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Do I need council approval for building in New South Wales?

SheShed kitsets are pre-approved as Class 10A non-habitable sheds that can be exempt from requiring development consent when building in most areas of NSW as long as you follow some specific rules. See our summary of the relevant points below, or Click here to read the full NSW legislation.

Please note that this is our best understanding of the rules at the time of writing this article, and as the rules change from time to time and the interpretation may be different in different areas, this article must not be considered as covering all relevant aspects, or taken as legal advice. The SheShed team always recommend you check with your local council if you have any questions about local building requirements.

Answer the 4 quick questions below to test your consent status:

(Click on the toggle-button options below to preview your likely consent status.)

Will your shed be connected to sewerage or water supply services?

No it won't
Yes it will
Good news, no development consent needed yet.
You will need to apply for development consent.

Note: Composting toilets and rainwater collection may be ok, but you'll need to check with your local council as there may be other requirements for these. It's also worth looking into portable shower and toilet units as viable options within the consent rules.

Is your property zoned as rural land?

RU1, RU2, RU3, RU4, RU6 or R5
All other zones
Good news... can build all our kitset sizes without development consent, as long as its at least 5m from each lot boundary.
Still good news... can build all our kitsets that are 20m2 or under without development consent, as long as its at least 900mm from each lot boundary.

Note: If you're building on any zone other than RU1, RU2, RU3, RU4 or RU6, your shed must be "located behind the building line of any road frontage".

Is your property considered to be bushfire prone land?

No, not a bush fire prone area
Yes, is considered a bush fire risk
Great news for you, and no development consent needed.
The good news is... long as you build your shed at least 5 meters from any dwelling, then no development consent is needed.

Are there already 2 or more other developments on your lot?

(Including but not limited to carports, other garden sheds, gazebos and greenhouses etc)

Less than 2 existing developments
Already 2 or more existing developments
No development consent needed yet.
You will need to apply for development consent.

Here are a few more requirements for all sheds built in New South Wales to qualify for an exemption:

  • Be located at least 1 meter from any registered easement.
  • Not be taller than 3 meters.
  • Make sure any roofwater is disposed of without causing a nuisance to adjoining property owners.
  • It cannot interfere with the entry to, or exit from, or the fire safety measures within another building.
  • Not be built in a heritage item.

If you don't meet one of the points above, you might still be able to build your shed, but you will most likely need to check with your local council and/or get planning approval.

If it turns out that you are likely to require planning approval or development consent, don't panic, this does not mean you can't build your SheShed, it just means you need to get more information and may have a few extra requirements to consider.

You can find more information about your next steps here on the New South Wales Planning Portal website.

Do you have any questions?

We would love to help answer those for you!


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