Planning (Exempt Development) Regulation 2023 (ACT)
Planning (Exempt Development) Regulation 2023
SL2023-21
made under the
Planning Act 2023
Republication No 2
Effective: 1 January 2024
Republication date: 1 January 2024
Last amendment made by A2023‑52
About this republication
The republished law
This is a republication of the Planning (Exempt Development) Regulation 2023, made under the Planning Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Planning (Exempt Development) Regulation 2023
made under the
Planning Act 2023
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Terms defined in territory plan 2
6 Meaning of dwelling 3
Part 2 Exempt development
7 Exempt development—Act, s 145 (1), def exempt development, par (a) (ii) 4
Part 3 Exemption assessment matters
8 Approval of exemption assessment application—Act, s 151 (2) (b) 7
9 Information for exemption assessment application—Act, s 151 (2) (c) 7
10 Plans for exemption assessment application—Act, s 151 (2) (c) 8
11 Documents for exemption assessment application—Act, s 151 (2) (c) 8
12 Content of exemption assessment D notice—Act, s 152 (2) (b) (ii) 9
13 Documents for exemption assessment D notice—Act, s 152 (2) (b) (ii) 10
Part 4 Miscellaneous
14 Territory planning authority may declare development controls 12
Schedule 1 Exemptions from requirement for development approval 13
Part 1.1 Preliminary 13
1.1 Definitions—sch 1 13
1.3 Meaning of designated development—sch 1 14
1.4 Diagrams—sch 1 14
1.5 Inconsistency between territory plan provisions and this schedule 14
1.6 Exemption does not affect other territory laws 15
Part 1.2 General exemption criteria 16
1.10 General exemption criteria 16
1.11 Criterion 1—easement and other access clearances 17
1.12 Criterion 2—plumbing and drainage clearances 18
1.13 Criterion 3—heritage, tree, environment and conservation 19
1.14 Criterion 4—compliance with lease and agreement collateral to lease 20
1.15 Criterion 5—no multiple occupancy dwellings 20
1.16 Criterion 6—affected residential premises 20
1.17 Criterion 7—compliance with other applicable exemption 21
Part 1.3 Certain development proposals 22
1.18 Information about certain development proposals 22
Part 1.4 Development exempt from development approval 24
Division 1.4.1 Minor building works 24
1.20 Internal alterations of buildings 24
1.21 Installation, alteration and removal of low impact external doors and windows in buildings 25
1.22 Installation, alteration and removal of high impact external doors and windows in buildings 26
1.23 Exterior refinishing of buildings and other structures 27
1.24 Street art on buildings and other structures 29
1.25 Maintenance of buildings and other structures 30
1.26 Roof slope changes 30
1.27 Chimneys, flues and vents 31
1.28 Skylights 31
1.29 External shades 32
1.30 External cooling and water heating services 32
1.31 External photovoltaic panels 33
1.32 External batteries 34
1.33 External switchboards 35
1.34 External area lighting 35
1.35 Residential leases—driveway crossings of road verges 35
1.36 Resealing existing driveways 36
1.37 Temporary buildings and other structures 36
Division 1.4.2 Non-habitable buildings and other structures 37
Subdivision 1.4.2.1 Preliminary
1.40 Meaning of class 10a building—div 1.4.2 37
1.41 Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area 38
Subdivision 1.4.2.2 Class 10a buildings
1.42 Roofed class 10a buildings—enclosed or open on 1 side 41
1.43 Roofed class 10a buildings—unenclosed or partly open 42
1.44 Class 10a buildings—unroofed and unenclosed 44
1.45 Class 10a buildings—external decks 45
1.46 Class 10a buildings—external verandahs 46
Subdivision 1.4.2.3 Class 10b structures
1.47 Class 10b structures—plan area not more than 2m2 47
1.48 Fences and freestanding walls generally 48
1.49 Basic open space boundary fences 49
1.50 Retaining walls 50
1.51 Swimming pools 52
1.52 Dish antennas 53
1.53 Mast antennas 54
1.54 Flag poles 55
Subdivision 1.4.2.4 Other structures
1.55 Water tanks 56
1.56 External ponds 56
1.57 Animal enclosures 56
1.58 Clothes lines 57
1.59 Shipping containers 58
Division 1.4.3 Signs 59
1.60 Public works signs excluded—div 1.4.3 59
1.61 Signs attached etc to buildings, other structures and land 59
1.62 Moveable signs on public unleased land 60
1.63 Temporary signs 61
1.64 Signs—information about future urban areas 61
1.65 Signs—required under Building Act 2004 62
Division 1.4.4 Community gardens 62
1.70 Application—div 1.4.4 62
1.71 Definitions—div 1.4.4 63
1.72 Community gardens—class 10a building 65
1.73 Community gardens—class 10b structures 66
1.74 Community gardens—boundary clearance area 67
1.75 Community gardens—water tanks 68
1.76 Community gardens—ponds 69
1.77 Community gardens—shade structures 69
Division 1.4.5 Outdoor eating or drinking places 69
1.80 Application—div 1.4.5 69
1.81 Meaning of outdoor eating or drinking place—div 1.4.5 70
1.82 Outdoor eating or drinking places—removable objects 70
Division 1.4.6 Rural leases 71
1.85 Rural lease development generally 71
1.86 Consolidation of rural leases 72
Division 1.4.7 Territory development 72
1.90 Public works 72
1.91 Public artworks 75
1.92 Plantation forestry 77
1.93 Waterway protection work 77
1.94 Emergencies affecting public health or safety or property 78
1.95 Temporary flood mitigation measures 78
Division 1.4.8 Schools 79
Subdivision 1.4.8.1 Preliminary
1.100 Application—div 1.4.8 79
1.101 Definitions—div 1.4.8 79
1.102 Meaning of existing school—div 1.4.8 80
1.103 Disapplication of criterion 7—div 1.4.8 81
1.104 Additional exemption criterion—bushfire prone areas 81
1.105 Activities not development 82
Subdivision 1.4.8.2 Exemptions—schools
1.106 Schools—new buildings or alterations to buildings 82
1.107 Schools—entrances 83
1.108 Schools—verandahs etc 84
1.109 Schools—signs 84
1.110 Schools—artwork on buildings or other structures 85
1.111 Schools—playground and exercise equipment 86
1.112 Schools—fences 86
1.113 Schools—shade structures 87
1.114 Schools—covered external walkways 88
1.115 Schools—flag poles 88
1.116 Schools—water tanks 89
1.117 Schools—landscape gardening 89
1.118 Schools—car parks 90
1.119 Schools—bicycle enclosures 90
1.120 Schools—toilet and change room facilities 90
1.121 Schools—driveways 91
1.122 Schools—security cameras 91
1.123 Schools—external lighting 91
1.124 Schools—demountable and transportable buildings 91
1.125 Schools—class 10b structures 91
Division 1.4.9 Other exemptions 92
1.130 Compliant single dwellings 92
1.131 Single dwellings where declaration authorises minor non‑compliance 93
1.132 Single dwellings—demolition 96
1.133 Buildings and other structures—demolition 96
1.134 Rebuilding damaged buildings and other structures 97
1.135 Affected residential premises—work essential for health, safety or reasonable living conditions 101
1.136 Home businesses conducted from residential leases 101
1.137 Tree damaging etc activity 102
1.138 Landscape gardening 103
1.139 Utility and telecommunications services 105
1.140 Electric-powered vehicle charging points 109
1.141 Bores 111
1.142 Works under Water Resources Act by non-territory entities 111
1.143 Temporary use of land for emergency services training etc 111
1.144 Subdivisions—Unit Titles Act 2001 113
1.145 Designated areas—development not involving lease variations 113
Part 1.5 Permitted open space boundary fence colours 114
Part 1.6 Tables of exempt signs 117
Schedule 2 Permitted construction tolerances 122
Part 2.1 Interpretation—sch 2 122
2.1 Definitions—sch 2 122
Part 2.2 Permitted construction tolerances 122
2.2 Horizontal siting tolerances for buildings and other structures 122
2.3 Height tolerances for buildings and other structures 124
Dictionary127
Endnotes
1 About the endnotes 132
2 Abbreviation key 132
3 Legislation history 133
4 Amendment history 133
5 Earlier republications 134
Planning (Exempt Development) Regulation 2023
made under the
Planning Act 2023
Part 1Preliminary
Name of regulation
This regulation is the Planning (Exempt Development) Regulation 2023.
Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘surface water—see the Water Resources Act 2007, section 8.’ means that the term ‘surface water’ is defined in section 8 of that Act and the definition applies to this regulation.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this regulation is explanatory and is not part of this regulation.
Terms defined in territory plan
A term defined in the territory plan as in force from time to time has the same meaning in this regulation.
Meaning of dwelling
(1)In this regulation:
dwelling—
(a)means a class 1 building, or a self‑contained part of a class 2 building, that—
(i)includes the following that are accessible from within the building, or the self‑contained part of the building:
(A)at least 1 but not more than 2 kitchens;
(B)at least 1 bath or shower;
(C)at least 1 toilet pan; and
(ii)does not have access from another building that is either a class 1 building or the self‑contained part of a class 2 building; and
(b)includes any ancillary parts of the building and any class 10a buildings associated with the building.
(2)In this section:
kitchen does not include outdoor cooking facilities or a barbeque in an enclosed garden room.
Part 2Exempt development
Exempt development—Act, s 145 (1), def exempt development, par (a) (ii)
(1)The following development is exempt from requiring development approval:
(a)development that complies with schedule 1 (Exemptions from requirement for development approval);
(b)development that would comply with schedule 1 apart from a permitted construction tolerance;
(c)development that changes development that is exempt under this subsection if—
(i)the development has not been completed; and
(ii)the change would not need development approval if it were made after completion of the development;
(d)development that changes development that is exempt under this subsection if—
(i)the development has not been completed; and
(ii)the change consists of adding exempt development to the development;
(e)development that can be notionally separated into components, each of which is exempt development (composite development).
Example—composite development
Development consists of a dwelling with a garage, windows, doors, chimney and an aerial (the components). As each of the components is exempt development, the composite development is exempt development.
(2)Also, development is exempt from requiring development approval if—
(a)it changes development covered by an existing development approval; and
(b)the change—
(i)is a permitted construction tolerance; or
(ii)would not need development approval if it were made after completion of the development; or
(iii)consists of adding exempt development to the development.
Example—s (1) (c) and s (2) (b) (ii)
Construction of a dwelling that is exempt development is in progress. The developer wishes to change the slope of the roof by less than 5° (see sch 1, s 1.26). The developer may construct the dwelling with the changed roof slope without seeking approval for the change.
