environment. However, if the shed is located on environmentally sensitive land, in a heritage area, or exceeds these specified size and height limits, it will require council approval.

Also, for rural zones, different rules may apply depending on zone classifications, such as RU1, RU2, RU3, and RU4. As such, it's best to check with your local council to confirm whether your shed needs approval.

Contact Your Local Council in NSW or Get in Touch with Our Team to Get the Latest Details on Building Approvals for Sheds

While it may seem like confusing ground to navigate, understanding whether your shed requires council approval before you start building is incredibly important if you want to avoid legal and financial complications. For the best advice, contact your local council or speak with the expert team at Fair Dinkum Builds, who are experienced in NSW building regulations and will be more than happy to help make your shed building project feel a lot less complicated.

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