EXEMPT AND COMPLYING DEVELOPMENT

Any work that is carried out on a property is called development.  This might include installing a cubby house for the kids, putting in a swimming pool, renovating the kitchen, or building a house.  Some development requires approval, and some does not.  There are policies which determine which development can be carried out as exempt development, as complying development and that which reqiures a standard development approval.

So what is exempt development?  Exempt development is development that does not require an approval in order to install or construct it.  This means that you do not need to submit plans, specifications or statements to Council or any other body.  There are conditions and requirements that must be met in order to carry out a development as exempt development.  A checklist for exempt development can be found at the bottom of this page.

Complying development is development that meets a set of basic requirements and conditions, but is of a size or impact that requires Council or a private certifying authority to check and make sure that all the requirements and conditions are going to be met.  Complying development does require an application which includes plans, specifications and a copy of the relevant checklist.  The checklists for complying development can be found at the bottom of this page.

Development which requires a standard development application is for any development that does not meet the conditions and requirements for either exempt development or complying development.  This requires an application to Council which presents the development based on its merits.  A development application must include plans, specifications and a statement of environmental effects.  More information on standard development applications can be found under the Development Approval Process page on Council's website.

It should be noted that some types of development are prohibited in certain land zones.  Information on prohibited development can be found in the Maitland Local Environmental Plan, 1993.

So where do the conditions and requirements for exempt development and complying development come from? State Environmental Planning Policies (SEPP's) are policies made under the Environmental Planning and Assessment Act, 1979.  On 27th February 2009, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 came into force.  This policy specifies the requirements and conditions for exempt development and complying development.  Prior to this date, State Environmental Planning Policy No. 60 (Exempt and Complying Development) specified the requirements and conditions that needed to be met.  To ease the transfer from the old SEPP to the new SEPP, a period of 1 year from 27th February 2009 (expires 28th February 2010) has been provided, during which development may be assessed against either the new SEPP, or the old SEPP.  It is important to note that the development must comply wholly with the requirements and conditions of at least one of the SEPP's.  Checklists for both sets of legislation can be found at the bottom of this page.

To avoid confusion, any complying development application lodged must indicate under which SEPP it is being applied for.  A standard tick box form can be found at the bottom of this page.

Exempt Development Checklists

Exempt development under SEPP (Exempt and Complying Codes) 2008   - new policy (PDF - 187kb)
Exempt development under SEPP No. 60 (Exempt and Complying Development) - old policy (PDF - 46kb)

Complying Development Checklists

Complying development nominations sheet (PDF - 86.4kb)
Complying development General requirements under SEPP (Exempt and Compying Codes) 2008 - new policy (PDF - 90kb)
Complying development Type A requirements under SEPP (Exempt and Compying Codes) 2008 - new policy (PDF - 125kb)
Complying development Type B requirements under SEPP (Exempt and Compying Codes) 2008 - new policy (PDF - 125kb)
Complying development Type C requirements under SEPP (Exempt and Compying Codes) 2008 - new policy (PDF - 125kb)
Complying development Type D requirements under SEPP (Exempt and Compying Codes) 2008 - new policy (PDF - 125kb)
Complying development under SEPP No. 60 (Exempt and Compying Development) - old policy (PDF - 67kb)