Example—s (1) (d) and s (2) (b) (iii)
Construction of a dwelling that is exempt development is in progress. The developer wishes to incorporate a skylight that complies with the conditions in sch 1, s 1.28, and so is exempt development. The developer may construct the dwelling with the skylight without seeking approval for the skylight.
(3)However, subsection (1) (c), (d) and (e) and subsection (2) (b) (ii) and (iii) do not apply in relation to development if the change or composite development results in non‑compliance with 1 or more of the following:
(a)schedule 1, section 1.15 (Criterion 5—no multiple occupancy dwellings);
(b)the requirement under schedule 1, section 1.41 (Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area) that there be not more than 2 exempt class 10 buildings in a boundary clearance area in conjunction with schedule 1, section 1.17 (Criterion 7—compliance with other applicable exemption);
(c)the requirement under schedule 1, section 1.130 (Compliant single dwellings) that there be not more than 1 dwelling on a block.
(4)In this section:
designated development, in relation to land—see schedule 1, section 1.3.
permitted construction tolerance means development—
(a)that consists only of a matter to which schedule 2 (Permitted construction tolerances) applies; and
(b)that complies with the criteria for the matter in schedule 2; and
(c)if the development is designated development—complies with the general exemption criteria that are applicable to the development (except to the extent that a development approval allows the development to not comply with the criteria).
Note 1For other exemptions, see the Act, s 147 (Exempt development—authorised use).
Note 2Development that is significant development cannot be exempt development (see Act, s 145 (2) (a)) and development approval must be obtained. For provisions about development approval, see the Act, pt 7.6.
Note 3Under the Act, s 145 (2) (b), exempt development does not include development that is inconsistent with an essential design element identified in a development approval.
Note 4The development may still need building approval, or further building approval, under the Building Act 2004.
Note 5The development must also comply with the lease for the land on which it is carried out.
Part 3Exemption assessment matters
Approval of exemption assessment application—Act, s 151 (2) (b)
If an application for an exemption assessment is made by someone other than the lessee of the land to which the exemption assessment relates, the application must be approved, in writing, by the following:
(a)if the land to which the application relates is subject to a lease—the lessee of the land;
(b)if the land to which the application relates is public land or unleased land—the custodian for the land;
(c)in any other case—the territory planning authority.
Information for exemption assessment application—Act, s 151 (2) (c)
The following information is prescribed:
(a)in relation to the parcel—
(i)the block and section number and division; and
(ii)the street name and number; and
(iii)if the land is under a land sublease—the sublease plan number;
(b)in relation to the applicant—
(i)the applicant’s name; and
(ii)if the applicant is a company registered under the Corporations Act—the ACN for the company under that Act; and
(iii)the applicant’s contact details;
(c)a brief description of the development;
(d)whether the development has been carried out and, if so, the start and completion dates of the development.
Plans for exemption assessment application—Act, s 151 (2) (c)
The following plans are prescribed:
(a)one copy of the plans for the development in electronic form;
(b)if the person to whom the application is made asks for paper copies of the plans—3 copies.
Documents for exemption assessment application—Act, s 151 (2) (c)
(1)This section applies if an application is made for an exemption assessment relating to a development proposal to which schedule 1, section 1.18 (Information about certain development proposals) applies.
(2)The following documents are prescribed:
(a)a written notice that schedule 1, section 1.18 has been complied with;
(b)a copy of the written information given under schedule 1, section 1.18.
Example—written notice
a copy of any form prepared for sch 1, s 1.18 and a statement about how and when it was given
Content of exemption assessment D notice—Act, s 152 (2) (b) (ii)
The following details are prescribed:
(a)a summary of the information used by the exemption assessor for the exemption assessment;
(b)if the exemption assessor concludes that the development is an exempt development—
(i)whether the development is exempt from requiring development approval under section 7 or the Act, section 147 (Exempt development—authorised use); and
(ii)for development exempt from requiring development approval under section 7—
(A)any other provision of this regulation relied on by the exemption assessor to conclude that the development is an exempt development; and
(B)if any provision of this regulation applies a provision of the territory plan in relation to the development—information identifying the relevant territory plan provision; and
(C)a statement that the provision is satisfied;
(c)the exemption assessor’s name, endorsement and licence number;
(d)the date of the notice;
(e)if the development has already been carried out—the start and completion dates of the development.
Documents for exemption assessment D notice—Act, s 152 (2) (b) (ii)
(1)The following documents are prescribed:
(a)a copy of any plans used by the exemption assessor for the exemption assessment;
(b)if the exemption assessor concludes that a single dwelling is exempt under schedule 1, section 1.130 (Compliant single dwellings)—a copy of the survey certificate used by the exemption assessor for the exemption assessment.
(2)If the exemption assessor concludes that the development is an exempt development—
(a)the exemption assessor must endorse, date and mark the exemption assessor’s licence number on each page of the plans; and
(b)the exemption must be marked on, or attached to, or partly marked on or partly attached to, each page of the plans.
(3)However, if it is impractical to meet the requirement mentioned in subsection (2) (b) because of the size of the plans, the exemption assessor may instead indicate on each page of the plans that details of the exemption are in the exemption assessment D notice.
(4)Each page of a document attached to an exemption assessment D notice—
(a)if it is the only document attached—must be paginated with reference to the total number of pages in the document; or
(b)if more than 1 document is attached—must be paginated consecutively with reference to the combined total number of pages in the documents.
Example—par (b)
An exemption assessment D notice has 3 attached documents that total 25 pages when combined. Each page of the attachments, starting from the first page, is numbered as ‘page 1 of 25’, ‘page 2 of 25’ and so on, until the last page of the final attachment which is numbered ‘page 25 of 25’.
Part 4Miscellaneous
Territory planning authority may declare development controls
(1)The territory planning authority may declare, for this regulation, a control (a development control) for the following:
(a)the development of single dwelling housing in residential zones (residential zones—single dwelling housing development control);
(b)the design, content and positioning of signs (signs development control);
(c)fire safety requirements in relation to designated development for electric-powered vehicle charging points (EV charging points—fire safety development control).
(2)A declaration is a notifiable instrument.
(3)In this section:
designated development, in relation to land—see schedule 1, section 1.3.
Schedule 1Exemptions from requirement for development approval
(see s 7)
Part 1.1Preliminary
1.1Definitions—sch 1
In this schedule:
affected residential premises—see the Dangerous Substances Act 2004, section 47I.
built-up urban area—see the Urban Forest Act 2023, section 8.
clearing native vegetation—see the Nature Conservation Act 2014, section 234.
designated development, in relation to land—see section 1.3.
existing school campus means the grounds, including the boundary, of an existing school.
native vegetation, for an area,—see the Nature Conservation Act 2014, section 232.
native vegetation area—see the Nature Conservation Act 2014, section 233.
open space boundary—see the Act, section 516 (3).
party wall—see the Common Boundaries Act 1981, section 27.
public unleased land—see the Public Unleased Land Act 2013, section 8.
1.3Meaning of designated development—sch 1
In this schedule:
designated development, in relation to land, means—
(a)building, altering or demolishing a building or other structure on the land; or
(b)carrying out earthworks or other construction work on or under the land; or
(c)carrying out work that would affect the landscape of the land.
1.4Diagrams—sch 1
A diagram of something in this schedule is an illustrative example of the thing, but does not represent its dimensions or the dimensions of any part of it (or its comparative size in relation to something else).
NoteA diagram in this regulation is part of the regulation (see Legislation Act, s 126 (4)).
1.5Inconsistency between territory plan provisions and this schedule
(1)This section applies if this schedule—
(a)applies to development; and
(b)applies a territory plan provision in relation to the development; and
(c)is inconsistent with the territory plan provision.
(2)This schedule prevails over the territory plan provision to the extent of the inconsistency.
1.6Exemption does not affect other territory laws
(1)An exemption under this schedule in relation to development does not affect the operation of any other territory law relating to land use or the provision of services for the development.
Examples—laws not affected
· Building Act 2004
· Electricity Safety Act 1971
· Scaffolding and Lifts Act 1912
· Utilities Act 2000
· Water and Sewerage Act 2000
(2)To remove any doubt, the following provisions of this schedule do not limit the operation of subsection (1):
(a)section 1.13 (Criterion 3—heritage, tree, environment and conservation);
(b)section 1.14 (Criterion 4—compliance with lease and agreement collateral to lease).
Part 1.2General exemption criteria
1.10General exemption criteria
(1)Development mentioned in part 1.4 (Development exempt from development approval) is exempt from requiring development approval if it meets each of the following criteria (the general exemption criteria):
(a)section 1.11 (Criterion 1—easement and other access clearances);
(b)section 1.12 (Criterion 2—plumbing and drainage clearances);
(c)section 1.13 (Criterion 3—heritage, tree, environment and conservation);
(d)section 1.14 (Criterion 4—compliance with lease and agreement collateral to lease);
(e)section 1.15 (Criterion 5—no multiple occupancy dwellings);
(f)section 1.16 (Criterion 6—affected residential premises);
(g)section 1.17 (Criterion 7—compliance with other applicable exemption).
(2)However, if a provision in part 1.4 provides that a criterion does not apply to the development, the development is exempt from requiring development approval despite not meeting the criterion.
Example—s (2)
Section 1.20 (2) disapplies the criterion in s 1.17. Therefore, designated development mentioned in s 1.20 (1) need not meet criterion 7 to be exempt from requiring development approval.
1.11Criterion 1—easement and other access clearances
(1)Development must not cause any part of a building or other structure to be located in—
(a)an easement or proposed easement; or
(b)a utility infrastructure access or protection space.
(2)Subsection (1) (a) does not apply if the location of a part of a building or other structure in an easement or proposed easement is agreed to, in writing, by—
(a)for an easement—
(i)the owner of the land benefited by the easement; or
(ii)the person in whose favour the easement is registered; and
(b)for a proposed easement—
(i)the person who, on registration of the easement, would be the owner of the land benefited by the easement; or
(ii)the person in whose favour the easement is proposed to be registered.
(3)Subsection (1) (b) does not apply if the location of a part of a building or other structure in a utility infrastructure access or protection space is agreed to, in writing, by the utility benefited by the utility infrastructure access or protection space.
(4)In this section:
easement means an easement registered on the land titles register.
proposed easement means a proposed easement shown on a deposited plan under the Districts Act 2002 or units plan under the Unit Titles Act 2001.
utility—see the Utilities Act 2000, dictionary.
utility infrastructure access or protection space means the space required under a utility rule—
(a)for a utility to have access to its infrastructure; or
(b)to protect or maintain clearances from utility infrastructure, for example, water supply pipes, sewerage systems, gas pipes and electricity conductors.
