Do I need council approval for a deck in NSW?

Not always. Under the NSW Codes SEPP, a deck or pergola can generally be built as exempt development — no approval at all — if the area is no more than 25m², the floor is no more than 1m above existing ground level, and the highest point is no more than 3m above ground. It also has to meet setback and site-coverage rules, and the property must not be affected by controls such as heritage listing, flood or bushfire.

What happens if my deck is bigger than 25m²?

It stops being exempt development. The usual next step is a Complying Development Certificate (CDC), which is faster than a full Development Application because it is assessed against a fixed set of standards rather than on merit. If the job can't meet the CDC standards either, it goes to a DA with council.

Does a pergola count if it's attached to the house?

Attached structures are still assessable, and the roof form matters. An open-batten pergola and a roofed, guttered alfresco are treated differently because one sheds water into the stormwater system and one doesn't. The roofed version is more likely to need approval and to require stormwater connection detail.

Who is responsible for getting approval — me or the tradesperson?

Legally the property owner is the applicant, but anyone competent quoting the job should tell you which pathway applies before you sign anything, and should not start work on the assumption that it's exempt. Ask for that in writing as part of the quote.

Do you need council approval for a deck or pergola in NSW?

Usually the answer is no — and the three numbers that decide it are 25, 1 and 3. Here is how the pathway works, what pushes a job out of the exempt bracket, and what to check before you design anything.

The three numbers

Under the NSW State Environmental Planning Policy (Exempt and Complying Development Codes), a deck, patio, pergola, terrace or verandah can generally be built with no approval at all when it meets all of these:

25m²maximum floor area
1mmaximum floor height above existing ground level
3mmaximum height at the highest point above ground level

Those are the headline limits. Setbacks from boundaries, total site coverage and the structure not being built over easements or in front of the building line all apply as well.

What takes a job out of the exempt bracket

Exempt development is an all-or-nothing test. Fail one condition and the whole job needs an approval pathway. The usual causes:

Sloping sites. A deck that sits at floor level against the house can be well over 1m above ground at the low end. This is the single most common reason a job people assumed was exempt is not.
Size creep. 5m × 5m is exactly 25m². A deck at 5m × 6m is not exempt.
Roofed and guttered structures. Once it sheds water it needs stormwater consideration.
Property-level controls. Heritage listing or a heritage conservation area, flood planning, bushfire prone land, foreshore or environmentally sensitive land, or an easement under the structure.

The three pathways

Exempt development: No application, no certificate, no fee. Build it. The obligation is on you and whoever is doing the work to be certain it genuinely qualifies.
Complying Development Certificate (CDC): Assessed against fixed standards by council or a private certifier, rather than on merit. Faster and more predictable than a DA. This is where most slightly-oversized decks land.
Development Application (DA): A merit assessment by council, with notification to neighbours in most cases. Needed where the job can’t meet CDC standards, or where heritage, flood or bushfire controls apply.

Illawarra specifics worth checking first

The planning rules are state-wide, but what trips jobs up is local. In the Shellharbour City Council area:

Shellharbour: Properties close to the water are exposed to significant salt air. Galvanised fixings can corrode and stain hardwood within a season in these conditions, so we specify stainless fixings and corrosion-rated hardware as standard on decks and screens in this area.
Shell Cove: The suburb consists largely of newer housing around the marina precinct, on smaller lots with tight boundary setbacks. Estate design covenants often specify permitted materials and colours, and some exclude composite decking entirely. We recommend confirming the covenant requirements before selecting materials.
Albion Park: Albion Park combines established housing with the newer Tullimbar and Calderwood estates. The older housing stock is predominantly brick and tile on reactive clay soils, which means footings for extensions and deck posts should be designed for ground movement rather than to a standard detail.
Oak Flats: Located near Lake Illawarra, with a mix of post-war brick homes and newer infill development. Low-lying properties close to the lake may be subject to flood planning controls that affect what can be built and at what floor level. We recommend confirming these controls at the design stage rather than at lodgement.

Before design, it is worth pulling a Section 10.7 planning certificate for the property. It lists the controls that apply — flood, bushfire, heritage, contamination — and costs far less than redesigning a deck after lodgement.

The short version

Under 25m², under 1m off the ground, under 3m tall, clear of controls: build it. Anything else: find out which pathway applies before you commit to a design. Anyone quoting your job should be telling you this up front — if the quote is silent on approvals, ask why.

This is general information, not planning advice, and the Codes SEPP is amended from time to time. Confirm the current requirements with Shellharbour City Council or a private certifier for your specific property.

Questions people ask

Do I need council approval for a deck in NSW?: Not always. Under the NSW Codes SEPP, a deck or pergola can generally be built as exempt development — no approval at all — if the area is no more than 25m², the floor is no more than 1m above existing ground level, and the highest point is no more than 3m above ground. It also has to meet setback and site-coverage rules, and the property must not be affected by controls such as heritage listing, flood or bushfire.
What happens if my deck is bigger than 25m²?: It stops being exempt development. The usual next step is a Complying Development Certificate (CDC), which is faster than a full Development Application because it is assessed against a fixed set of standards rather than on merit. If the job can't meet the CDC standards either, it goes to a DA with council.
Does a pergola count if it's attached to the house?: Attached structures are still assessable, and the roof form matters. An open-batten pergola and a roofed, guttered alfresco are treated differently because one sheds water into the stormwater system and one doesn't. The roofed version is more likely to need approval and to require stormwater connection detail.
Who is responsible for getting approval — me or the tradesperson?: Legally the property owner is the applicant, but anyone competent quoting the job should tell you which pathway applies before you sign anything, and should not start work on the assumption that it's exempt. Ask for that in writing as part of the quote.

Not sure which bracket your job falls into? Send us the rough size and a photo of the area and we’ll tell you straight — 0402 873 112, or send an enquiry.