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Do I Need Council Approval for My Deck or Pergola?

Are you planning your dream outdoor living space?

If you’re planning a new alfresco outdoor space, chances are you’ve asked:

Before you get too far into design ideas, there’s one crucial question you need to answer:

Will you need council approval?

Why is this important? As this will not only change your timeframe, but more importantly your budget for your new alfresco project.

As experts who’ve helped hundreds of homeowners transform their outdoor spaces, we know that 80-90% of projects require some form of approval – either through Complying Development (CDC) or a Development Application (DA).

The most common misconception?

Many people believe they only need to check if their construction is under 25m².

This oversimplified rule has led many homeowners down an expensive path of mistakes.

The reality is there are 12 points of compliance to consider under Exempt Development, whether you’re planning a pergola or a deck. These requirements exist to ensure your outdoor space is safe, compliant, and won’t cause issues with neighbors or if you decide to sell your home in the future.

Let’s set the record straight…approximately 80 – 90% of our constructions require some kind of approval. This could be Complying Development (CDC) or a Development Application (DA).

Spacious alfresco outdoor room with tiled flooring and open dining area in Pennant Hills

Pro Tip:

Don’t start your initial concept & designs with the Exempt Development requirements. You are trying to stick a ‘square peg into a round hole’ which will lead to you not getting what you are after.
Start with what you and your family want & then work backwards from there. If it happens to meet the ‘Exempt’ criteria that’s great

Understanding Your Approval Options

Let’s break down the three main approval pathways:

  1. Exempt Development

Think of this as the ‘green light’ category. If your project ticks all the requirement boxes, you can proceed without any official council or PCA (Principal Certifying Authority) approvals. However, don’t let the word “exempt” fool you – there are still strict criteria to meet.

Key points to consider:

  • Structure size
  • Structure height
  • Distance from boundaries
  • Site coverage

In the end, we went with the people we trusted the most.

- Liz & Tim; Davidso

  1. Complying Development (CDC)

If your project doesn’t meet Exempt Development criteria, don’t worry. CDC might be your path forward. This is a fast-tracked approval process that typically takes around 10 working days through a Principal Certifying Authority (PCA) or even your Local Council.

There is no ‘grey’ within the CDC approval process – there is an extensive checklist of requirements that you need to meet in order to obtain an approval via this method.

CDC is perfect for projects that:

  • Are straightforward but exceed exempt limits
  • Need quick approval
  • Meet predetermined standards

If you have failed to meet all of the CDC requirements, this is where you then head onto the Development Application through your Local Council.

  1. Development Application (DA)

This is the most comprehensive approval pathway. Your Local Council will assess your proposed development against their Development Control Plan and policies. While it takes longer, DA approval allows for more complex or unique projects.

Why Understanding Approval Requirements Matters…

Getting it wrong can cost you:

  • Expensive modifications or demolition if built without proper approval
  • Project delays and additional expenses
  • Potential legal issues when selling your property
  • Issues with neighbor complaints

Real World Examples…

90 Day Council Approval in Hornsby

Smooth approval process and client certainty are two crucial aspects of any construction project.

Here, Adrian is on site where he shares the midway progress update of a transformation project in Hornsby.

He highlights how the Emanate & Co team was able to achieve a smooth approval process for the project, relieving the client of the hassle typically associated with obtaining council approval.

Ku-ring gai Council Approval in Wahroonga

For many homeowners, council approval can feel like a roadblock to creating their dream outdoor space. This was the case for a recent project in Wahroonga, where our client wanted a high-end alfresco outdoor room—but the approval process was highly complex, requiring Development Consent, multiple compliance checks, and strategic planning.

Luckily, we managed the entire process from start to finish, ensuring a smooth approval and a stunning final result.

💡 See how we made it happen and transformed this backyard into a dream outdoor space!

👉 Read the full case study here!

Download our free Exempt Development Checklist to ensure you’re on the right track from the start.

Don’t risk starting your project without knowing exactly what approvals you need. Download our comprehensive Exempt Development Checklist now to:

  • Save time and money
  • Avoid common approval pitfalls
  • Understand exactly what’s possible for your property

Need Expert Help?

We take care of all approval requirements for our clients. It’s part of our commitment to making your outdoor living project as smooth as possible.

Contact us today to discuss your project

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