Examples
1 The electricity service and installation rules made under the Utilities (Technical Regulation) Act 2014 require buildings or other structures to be kept clear of power lines by a stated dimension, to protect the powerlines from damage or to protect the electricity supply from interruption.
2 The water and sewerage service and installation rules made under the Utilities (Technical Regulation) Act 2014 require access to stated utility infrastructure at the rear of a block not to be impeded by structures and an unhindered access route to the infrastructure of a stated width to be provided down at least one side of the block.
utility rule means a rule, as in force from time to time, made under a technical code, as in force from time to time, made under the Utilities (Technical Regulation) Act 2014.
NoteTechnical codes made under the Utilities (Technical Regulation) Act 2014 are accessible at Rules for the service and installation of water and sewerage are accessible at Rules for the service and installation of electricity are accessible at 2—plumbing and drainage clearances
Development must not cause a clearance for a pipe fitting opening or pipe fitting outlet to contravene AS/NZS 3500 (Plumbing and drainage set) as in force from time to time.
Example
A sewer vent must be above the surrounding surface. Development must not create a situation where surface water can flow into the vent.
NoteAS/NZS 3500 does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 523 (4) and Legislation Act, s 47 (7)). The standard may be purchased at 3—heritage, tree, environment and conservation
(1)Development must not contravene any of the following:
(a)the Environment Protection Act 1997;
(b)the Heritage Act 2004;
(c)the Nature Conservation Act 2014;
(d)the Urban Forest Act 2023.
NoteOther applicable laws must also be complied with (see s 1.6).
(2)Development must not—
(a)be located at a place or on an object included in the heritage register or under a heritage agreement; or
(b)cause any part of a building or other structure to be located at a place or on an object included in the heritage register or under a heritage agreement.
(3)Subsection (2) does not apply if the heritage council gives the territory planning authority written advice that, in the council’s opinion, the development—
(a)will not diminish the heritage significance of the place or object; or
(b)is in accordance with—
(i)heritage guidelines; or
(ii)a conservation management plan approved by the council under the Heritage Act 2004, section 61K; or
(c)is an activity described in a statement of heritage effect approved by the council under the Heritage Act 2004, section 61H.
(4)In this section:
conservation management plan—see the Heritage Act 2004, dictionary.
heritage agreement—see the Heritage Act 2004, section 99.
heritage guidelines—see the Heritage Act 2004, section 25.
heritage register—see the Heritage Act 2004, section 20.
NoteThe ACT Heritage Register is accessible at significance—see the Heritage Act 2004, section 10.
statement of heritage effect—see the Heritage Act 2004, section 61G.
1.14Criterion 4—compliance with lease and agreement collateral to lease
Development must not be inconsistent with—
(a)a provision of a lease to which the development relates; or
(b)an agreement collateral to the grant of a lease to which the development relates.
Example—par (b)
a land management agreement (see Act, s 350 (2) (a))
1.15Criterion 5—no multiple occupancy dwellings
Development must not increase the number of dwellings on a block to 2 or more dwellings.
1.16Criterion 6—affected residential premises
(1)Development must not involve affected residential premises unless the development is for the following:
(a)the demolition of an affected building on the premises, including asbestos removal related to the demolition;
(b)work essential for health, safety or reasonable living conditions at affected residential premises.
(2)The Minister may make guidelines about work mentioned in subsection (1) (b).
(3)A guideline is a notifiable instrument.
(4)In this section:
affected building—see the Dangerous Substances Act 2004, section 47I.
1.17Criterion 7—compliance with other applicable exemption
If 2 or more provisions in part 1.4 (Development exempt from development approval) apply to development, the development must comply with each applicable provision.
Examples—other provisions applying to development
1 changing a house roof from metal sheet to tiles (see s 1.23) must also comply with s 1.26 (Roof slope changes)
2 the replacement of a roof flue for a building (see s 1.23) must also comply with s 1.27 (Chimneys, flues and vents)
Part 1.3Certain development proposals
1.18Information about certain development proposals
(1)This section applies—
(a)in relation to a development proposal for—
(i)development mentioned in section 1.130 (Compliant single dwellings) or section 1.131 (Single dwellings where declaration authorises minor non‑compliance); or
(ii)development mentioned in section 1.132 (Single dwellings—demolition) if the development is not required to be carried out urgently to address a risk of death or injury to a person, serious harm to the environment or significant damage to property; and
(b)if—
(i)a place (the adjoining place) other than unleased land adjoins the place (the developing place) to which the development proposal relates; and
(ii)the adjoining place has 1 or more dwellings on it.
(2)The proponent of the development proposal must take reasonable steps to give written information about the proposal to an occupier (a resident) of each dwelling.
(3)The written information must include the following:
(a)site plans and elevation plans for the development proposal;
(b)if any point of a building or other structure in the proposal extends beyond any relevant solar building envelope (an encroachment)—shadow diagrams of the encroachment;
(c)any additional information required by the territory planning authority and included in a notice published on the authority website.
(4)However, the proponent need not give written information to a resident of a dwelling on an adjoining place if the resident is the proponent or a person for whom the proponent has been appointed to act as agent.
(5)The proponent may give the written information to a resident of a dwelling by leaving it at the dwelling.
Examples
1 if the dwelling is an apartment—leaving it in the letterbox for the apartment
2 placing it under a door that gives access into the dwelling
NoteThe written information may be given in other ways (see Legislation Act, pt 19.5).
(6)In this section:
adjoins—a place adjoins another place if the place touches the other place, or is separated from the other place only by a road, reserve, river, watercourse or similar division.
resident, of a dwelling, includes a person believed on reasonable grounds to be occupying the dwelling.
Note 1If an application is made for an exemption assessment D notice relating to a development proposal to which this section applies, the application must include a written notice that this section was complied with (see s 11 (2) (a)).
Note 2If an application is made for building approval for building work, and the development to which the building work relates is a development proposal to which this section applies, the application must be accompanied by a written notice that this section was complied with within 2 years before the day the application is made (see Building Act 2004, s 26 (2) (h)).
Note 3If building work the subject of an application for an exemption assessment B notice relates to a development proposal mentioned in s (1) (a) (i), the application must be accompanied by a written notice that this section was complied with within 2 years before the day the application is made (see Building (General) Regulation 2008, s 7B (2)).
Part 1.4Development exempt from development approval
NoteIn order to be exempt from requiring development approval, development must comply with each of the general exemption criteria, unless a provision in this part provides that a criterion does not apply to the development (see s 1.10 (General exemption criteria)).
Division 1.4.1 Minor building works
1.20Internal alterations of buildings
(1)Designated development for the internal alteration of a building if the alteration does not do either of the following:
(a)change the building’s class under the building code;
(b)increase the gross floor area of a non-residential building.
(2)Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development.
(3)In this section:
non‑residential building means a building, or part of a building, that is—
(a)not used for residential purposes; and
(b)not a class 10 building associated with a building used for residential purposes.
1.21Installation, alteration and removal of low impact external doors and windows in buildings
Designated development for the installation, alteration or removal (the relevant change) of an external door or window in a building if—
(a)the height of the building’s finished floor level, or other trafficable surface, immediately adjacent to the relevant change is not more than 1m above datum ground level; and
Example—trafficable surface
paving
(b)if the relevant change is to an existing door or window—the relevant change involves no more than the following:
(i)replacing the door or window with either a door or a window without changing the width of the opening in the wall;
(ii)increasing the width of the door or window by not more than 340mm;
(iii)increasing the height of the door or window by not more than 340mm;
(iv)reducing the height or width, or both, of the window or door;
(v)installing a wall instead of the door or window or a part of the door or window; and
Example—par (b)
an existing window is replaced by a door that is 200mm higher and 300mm wider than the window
NoteThe change in relation to the door or window need not involve all of the matters mentioned in par (b).
(c)if the relevant change is not to an existing door or window—the relevant change involves no more than removing part of a wall and installing a door or window with an external horizontal opening of not more than 2m; and
(d)no part of the relevant change is less than either of the following for the block on which the building is located:
(i)1.5m from a side boundary;
(ii)3m from a rear boundary.
NoteChanging the external appearance, material or finish of a building or other structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.
1.22Installation, alteration and removal of high impact external doors and windows in buildings
Designated development for the installation, alteration or removal (the relevant change) of an external door or window in a building if—
(a)the height of the building’s finished floor level, or other trafficable surface, immediately adjacent to the relevant change is 1m or more above datum ground level; and
NoteSee the example to s 1.21 (a).
(b)the relevant change involves no more than the following:
(i)replacing the door or window with either a door or a window without changing the width of the opening in the wall;
(ii)increasing the width of the door or window by not more than 340mm;
(iii)increasing the height of the door or window by not more than 340mm;
(iv)reducing the height or width, or both, of the window or door;
(v)installing a wall instead of the door or window or a part of the door or window; and
NoteThe change in relation to the door or window need not involve all of the matters mentioned in par (b).
(c)no part of the relevant change is less than either of the following for the block on which the building is located:
(i)1.5m from a side boundary;
(ii)3m from a rear boundary.
NoteChanging the external appearance, material or finish of a building or other structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.
1.23Exterior refinishing of buildings and other structures
(1)Designated development for altering the exterior material or finish of a building or other structure if the alteration involves—
(a)painting the exterior of the building or other structure to change its appearance, other than—
(i)painting a design, sign or street art on the exterior of the building or structure; or
NoteFor signs, see s 1.61 and for street art, see s 1.24.
(ii)painting the building for maintenance; or
NoteFor maintenance, see s 1.25.
(b)replacing or covering an exterior item (other than an excluded item) of the building or other structure with the same or a different material.
Examples—par (b)
1changing a house roof from metal sheet to tile
2changing weatherboard cladding to brick-veneer
3rendering exterior brickwork with cement render
(2)In this section:
excluded item means—
(a)an external door or window; or
(b)a skylight for a building.
exterior item means any of the following on the exterior of a building or other structure:
(a)a wall, sill or fascia or an eave lining;
(b)a downpipe or flashing or guttering;
(c)trim;
(d)roofing or a roof duct, flue, gutter or vent;
(e)a vent pipe;
(f)a step or landing;
(g)a handrail or balustrade or other barrier that functions as a balustrade;
(h)a pole or post.
structure does not includes a fence for an open space boundary.
Note 1For external doors and windows, see s 1.21 and s 1.22 and for skylights, see s 1.28.
Note 2Changing the external appearance, material or finish of a building or other structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.
