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One of the most common questions we get before starting a deck project: *”Do I need to get council approval?”*
The short answer: **sometimes yes, sometimes no** — and getting it wrong can be costly. Here’s exactly how it works in NSW.
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## Exempt Development: When You Don’t Need Approval
Under the NSW State Environmental Planning Policy (Exempt and Complying Development Codes), many decks can be built as **Exempt Development** — meaning no council approval needed at all.
Your deck qualifies as exempt development if ALL of the following apply:
– The deck is **not more than 1m above ground level** at any point
– It covers **no more than 25m²** in floor area
– It is **not in a heritage-listed area** or a heritage conservation area
– It is **not in a bushfire prone area** (or complies with AS3959 if it is)
– It maintains required **setbacks from boundaries** (generally 900mm from side boundaries)
– It is **not attached to a swimming pool** (pool decks have separate requirements)
If your proposed deck ticks all those boxes — you can build it without any council approval.
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## Complying Development: Fast-Track Approval
If your deck is larger or slightly elevated, it may qualify as **Complying Development** — a faster approval pathway through a private certifier rather than full council DA.
Complying development is usually approved within **10 business days** and is far simpler than a Development Application.
This typically covers decks that are:
– Up to 200m² in area
– Up to 3m above ground level
– Meet setback requirements
– Not in heritage areas
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## Development Application (DA): When Full Approval is Required
You’ll need a full DA from your local council if:
– The deck is very large or elevated
– You’re in a heritage conservation area
– Your property has site-specific controls
– The deck includes a roof or enclosed structure
– It doesn’t meet the exempt or complying development criteria
A DA typically takes **6–12 weeks** and requires architectural drawings, sometimes an engineer’s report, and a council fee.
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## Bushfire Zone Decking in Sydney
If you live in a bushfire prone area (common in the Hills District, Blue Mountains fringe, Sutherland Shire, Northern Beaches and Hawkesbury), there are strict requirements around materials and construction methods.
Not all decking materials are BAL (Bushfire Attack Level) rated. We have specific experience building in bushfire zones and can advise on compliant materials and construction.
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## Our Advice: Don’t Guess
We’ve seen homeowners build beautiful decks — and then face orders to demolish them because they didn’t get the right approval. It’s heartbreaking and expensive.
When we come out for your free quote, we’ll assess your property, check your local council’s requirements and advise you exactly on what approvals — if any — you need. We handle the paperwork so you don’t have to.
**[Book your free consultation →](https://5stardecking.com/contact/)**
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*5 Star Decking — licensed deck builders (Lic: 331800C) serving all of Sydney. We handle everything from design to council compliance.*