1.24Street art on buildings and other structures
(1)Designated development for altering the exterior of a building or other structure by painting, marking or otherwise affixing street art on the building or other structure, if—
(a)the building or other structure is not in a residential zone; and
(b)the lessee or custodian of the land on which the building or other structure is located has agreed, in writing, to the street art; and
(c)the street art—
(i)does not project more than 30mm from a wall or other surface; and
(ii)does not include material that discriminates against or vilifies any person or group; and
(iii)does not include material that is offensive or sexually explicit; and
(iv)does not include advertising material; and
(v)is not a sign; and
NoteA sign may be exempt under s 1.61.
(vi)is not illuminated or animated; and
(vii)does not incorporate a moving or changing display or message; and
(viii)does not use reflective paint or other reflective material; and
(ix)is not more than 6m in height.
Example—street art on a building or other structure
mural painted on the external wall of a building
(2)Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development.
Note 1A public artwork may also be exempt under s 1.91.
Note 2An artwork on a building or other structure in an existing school campus may also be exempt under s 1.110 (Schools—artwork on buildings or other structures).
1.25Maintenance of buildings and other structures
(1)Designated development (other than development to which section 1.23 applies) for the maintenance of a building or other structure if the maintenance does not involve changing the kind of material used for the part of the building or other structure to which the maintenance relates.
Examples—maintenance
1 replacing a building’s rotted timber window frames to maintain the building’s appearance and to weatherproof the building
2 repairing a building’s plant and equipment
3 painting a building to maintain the building’s appearance
NoteChanging the external appearance, material or finish of a building or other structure, or replacing items such as windows, may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.
(2)Section 1.13 (Criterion 3—heritage, tree, environment and conservation) does not apply to the designated development.
1.26Roof slope changes
Designated development for changing the slope of all or part of a building’s roof if the change does not do any of the following:
(a)change the slope by more than 5o;
(b)cause the roof to project beyond any relevant solar building envelope;
(c)increase the volume or floor area of an existing attic;
(d)create a new attic.
1.27Chimneys, flues and vents
Designated development for a chimney, flue or vent for a building if the chimney, flue or vent—
(a)penetrates, or is attached to, the building’s roof; and
(b)does not extend more than 1.5m above the lowest point of the roof where the chimney, flue or vent penetrates, or attaches to, the roof.
Example—chimney that is exempt development
A chimney penetrates a sloping roof. The vertical distance from the top of the chimney to the point where the chimney emerges from the roof’s surface, on the downhill side of the chimney, is 1.45m.
1.28Skylights
Designated development for a skylight in the roof of a building if—
(a)the external area of the skylight is not more than 2m2; and
(b)the skylight does not project more than 150mm above the surface of the roof adjacent to the skylight; and
(c)the skylight does not project beyond any relevant solar building envelope.
NoteChanging the external appearance, material or finish of a building or other structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.
1.29External shades
(1)Designated development for an external shade if the external shade, when opened to its full capacity, is within the boundary of the block.
(2)In this section:
external shade—
(a)means a device used to shade a window or door externally; and
(b)includes a pole, post or any other item associated with an external shade; but
(c)does not include an eave.
Examples—external shades
awning, blind, louvre, shutter
1.30External cooling and water heating services
(1)Designated development for an externally mounted service for a block if—
(a)no part of the service is within 1.5m of a side boundary or rear boundary of the block; and
(b)if the service is mounted on a roof—
(i)the distance from the top of the service to the closest point of the roof is not more than 1.5m; and
(ii)the service does not project beyond any relevant solar building envelope; and
(c)if the service is mounted on the ground—no part of the service is between a front boundary and a building line for the block.
NoteNoise emitted from things, including external cooling and water heating services, is regulated under the Environment Protection Regulation 2005.
(2)Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development.
(3)In this section:
service—
(a)means an air conditioner, evaporative cooler or solar water heater; and
(b)includes the support structures (if any) for the air conditioner, evaporative cooler or solar water heater.
solar water heater—see the Building (General) Regulation 2008, schedule 1, section 1.1.
1.31External photovoltaic panels
(1)Designated development for an externally mounted photovoltaic panel for a block if—
(a)no part of the panel is within 1.5m of a side boundary or rear boundary of the block; and
(b)no part of the panel projects beyond any relevant solar building envelope; and
(c)if the panel is a protruding panel on a block to which no solar building envelope would apply under the relevant performance outcome of the territory plan—
(i)no part of the panel is more than 300mm above the closest point of the roof; or
(ii)no part of the panel restricts solar access to another block; and
(d)if the panel is mounted on the ground—no part of the panel is between a front boundary and a building line for the block.
(2)Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development.
(3)In this section:
protruding panel means a roof mounted photovoltaic panel any part of which is higher than a plane projected at 30° above horizontal from a height of 3m above datum ground level at a boundary of the block.
restrict—a protruding panel on a block restricts solar access to another block if, on the winter solstice when the sun’s angle is 30° above the horizon, the shadow cast by the panel at datum ground level on the other block is larger than the shadow that would be cast on the other block by the roof if the protruding panels were not mounted on it.
1.32External batteries
(1)Designated development for an externally mounted battery on a block if—
(a)no part of the battery is—
(i)between a front boundary and a building line for the block; or
(ii)within 1.5m of a side boundary or rear boundary of the block; and
(b)if the battery is mounted on a wall or on the ground adjacent to a wall—the battery is not higher than the wall; and
(c)the total capacity of the battery is not more than 50kW; and
(d)the cumulative volume of the battery, excluding the charge controller and inverter, is not more than 0.4m3; and
(e)no component of the battery is more than—
(i)a height of 2.5m; or
(ii)a width of 2m; or
(iii)a depth of 1m; and
(f)the battery is not installed in a way that deviates from the specifications for its design and use.
NoteNoise emitted from things, including batteries, is regulated under the Environment Protection Regulation 2005.
(2)Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development.
(3)In this section:
battery includes the support structures (if any) for the battery.
1.33External switchboards
Designated development for a switchboard on the exterior of a building.
1.34External area lighting
(1)Designated development for area lighting on the exterior of a building.
NoteOther laws, including the Environment Protection Act 1997, apply in relation to the emission of electromagnetic radiation, including light.
(2)In this section:
area lighting means lighting to assist people to avoid obstacles while moving around the exterior of a building.
1.35Residential leases—driveway crossings of road verges
(1)Designated development for a driveway across a road verge for a residential lease granted for a single dwelling if—
(a)only 1 dwelling has been built on the lease and a development application for another dwelling has not been made in relation to the lease; and
(b)the construction of the driveway will result in not more than 2 driveways across the road verge for the lease; and
(c)the director‑general of the administrative unit responsible for municipal services has agreed, in writing, to the construction of the driveway; and
(d)the driveway is constructed in accordance with the agreement.
(2)In this section:
road verge means the area between the trafficable part of a road and the boundary of a lease adjacent to the road.
NoteThis item does not apply to that part of a driveway that is on the residential lease, but other provisions in this schedule might apply to that part of a driveway.
1.36Resealing existing driveways
Designated development for resealing an existing driveway if 1 or more of the following materials is used:
(a)concrete (including coloured or patterned concrete);
(b)bitumen;
(c)pavers, including bricks;
(d)timber;
(e)grass, including stabilising treatment.
NoteA driveway in an existing school campus may also be exempt under s 1.121 (Schools—driveways).
1.37Temporary buildings and other structures
(1)Designated development for a temporary, portable or demountable building or other structure if—
NoteFor shipping containers, see s 1.59.
(a)the building or other structure is for use at the site of another development or an event; and
(b)if the building or other structure is for use at the site of another development—the building or other structure is associated with carrying out the other development; and
(c)the building or other structure is removed before the end of the longer of the following periods:
(i)1 year after the day the designated development for the building or other structure begins;
(ii)if the territory planning authority extends, in writing, the 1‑year period—the period as extended.
(2)Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development.
(3)In this section:
event means a fair, circus, carnival, celebration, market, show, concert, display, exhibition, competition, training event, recreational event or publicity event or similar activity.
Division 1.4.2 Non-habitable buildings and other structures
Subdivision 1.4.2.1 Preliminary
1.40Meaning of class 10a building—div 1.4.2
In this division:
class 10a building includes the following:
(a)a garage, carport or shed;
(b)a conservatory, greenhouse, gazebo, pergola, shelter, shade structure or hail protection structure, studio, workshop or cubbyhouse;
(c)a stable, storeroom or other outbuilding;
(d)a deck, verandah, porch, landing, stairs or ramp.
NoteA swimming pool is not a class 10a building (see building code).
1.41Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area
(1)Designated development for a class 10 building or other structure (the 2nd thing) in a boundary clearance area of a block if—
(a)an existing class 10 building or other structure (the 1st thing) is partly or fully in a boundary clearance area of the block; and
(b)the 2nd thing would be exempt under another section of this schedule if the 1st thing were not located partly or fully in the boundary clearance area; and
(c)the 2nd thing is not a boundary fence; and
(d)the 1st thing and 2nd thing—
(i)are the only class 10 buildings or other structures (other than a boundary fence) that are partly or fully in the boundary clearance area; and
(ii)have a combined relevant cross-section area above datum ground level of not more than 30m2.
Example—par (d) (ii)
A regular-shaped, flat-roofed, garden shed faces parallel to and is 1m from the boundary of a block. Its relevant cross-section area is the area of the rectangles bounded by the shed wall that faces the boundary and the edge of its roof, a total area of 15m2.
The block’s owner proposes to build a 2nd class 10a building which is a circular rotunda with a domed roof. Its relevant cross-section area is the largest cross‑section of the rotunda at any point in the boundary clearance area when measured in a plane parallel to the boundary, an area of 18m2.
Because the combined relevant cross-section areas of shed and rotunda are more than 30m2, the rotunda does not comply with this section and is not exempt from a development application.
(2)To remove any doubt, this section applies in relation to the boundary clearance area of each side boundary and rear boundary of a block.
(3)In this section:
boundary clearance area, for a side boundary or rear boundary of a block, means the area between the boundary and a line drawn 1.5m inside the block and parallel to the boundary.
class 10 building or other structure does not include a sign installed on land.
relevant cross-section area, of a building or other structure partly or fully in a boundary clearance area, means the area of the largest vertical cross-section of the building or structure at any point in the area when measured in a plane parallel to the boundary, as shown in diagram 1.41.
Examples—relevant cross-section area
1 A rectangular shed encroaches on the boundary clearance area of a block and is parallel to the boundary. The wall facing the boundary is 2m high and 3m wide. The roof does not increase the profile of the structure. The relevant cross-section area of the shed is 6m2.
2 A pergola has no walls, encroaches on the boundary clearance area of a block, and is parallel to the boundary. The side facing the boundary is 2m high and 3m wide. However, the uprights have a total area facing the boundary of 0.6m2 and the crossbeam has a total area facing the boundary of 0.9m2. The relevant cross-section area of the pergola is 1.5m2.
Diagram 1.41 Relevant cross-section area
Subdivision 1.4.2.2 Class 10a buildings
1.42Roofed class 10a buildings—enclosed or open on 1 side
(1)Designated development for a class 10a building on a block if—
(a)the building is not an external deck or external verandah; and
NoteFor external decks, see s 1.45 and for external verandahs, see s 1.46.
(b)the building is enclosed by a roof and has walls on—
(i)each of its sides; or
(ii)each of its sides except for 1 side; and
(c)the height of the building is not more than—
(i)if subsection (2) applies—4m above datum ground level; or
(ii)in any other case—3m above datum ground level; and
(d)no part of the building extends beyond any relevant solar building envelope; and
(e)the building does not exceed the size limitation for the block; and
(f)the building complies with the setback requirement for the block; and
(g)if any part of the building is within 1.5m of a side boundary or rear boundary of the block—
(i)the building is the only class 10 building or other structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii)section 1.41 (Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area) applies to the building.
(2)This subsection applies to a building that—
(a)is more than 3m above datum ground level; but
(b)has no part higher than a plane projecting at 30° above the horizontal from a height 3m above datum ground level at a boundary.
(3)In this section:
setback requirement, for a building in relation to a block, means—
(a)if the building has a plan area of not more than 10m2—the building is behind the building line for the block; or
(b)if the building has a plan area of more than 10m2—the building is behind the building line for the block and at least 15m from the block’s front boundary
size limitation, for a building in relation to a block, means—
(a)if the size of the block is less than 500m2—the building has a plan area of not more than 10m2; or
(b)if the size of the block is 500m2 or more but less than 600m2—the building has a plan area of not more than 25m2; or
(c)if the size of the block is 600m2 or more—the building has a plan area of not more than 50m2.
1.43Roofed class 10a buildings—unenclosed or partly open
(1)Designated development for a class 10a building on a block if—
(a)the building is not an external deck or external verandah; and
NoteFor external decks, see s 1.45 and for external verandahs, see s 1.46.
(b)the height of the building is not more than—
(i)if subsection (2) applies—4m above datum ground level; or
(ii)in any other case—3m above datum ground level; and
(c)no part of the building extends beyond any relevant solar building envelope; and
(d)the building—
(i)is enclosed by a roof which has a plan area of not more than 50m2; and
(ii)has walls on not more than 2 of its sides; and
(e)the building is behind the building line for the block; and
(f)if the building has a floor—the height of the finished floor level is not more than—
(i)for any part of the building that is within 1.5m of a side boundary or rear boundary of the block—0.4m above datum ground level; and
(ii)in any other case—1m above finished ground level; and
(g)if any part of the building is within 1.5m of a side boundary or rear boundary of the block—
(i)the building is the only class 10 building or other structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii)section 1.41 (Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area) applies to the building.
(2)This subsection applies to a building that—
(a)is more than 3m above datum ground level; but
(b)has no part higher than a plane projecting at 30o above the horizontal from a height 3m above datum ground level at a boundary.
1.44Class 10a buildings—unroofed and unenclosed
(1)Designated development for a building on a block if—
(a)the building is not an external deck or external verandah; and
NoteFor external decks, see s 1.45 and for external verandahs, see s 1.46.
(b)the building does not have a roof or any walls; and
(c)the height of the building is not more than—
(i)if subsection (2) applies—4m above datum ground level; or
(ii)in any other case—3m above datum ground level; and
(d)if the building has a floor—the height of the finished floor level is not more than—
(i)for any part of the building that is within 1.5m of a side boundary or rear boundary of the block—0.4m above datum ground level; and
(ii)in any other case—1m above finished ground level; and
(e)the building is behind the building line for the block; and
(f)if any part of the building is within 1.5m of a side boundary or rear boundary of the block—
(i)the building is the only class 10 building or other structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii)section 1.41 (Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area) applies to the building.
(2)This subsection applies to a building that—
(a)is more than 3m above datum ground level; but
(b)has no part higher than a plane projecting at 30° above the horizontal from a height 3m above datum ground level at a boundary.
1.45Class 10a buildings—external decks
(1)Designated development for an external deck on a block if—
(a)the deck does not have a roof; and
(b)the height of the finished floor level of the deck is not more than—
(i)for any part of the deck that is either between a front boundary and a building line for the block or within 1.5m of a side boundary or rear boundary of the block—0.4m above datum ground level; and
(ii)in any other case—1m above finished ground level; and
(c)if any part of the deck is between a front boundary and a building line for the block—that part of the deck does not have a balustrade; and
(d)if any part of the deck is behind a building line for the block—the height of any balustrade for that part of the deck is not more than 1.2m above the finished floor level for the deck; and
(e)if any part of the deck is higher than 0.4m above datum ground level and within 1.5m of a side boundary or rear boundary of the block—
(i)the deck is the only class 10 building or other structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii)section 1.41 (Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area) applies to the deck.
(2)In this section:
balustrade includes a barrier that acts as a balustrade.
deck includes any of the following for the deck:
(a)external stairs or ramp;
(b)an external landing;
(c)a retaining wall.
1.46Class 10a buildings—external verandahs
(1)Designated development for an external verandah on a block if—
(a)the verandah is attached to, or immediately adjacent to, a dwelling on the block; and
(b)the plan area of the verandah is not more than 10m2; and
(c)no part of the verandah is—
(i)higher than 3m above datum ground level; or
(ii)within 5.5m from the front boundary of the block; or
(iii)within 1.5m of a side boundary or rear boundary of the block; and
(d)if the verandah has a floor—the height of the finished floor level is not more than 1m above finished ground level.
(2)In this section:
verandah includes any of the following for the verandah:
(a)external stairs or ramp;
(b)an external landing;
(c)a retaining wall.
Subdivision 1.4.2.3 Class 10b structures
1.47Class 10b structures—plan area not more than 2m2
NoteClass 10b structures include the following:
· a fence, retaining wall or freestanding wall
· a mast or antenna
· a swimming pool.
Designated development for a class 10b structure (other than a sign) on a block if—
(a)the plan area of the structure is not more than 2m2; and
(b)the structure is not—
(i)wider than 2m; or
(ii)higher than 1.85m above datum ground level; and
(c)if the structure has a floor—the height of the finished floor level is not more than 0.4m above datum ground level; and
(d)if the structure is not a single letterbox—no part of the structure is between a front boundary and a building line for the block; and
(e)the height of any part of the structure that is within 1.5m of a side boundary or rear boundary of the block is not more than 0.4m above datum ground level; and
(f)if any part of the structure is within 1.5m of a side boundary or rear boundary of the block—
(i)the structure is the only class 10 building or other structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii)section 1.41 (Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area) applies to the structure.
1.48Fences and freestanding walls generally
(1)Designated development for a fence for, or freestanding wall on, a block if—
(a)the fence or wall is not higher than—
(i)for a mesh fence in an industrial zone—2.7m above datum ground level; or
(ii)in any other case—
(A)for a panel of a fence or wall—2.3m above datum ground level; or
(B)for the support post or column of a fence or wall—2.5m above datum ground level; and
(b)no part of the fence or wall is between a front boundary and a building line for the block; and
(c)no part of the fence or wall diverts or concentrates the flow of surface water—
(i)in a way that causes ponding; or
(ii)onto other land.
(2)The excluded criteria do not apply to the designated development.
(3)Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development to the extent that the section would apply to the excluded criteria.
NoteThe general exemption criteria include s 1.17, which provides that development must comply with any other provisions in this part that apply to the development.
(4)In this section:
excluded criteria means any other criteria in this division, other than section 1.41, that would apply to the development.
fence—
(a)includes a gate that forms part of, or functions as, a fence; but
(b)does not include a fence for an open space boundary.
wall includes a gate that forms part of, or functions as, a wall.
1.49Basic open space boundary fences
NoteThe Act, s 516 (3) defines open space boundary as meaning a boundary between leased and unleased land.
(1)Designated development for a fence for an open space boundary for a block if—
(a)a development requirement for the block requires the building of a basic paling fence for the boundary; and
(b)the fence—
(i)is not higher than 1.85m above datum ground level; and
(ii)is a basic paling fence or complies with subsection (2); and
(c)no part of the fence diverts or concentrates the flow of surface water—
(i)in a way that causes ponding; or
(ii)onto other land.
(2)A fence for an open space boundary for a block complies with this subsection if—
(a)the fence's panels and support structure are—
(i)made of unperforated metal; and
(ii)finished in a pre‑coloured proprietary finish; and
(iii)used in accordance with the manufacturer's relevant written instructions; and
(b)all sharp edges of metal sheets are capped; and
(c)for any one side of the fence—
(i)the panels are of the same material, flatness and corrugation (if any); and
(ii)all of the visible components (other than fasteners, footings and the cut ends of components) are the same external colour as the panels; and
(iii)the component’s colour is a solid colour that is, or closely matches, a colour from AS 2700 (Colour standards for general purposes) as in force from time to time, mentioned in part 1.5 (Permitted open space boundary fence colours); and
NoteAS 2700 does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 523 (4) and Legislation Act, s 47 (7)). The standard may be purchased at form, finish and colour of the fence is the same for the full length of the open space boundary for the block for that side of the fence.
(3)In this section:
basic paling fence—see the Act, section 516 (3).
development requirement, in relation to a block—see the Act, section 516 (3).
1.50Retaining walls
(1)Designated development for a retaining wall on a block if—
(a)if the retaining wall is between a front boundary and a building line for the block—the retaining wall is not higher than 0.4m above datum ground level on the lowest side of the wall; and
(b)the retaining wall is not higher than—
(i)if it is a cut-in retaining wall—
(A)for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above datum ground level on the lowest side of the wall; and
(B)for any other part of the wall—1.2m above datum ground level on the lowest side of the wall; and
(ii)if it is a fill retaining wall—
(A)for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above datum ground level on the lowest side of the wall; and
(B)for any other part of the wall—1m above datum ground level on the lowest side of the wall; and
(iii)if it is a combination retaining wall—
(A)for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above datum ground level on the lowest side of the wall; and
(B)for any other part of the wall—1.2m above datum ground level on the lowest side of the wall; and
(c)if any part of the retaining wall is higher than 0.4m above datum ground level on the lowest side of the wall and within 1.5m of a side boundary or rear boundary of the block—
(i)the retaining wall is the only class 10 building or other structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii)section 1.41 (Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area) applies to the retaining wall.
(2)In this section:
combination retaining wall means a retaining wall that is both a cut‑in retaining wall and a fill retaining wall.
cut-in retaining wall means a wall, or that part of a wall, retaining earth below datum ground level.
fill retaining wall means a wall, or that part of a wall, retaining earth above datum ground level.
1.51Swimming pools
(1)Designated development for a swimming pool on a block if—
(a)no part of the pool, or an associated structure, is—
(i)either—
(A)if the development includes a courtyard wall forward of a building line for the block—between a front boundary and the courtyard wall; or
(B)in any other case—between a front boundary and a building line for the block; or
(ii)within 1.5m of a side boundary or rear boundary for the block; and
(b)if the pool includes an associated structure with an elevated floor—the height of the finished floor level is not more than 1m above finished ground level; and
(c)the height of the pool’s reservoir is not more than 1.5m above datum ground level.
(2)In this section:
associated structure, in relation to a swimming pool—
(a)includes a deck, landing, stairs or ramp, for the pool; but
(b)does not include a retaining wall or landscaping for the pool.
swimming pool—see the Building (General) Regulation 2008, schedule 1, section 1.1.
1.52Dish antennas
(1)Designated development for a dish antenna on a block if—
(a)the antenna is a receiving antenna only or an antenna that can send and receive a signal; and
(b)if the antenna is mounted on the ground—
(i)the diameter of the antenna is not more than 1.55m; and
(ii)the height of the antenna is not more than 3m above datum ground level; and
(c)if the antenna is externally mounted on a building in a residential area—
(i)the diameter of the antenna is not more than 0.65m; and
(ii)if the building is a single dwelling where the closest point of the dwelling’s roof to the antenna is lower than the highest point of the antenna—the distance from the highest point of the antenna to the closest point on the roof is not more than 1.5m; and
(d)if the antenna is externally mounted on a building in a non‑residential area—
(i)the diameter of the antenna is not more than 1.55m; and
(ii)if the closest point of the building’s roof to the antenna is lower than the highest point of the antenna—the distance from the highest point of the antenna to the closest point on the roof is not more than 2m; and
(iii)the antenna’s colour matches the adjacent colour of the building or is the colour of the antenna as manufactured; and
(e)if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—
(i)the antenna is the only class 10 building or other structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii)section 1.41 (Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area) applies to the antenna.
(2)In this section:
dish antenna means a parabolic antenna with a solid, wire or mesh dish and includes the support structures for the antenna.
1.53Mast antennas
(1)Designated development for a mast antenna on a block if—
(a)the antenna is a receiving antenna only or an antenna that can send and receive a signal; and
(b)the diameter of the antenna is not more than 0.75m; and
(c)if the antenna is mounted on the ground—
(i)the height of the antenna is not more than 6m above datum ground level; or
(ii)if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—no part of the antenna is more than 6m above datum ground level; and
(d)if the antenna is mounted on a building—
(i)no part of the antenna is more than 1.5m above the highest point of the building; and
(ii)the antenna’s colour matches the colour of the building; and
(e)if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—
(i)the antenna is the only class 10 building or other structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii)section 1.41 (Class 10 buildings and other structures—2nd exempt building or other structure in boundary clearance area) applies to the antenna.
(2)The excluded criteria do not apply to the designated development.
(3)Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development to the extent that the section would apply to the excluded criteria.
NoteThe general exemption criteria include s 1.17, which provides that development must comply with any other provisions in this part that apply to the development.
(4)In this section:
excluded criteria means any other criteria in this division, other than section 1.41, that would apply to the development.
(a)not more than 2 people work on the lease at any time; and
(b)anyone who works on the lease in the business genuinely lives on the lease; and
(c)all goods and materials relating to the business (other than goods or materials kept on another lease) must be kept—
(i)in buildings or other structures that are lawfully on the lease; and
(ii)in a way that the goods and materials cannot be seen from outside the lease; and
Examples—building or other structure lawfully on lease—par (c) (i)
1the building or other structure is exempt development under the Act, is exempt from the Building Act 2004, or has been certified under that Act, s 48 and has development approval under the Act
2an ex-government house that did not require building approval for its construction
Example—building not lawfully on lease—par (c) (i)
A shed, when constructed, is exempt from the Building Act 2004 and is exempt development under the Act. It is therefore lawfully on the lease. However, the shed is subsequentially altered in a way that makes it not exempt under 1 of the Acts. The shed is then not lawfully on the lease.
(d)the area of the lease used for the business (including storage) is not more than 40m2; and
(e)any vehicles at the lease for the purposes of the business are parked—
(i)on the lease in a driveway, garage, carport or location screened from any part of the road on which the lease is located; or
(ii)if the business is operated from a unit under the Unit Titles Act 2001—in parking for the unit; and
(f)the conduct of the business complies with the Environment Protection Act 1997; and
(g)averaged over a period of 7 days, the conduct of the business does not generate more than 5 vehicle arrivals each day at the lease; and
(h)any sign relating to the business is exempt from requiring development approval under this schedule, division 1.4.3 (Signs).
(2)In this section:
home business, in relation to a residential lease of land—see the Act, section 276 (3).
1.137Tree damaging etc activity
(1)Designated development if the development—
(a)is an activity that would or may—
(i)damage a protected tree; or
(ii)be prohibited groundwork in—
(A)the protection zone for a protected tree; or
(B)a declared site; and
(b)the activity is authorised by, and carried out in accordance with any conditions of, an approval under the Urban Forest Act 2023—
(i)section 28 (Approval application—decision); or
(ii)section 32 (Approval in urgent circumstances or for minor works).
(2)In this section:
damage a protected tree—see the Urban Forest Act 2023, section 14.
NoteDamage includes killing, destroying, felling or removing all or part of a protected tree (see Urban Forest Act 2023, s 14).
prohibited groundwork—see the Urban Forest Act 2023, section 15.
NoteProhibited groundwork includes contaminating, compacting or excavating soil in a protected tree’s protection zone or damaging the protected tree’s root system (see Urban Forest Act 2023, s 15).
protection zone, for a protected tree—see the Urban Forest Act 2023, section 13.
1.138Landscape gardening
(1)Landscape gardening (other than the construction of a retaining wall) that affects the landscape of land if—
(a)the landscape gardening is—
(i)on land described in a residential lease; or
(ii)prescribed landscaping (whether or not the land is land described in a residential lease); and
(b)if the landscape gardening is subject to a condition in a development approval in relation to the land—the condition has been complied with; and
(c)if the landscape gardening affects an existing public pedestrian access way, footpath or bicycle path—the landscape gardening maintains the existing public access to the access way, footpath or bicycle path.
Note 1For retaining walls generally, see s 1.50. (Other provisions, eg external decks (see s 1.45) and swimming pools (see s 1.51) may be relevant.)
Note 2If unleased land is affected by the landscape gardening, a licence under the Act or a public unleased land permit under the Public Unleased Land Act 2013 may be required.
(2)Section 1.11 (Criterion 1—easement and other access clearances) does not apply to development to which this section applies if the landscape gardening does not involve building or installing a structure.
(3)In this section:
prescribed landscaping means landscaping in relation to any of the following:
(a)a footpath;
(b)a landing;
(c)any other landscape structure (other than a retaining wall), or earthworks, if the vertical distance from the top of the structure or earthworks to datum ground level is not more than—
(i)if the top of the structure or earthworks is above datum ground level—0.4m; or
(ii)if the top of the structure or earthworks is below finished ground level—1.2m.
1.139Utility and telecommunications services
(1)Designated development if—
(a)the development involves—
(i)installing a connection (other than a connection mentioned in subparagraph (ii) (A)) of not more than 100m between a consumer’s premises and a network facility for a utility service or telecommunications service; or
(ii)if the development is carried out by Evoenergy in relation to an electricity network or gas network—any of the following:
(A)installing a connection of not more than 500m between a consumer’s premises and a network facility;
(B)installing a connection of not more than 500m between network facilities;
(C)for an electricity network—building or installing network facilities to increase the capacity of the network to not more than 8MVA;
(D)for a gas network—building or installing network facilities to increase the capacity of the network to not more than 210kPa; or
(iii)installing a utility service or telecommunications service in accordance with an approved subdivision design application; or
NoteSubdivision design application—see the Act, s 43 (1).
(iv)maintenance carried out only to maintain a utility service or telecommunications service; and
Examples—maintenance
1replacing pipes with pipes that are the same or substantially the same
2digging trenches needed to replace pipes, electrical conduits or cables
3replacing aerial lines with new aerial lines
(b)the lessee or custodian of the land on which the development is carried out has agreed, in writing, to the development; and
(c)the development does not result in the clearing of more than 0.5ha of native vegetation in a native vegetation area.
(2)Designated development (other than development in relation to building or installing network facilities mentioned in subsection (1) (a) (ii) (C) or (D)) if—
(a)the development involves any of the following:
(i)building or installing minor utility service or telecommunications service infrastructure if the infrastructure has—
(A)a plan area of not more than 15m2; and
(B)a height of not more than 3m above datum ground level;
Examples—minor infrastructure
substation, electrical or telecommunications cabinet, survey platform, concrete pad
(ii)building or installing a fence around, or partly around, utility service or telecommunications service infrastructure if—
(A)the height of the fence is not more than 3m above datum ground level; and
(B)no part of the fence or wall diverts or concentrates the flow of surface water in a way that causes the water to pond or be diverted onto other land;
(iii)building or installing a vent stack if—
(A)the height of the stack is not more than 6m above datum ground level; and
(B)the stack is not within 50m of the boundary of a block in a residential zone;
(iv)installing a security camera, security lighting or other security infrastructure or fixings on, or within 25m of, existing utility service or telecommunications service buildings or other structures;
Examples—other security infrastructure or fixings
barbed wire, razor wire, security bars on windows, security alarm system
NoteOther laws, including the Environment Protection Act 1997, apply in relation to the emission of electromagnetic radiation, including light.
(v)modifying existing minor utility service or telecommunications service infrastructure, or an existing utility service or telecommunications service building, if the modification does not increase the existing dimensions of the infrastructure or building by 20% or more;
Examples—modifications
1roof replacement with minor modification to angles
2stairwell cover marginally increased to allow for safety standards
(vi)installing a temporary building or other structure on land leased by a utility service or telecommunications service entity if—
(A)the height of the building or structure is not more than 5m above datum ground level; and
(B)the building or structure is removed from the land within 3 years after the building or structure is installed;
Examples—temporary buildings or other structures
construction site shed, temporary water tank
(vii)demolishing minor utility service or telecommunications service infrastructure; and
(b)the lessee or custodian of the land on which the development is carried out has agreed, in writing, to the development; and
(c)the development does not result in the clearing of more than 0.5ha of native vegetation in a native vegetation area; and
(d)at least 7 days before the development starts, the proponent gives written notice to the occupier of each block in a residential zone within 100m of the development.
NoteWritten notice is also required to be given to land‑holders before any network operations begin (see Utilities Act 2000, div 7.3 and sdiv 14.2.2).
(3)Designated development if the development involves carrying out any earthworks or other construction work on or under the
land in relation to designated development mentioned in subsection (1) or (2).
(4)Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development.
(5)In this section:
electricity network means either of the following under the Utilities Act 2000, section 7:
(a)an electricity transmission network;
(b)an electricity distribution network.
Evoenergy means Icon Distribution Investments Limited ACN 073 025 224 and Jemena Networks (ACT) Pty Ltd ACN 008 552 663 working in partnership as Evoenergy ABN 76 670 568 688.
fence includes—
(a)a gate that forms part of, or functions as, a fence; and
(b)a fence for an open space boundary.
gas network means either of the following under the Utilities Act 2000, section 10:
(a)a gas transmission network;
(b)a gas distribution network.
network facility—see the Utilities Act 2000, dictionary.
premises includes land.
telecommunications service—see the Telecommunications (Interception and Access) Act 1979 (Cwlth), section 5 (1).
utility service means an electricity, water, sewerage, stormwater or gas service under the Utilities Act 2000.
1.140Electric-powered vehicle charging points
(1)Designated development for an electric-powered vehicle charging point on land, in a building or other structure, or on the exterior of a building or other structure, in a built‑up urban area if—
(a)electricity services are already connected within 500m of the charging point; and
(b)each electric-powered vehicle charging point has—
(i)a height of not more than 2.5m above datum ground level; and
(ii)a plan area of not more than 2m2; and
(c)the development complies with AS/NZS 60079.10 (Explosive atmospheres) as in force from time to time; and
NoteAS/NZS 60079.10 does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 523 (4) and Legislation Act, s 47 (7)). The standard may be purchased at development complies with a relevant EV charging points—fire safety development control declared under section 14 (1) (c); and
(e)the person undertaking the development complies with electricity distribution obligations.
(2)Section 1.17 (Criterion 7—compliance with other applicable exemption) does not apply to the designated development.
(3)In this section:
electricity distribution obligations—a person complies with electricity distribution obligations if the person—
(a)has obtained a statement of compliance with electricity network requirements from Evoenergy before undertaking any construction for the development; and
(b)complies with any conditions imposed under the statement.
electricity services means the utility services described in the Utilities Act 2000, section 6.
electric-powered vehicle charging point means a structure and any ancillary infrastructure that allows for the charging of an electric‑powered vehicle.
Evoenergy—see section 1.139 (5).
1.141Bores
(1)Designated development in relation to a bore.
NoteOther territory laws, including the Water Resources Act 2007 and the Environment Protection Act 1997, must be complied with (see s 1.6 and s 1.13).
(2)In this section:
bore—see the Water Resources Act 2007, dictionary.
1.142Works under Water Resources Act by non-territory entities
(1)Designated development if the development is to give effect to a direction under any of the following provisions of the Water Resources Act 2007:
(a)section 72 (1) (Direction to modify or remove water structure);
(b)section 73 (2) (Direction to rectify effect of unauthorised activity etc);
(c)section 74 (2) (Direction to prevent or rectify damage to bed or bank of waterway).
(2)To remove any doubt, this section does not apply to designated development in accordance with the Water Resources Act 2007, section 74 (1) (which places a duty on the owner or occupier to take reasonable steps to prevent damage to the bed or banks of the waterway).
1.143Temporary use of land for emergency services training etc
(1)Designated development for the use of land for training or testing of things by an authorised entity, if—
(a)the training or testing includes a notifiable activity; and
(b)the training or testing is carried out on the land during ordinary business hours on not more than 2 consecutive days in any year; and
(c)at least 5 days before the day the training or testing is to be carried out, the authorised entity gives written notice of the following to the occupier of each place (other than unleased land) adjoining the land:
(i)when the training or testing will be carried out;
(ii)the general nature of the training or testing.
NoteUse, of land—see the Act, s 15.
(2)In this section:
authorised entity means—
(a)the Australian Defence Force; or
(b)the Australian Federal Police; or
(c)an emergency service; or
NoteEmergency service—see the Legislation Act, dict, pt 1.
(d)any other Territory, Commonwealth or State entity authorised in writing by the territory planning authority.
notifiable activity, in relation to land, means—
(a)damaging a building or other structure on the land; or
(b)simulating a violent incident in relation to the land; or
(c)simulating an emergency response in relation to the land.
1.144Subdivisions—Unit Titles Act 2001
The subdivision of land under a unit title application under the Unit Titles Act 2001 if the subdivision does not involve affected residential premises.
NoteSee the Act, s 185 and s 187 in relation to development approval for the subdivision of a units plan.
1.145Designated areas—development not involving lease variations
(1)Development in a designated area if the development does not involve the variation of a lease.
(2)The following provisions of this schedule do not apply to development under this section:
(a)section 1.11 (Criterion 1—easement and other access clearances);
(b)section 1.12 (Criterion 2—plumbing and drainage clearances);
(c)section 1.13 (Criterion 3—heritage, tree, environment and conservation);
(d)section 1.14 (Criterion 4—compliance with lease and agreement collateral to lease);
(e)section 1.15 (Criterion 5—no multiple occupancy dwellings);
(f)section 1.17 (Criterion 7—compliance with other applicable exemption).
(3)To remove any doubt, section 1.13 (Criterion 6—affected residential premises) applies to development under this section.
(4)In this section:
designated area—see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 4.
Part 1.5Permitted open space boundary fence colours
(see s 1.49 (2) (c) (iii))
column 1
item
column 2
colour
1 B53 (Dark Grey Blue) 2 G14 (Moss Green) 3 G15 (Rainforest Green) 4 G16 (Traffic Green) 5 G23 (Shamrock) 6 G24 (Fern Green) 7 G25 (Olive) 8 G34 (Avocado) 9 G52 (Eucalyptus) 10 G53 (Banksia) 11 G54 (Mist Green) 12 G55 (Lichen) 13 G56 (Sage Green) 14 G62 (River Gum) 15 G64 (Slate) 16 G65 (Ti-Tree) 17 G66 (Environment Green) 18 N54 (Basalt) 19 N55 (Lead Grey) 20 N63 (Pewter) 21 N64 (Dark Grey) 22 N65 (Graphite Grey) 23 P42 (Mulberry) 24 P52 (Plum) 25 R44 (Possum) 26 R45 (Ruby) 27 R52 (Terra Cotta) 28 R53 (Red Gum) 29 R54 (Raspberry) 30 R55 (Claret) 31 R62 (Venetian Red) 32 R63 (Red Oxide) 33 R64 (Deep Indian Red) 34 T14 (Malachite) 35 T51 (Mountain Blue) 36 T53 (Peacock Blue) 37 X41 (Buff) 38 X42 (Biscuit) 39 X43 (Beige) 40 X45 (Cinnamon) 41 X51 (Tan) 42 X52 (Coffee) 43 X53 (Golden Tan) 44 X54 (Brown) 45 X55 (Nut Brown) 46 X61 (Wombat) 47 X62 (Dark Earth) 48 Y44 (Sand) 49 Y45 (Manila) 50 Y51 (Bronze Olive) 51 Y52 (Chamois) 52 Y53 (Sandstone) 53 Y54 (Oatmeal) 54 Y55 (Deep Stone) 55 Y56 (Merino) 56 Y62 (Sugar Cane) 57 Y63 (Khaki) 58 Y65 (Mushroom) 59 Y66 (Mudstone) Part 1.6Tables of exempt signs
(see s 1.61 and s 1.63)
Table 1.6.1Exempt signs: commercial and industrial zones
Commercial and industrial zones Type of sign CZ1 CZ2 CZ3 CZ4 CZ5 CZ6 IZ1 IZ2 Awning/fascia sign A A A A A A A Blind sign A A A A A A Business plate sign A A A A A A A A Canopy sign A A A A A A Changeable message sign A A A A A A A Construction site fence sign A A A A A A A A Display home/development site sales sign T T T T T T T T Event sign T T T T T T T T Fence sign Flag pole sign Ground sign A A A A A A A Hamper sign A A A A A A A High rise building sign Inflatable sign Information sign A A A A A A A A Lantern sign A A A A A A A A Mobile sign Pole sign A A A A A Projecting sign Pylon/column sign Roof sign Stallboard sign A A A A A A A Territory signs A A Under awning sign A A A A A A A Vertical banner building sign A A Vertical banner freestanding sign A A Wall sign A A Window sign A A A A A A A
Table 1.6.2Exempt signs: zones other than commercial and industrial zones
| Zones other than commercial and industrial zones | |||||||||
| Type of sign | RZ1 | RZ2 | RZ3 | RZ4 | RZ5 | CFZ | PRZ1 | PRZ2 | Other |
| Awning/fascia sign | |||||||||
| Blind sign | A | ||||||||
| Business plate sign | A | A | A | A | A | A | A | A | A |
| Canopy sign | |||||||||
| Changeable message sign | |||||||||
| Construction site fence sign | A | A | A | A | A | A | A | A | A |
| Display home/development site sales sign | |||||||||
| Event sign | T | T | |||||||
| Fence sign | |||||||||
| Flag pole sign | |||||||||
| Ground sign | |||||||||
| Hamper sign | |||||||||
| High rise building sign | |||||||||
| Inflatable sign | |||||||||
| Information sign | A | A | A | A | A | A | A | A | |
| Lantern sign | A | A | A | A | A | A | A | A | A |
| Mobile sign | |||||||||
| Pole sign | |||||||||
| Projecting sign | |||||||||
| Pylon/column sign | |||||||||
| Roof sign | |||||||||
| Stallboard sign | |||||||||
| Territory signs | |||||||||
| Under awning sign | |||||||||
| Vertical banner building sign | |||||||||
| Vertical banner freestanding sign | |||||||||
| Wall sign | |||||||||
| Window sign | |||||||||
Schedule 2Permitted construction tolerances
(see s 7)
Part 2.1Interpretation—sch 2
2.1Definitions—sch 2
In this schedule:
approved development means development covered by a development approval.
exempt development means development exempt from requiring development approval under this regulation.
Part 2.2Permitted construction tolerances
2.2Horizontal siting tolerances for buildings and other structures
(1)This section applies to the horizontal siting on a block of a building or other structure that does not comply with the applicable siting criteria.
(2)This section does not apply if—
(a)a relevant solar building envelope applies to the block; and
(b)any point of the building or structure extends beyond the relevant solar building envelope (an encroachment); and
(c)the encroachment is not permitted by a development approval or exemption declaration.
(3)The building or structure must be horizontally sited so that—
(a)for any point of the building or structure that the applicable siting criteria allows or requires to be sited on, or not more than 900mm horizontally from, a boundary of the block—
(i)for a boundary fence—the point is sited so that the centre of the fence’s panelling is not more than 50mm horizontally from the boundary; and
(ii)in any other case—the point is sited wholly on the block and not more than 50mm horizontally from where the applicable siting criteria allow or require it to be sited; and
(b)for any point of the building or structure that the applicable siting criteria allows or requires to be sited more than 900mm horizontally from a boundary of the block—the point is sited wholly on the block and not more than 340mm horizontally from where the applicable siting criteria allow or require it to be sited; and
(c)compared to the approved development or exempt development, the building or structure does not do either or both of the following:
(i)increase the diversion or concentration of the flow of surface water—
(A)in a way that causes ponding; or
(B)onto other land;
(ii)change the number of stories in the building or structure.
Example—s (3)
An exemption for the construction of a house requires a wall to be sited not closer than 900mm horizontally from the western boundary of the block. The house is constructed so that its western wall is 850mm horizontally from the boundary (50mm less than required). The siting of the house is within the allowed tolerance under par (a) (ii) because it breaches the siting requirement under the exemption by not more than 50mm.
Note 1The development, as changed in accordance with this section, must also comply with the general exemption criteria.
Note 2A change to the height of the finished floor level of the level immediately above a basement may mean that the space is counted as a storey and may also affect the calculation of gross floor area.
(4)If the territory planning authority makes an exemption declaration that extends the permitted horizontal dimension of a dwelling, the distance of 340mm mentioned in subsection (3) (b) is reduced—
(a)if the dimension is extended by not more than 290mm—by the extended distance stated in relation to the dimension in the exemption declaration; or
(b)if the dimension is extended by more than 290mm—by 290mm.
(5)In this section:
applicable siting criteria, in relation to a point of a building or other structure on a block, means the criteria about the horizontal siting of the point on the block under—
(a)if the building or structure would be covered by a development approval other than for its horizontal siting on the block—the approval; or
(b)if the building or structure would be exempt development other than for its horizontal siting on the block—schedule 1, part 1.4 (Development exempt from development approval).
on, a block or a boundary of a block, includes above or below ground level for the block or boundary.
2.3Height tolerances for buildings and other structures
(1)This section applies to the vertical siting on a block of a building or other structure that does not comply with the applicable height criteria.
(2)This section does not apply if—
(a)a relevant solar building envelope applies to the block; and
(b)any point of the building or structure extends beyond the relevant solar building envelope (an encroachment); and
(c)the encroachment is not permitted by a relevant development approval or exemption declaration.
(3)The building or structure must be vertically sited so that—
(a)for any point of the building or structure that the applicable height criteria allows or requires to be sited at a particular height—
(i)the point is sited wholly within the lease to which the point relates and is not more than 340mm above or below where the applicable height criteria allow or require the point to be sited; but
(ii)if the point is the sill of an exterior window—the sill is not more than 50mm closer to the finished floor level immediately adjacent to the window’s sill; and
Example—par (a) (i)
A multistorey block of apartments is divided into separate units under the Unit Titles Act 2001. Each apartment must be within the spatial lease for the unit.
(b)compared to the approved development or exempt development, the building or structure does not do any of the following:
(i)increase the diversion or concentration of the flow of surface water—
(A)in a way that causes ponding; or
(B)onto other land;
(ii)reduce the accessibility of the building or structure for people with disabilities;
(iii)change the number of stories in the building or structure.
Note 1The development, as changed in accordance with this section, must also comply with the general exemption criteria.
Note 2A change to the height of the finished floor level of the level immediately above a basement may mean that the space is counted as a storey and may also affect the calculation of gross floor area.
(4)If the territory planning authority makes an exemption declaration that extends a permitted height criterion of a dwelling, the distance of 340mm mentioned in subsection (3) (a) (i) is reduced—
(a)if the criterion is extended by not more than 290mm—by the extended distance stated in the exemption declaration for the criterion; or
(b)if the criterion is extended by more than 290mm—by 290mm.
(5)In this section:
applicable height criteria, in relation to a point of a building or structure, means the criteria about the height of the point under—
(a)if the building or structure would be covered by a development approval other than for the height of the point—the approval; or
(b)if the building or structure would be exempt development other than for the height of the point—schedule 1, part 1.4 (Development exempt from development approval).
lease includes a land sublease.
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions relevant to this regulation. For example:
· ACAT
· building code
· conservator of flora and fauna
· Corporations Act
· emergency services commissioner
· environment protection authority
· heritage council
· land titles register
· person (see s 160)
· the Territory
· working day.
Note 2Terms used in this regulation have the same meaning that they have in the Planning Act 2023. For example, the following terms are defined in the Act, dict:
· authority website (see s 509)
· custodian
· development (see s 14 (1))
· development application (see s 166 (1))
· development approval
· development proposal
· district policy
· EPBC Act
· exempt development (see s 145)
· exemption assessment (see s 151 (1))
· exemption assessment D notice (see s 152 (2) (b))
· exemption assessor (see s 151 (1))
· future urban area
· land management agreement (see s 350 (2) (a))
· land sublease
· lease
· proponent
· residential lease
· rural lease (see s 256)
· structure
· subdivision design application (see s 43 (1))
· territory plan (see s 45)
· territory planning authority
· use (see s 15)
· zone.
Note 3Terms used in sch 1 and sch 2 of this regulation have the same meaning that they have in the territory plan (see s 5). For example, the following terms are defined in the territory plan:
· attic
· basement
· building line
· carport
· datum ground level
· finished floor level
· finished ground level
· front boundary
· front zone
· gross floor area
· setback
· storey.
affected residential premises, for schedule 1 (Exemptions from requirement for development approval)—see the Dangerous Substances Act 2004, section 47I.
approved development, for schedule 2 (Permitted construction tolerances)—see schedule 2, section 2.1.
block means—
(a)a block under the Districts Act 2002; or
(b)for land under a land sublease—the land identified in the registered sublease plan.
boundary, for schedule 1, division 1.4.4 (Community gardens)—see schedule 1, section 1.71.
built-up urban area, for schedule 1, (Exemptions from requirement for development approval)—see schedule 1, section 1.2.
class, for a building or other structure, means the class of building or structure under the building code.
class 10a building—
(a)for schedule 1, division 1.4.2 (Non-habitable buildings and other structures)—see schedule 1, section 1.40; and
(b)for schedule 1, division 1.4.4 (Community gardens)—see schedule 1, section 1.71.
class 10b structure, for schedule 1, division 1.4.4 (Community gardens)—see schedule 1, section 1.71.
clearing native vegetation, for schedule 1 (Exemptions from requirement for development approval)—see the Nature Conservation Act 2014, section 234.
community garden, for schedule 1, division 1.4.4 (Community gardens)—see schedule 1, section 1.71.
designated development, in relation to land, for schedule 1 (Exemptions from requirement for development approval)—see schedule 1, section 1.3.
dwelling—see section 6 (1).
exempt development, for schedule 2 (Permitted construction tolerances)—see schedule 2, section 2.1.
exemption declaration—see schedule 1, section 1.131 (1) (d).
existing ground level, in relation to an area, for schedule 1, division 1.4.8 (Schools)—see schedule 1, section 1.101.
existing school, for schedule 1, division 1.4.8 (Schools)—see schedule 1, section 1.102.
existing school campus, for schedule 1 (Exemptions from requirement for development approval)—see schedule 1, section 1.1.
general exemption criteria, for development—see schedule 1, section 1.10.
height, for a thing (including a building or other structure) means—
(a)in relation to finished ground level—the largest of the vertical distances measured at all points for the thing between finished ground level for each point to the top of the thing above the point; or
(b)in relation to datum ground level—the largest of the vertical distances measured at all points for the thing between datum ground level for each point to the top of the thing above the point; or
(c)in relation to something else (the baseline)—the largest of the vertical distances measured at all points for the thing between the baseline for each point to the top of the thing above the point.
native vegetation, for an area, for schedule 1 (Exemptions from requirement for development approval)—see the Nature Conservation Act 2014, section 232.
native vegetation area, for schedule 1 (Exemptions from requirement for development approval)—see the Nature Conservation Act 2014, section 233.
open space boundary, for schedule 1 (Exemptions from requirement for development approval)—see the Act, section 516 (3).
outdoor eating or drinking place, for schedule 1, division 1.4.5 (Outdoor eating or drinking places)—see the Smoke-Free Public Places Act 2003, section 9A.
owner, of land, means, for land under a land sublease, the sublessee.
party wall, for schedule 1 (Exemptions from requirement for development approval)—see the Common Boundaries Act 1981, section 27.
plan area, of a building or other structure, means the total horizontal area of the building or structure if viewed from above.
Examples
1 If viewed from above, the outer edge of a house’s roof gutters, front patio and rear pergola are visible as the building’s outermost perimeter. Therefore, the plan area of the house is the horizontal area bounded by the outer edges of the gutters, pergola and patio.
2 If viewed from above, an office building is a square ring shape with a large open courtyard in the centre. The courtyard does not contain structures that are related to the building. The plan area of the building excludes the area of the courtyard.
playing field, for schedule 1, division 1.4.8 (Schools)—see schedule 1, section 1.101.
public unleased land, for schedule 1 (Exemptions from requirement for development approval)—see the Public Unleased Land Act 2013, section 8.
rear boundary means a boundary that is not a front boundary and does not meet a front boundary.
relevant solar building envelope, in relation to exempt development, means the solar building envelope that would apply under a relevant provision of the territory plan if the development were not exempt.
side boundary means a boundary that meets a front boundary.
surface water—see the Water Resources Act 2007, section 8.
young child, for schedule 1, division 1.4.8 (Schools)—see the Children and Young People Act 2008, section 733 (3).
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Planning (Exempt Development) Regulation 2023 SL2023-21
notified LR 11 September 2023
s 1, s 2 commenced 11 September 2023 (LA s 75 (1))
remainder commenced 27 November 2023 (s 2 and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)as amended by
Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.6
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2)Amendment history
Commencement
s 2om LA s 89 (4)
Definitions—sch 1
sch 1 s 1.1def built-up urban area sub A2023-52 amdt 1.39
Meaning of built-up urban area—sch 1
sch 1 s 1.2om A2023-52 amdt 1.40
Criterion 3—heritage, tree, environment and conservation
sch 1 s 1.13am A2023-52 amdt 1.41
Tree damaging etc activity
sch 1 s 1.137am A2023-52 amdt 1.42, amdt 1.43
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
27 Nov 202327 Nov 2023–
31 Dec 2023not amended new regulation
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0
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