{"id":"sl-2023-21","name":"Planning (Exempt Development) Regulation 2023","slug":"planning-exempt-development-regulation-2023","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"21 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173576,"registerId":"act-sl-2023-21-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"2 General exemption criteria 16","content":"Part 1.2 General exemption criteria 16\n1.10 General exemption criteria 16\n1.11 Criterion 1—easement and other access clearances 17\n1.12 Criterion 2—plumbing and drainage clearances 18\n1.13 Criterion 3—heritage, tree, environment and conservation 19\n1.14 Criterion 4—compliance with lease and agreement collateral to lease 20\n1.15 Criterion 5—no multiple occupancy dwellings 20\n1.16 Criterion 6—affected residential premises 20\n1.17 Criterion 7—compliance with other applicable exemption 21\nPart 1.3 Certain development proposals 22\n1.18 Information about certain development proposals 22\nPart 1.4 Development exempt from development approval 24\nDivision 1.4.1 Minor building works 24\n1.20 Internal alterations of buildings 24\n\nPage\ncontents 3\n1.21 Installation, alteration and removal of low impact external doors and\nwindows in buildings 25\n1.22 Installation, alteration and removal of high impact external doors and\nwindows in buildings 26\n1.23 Exterior refinishing of buildings and other structures 27\n1.24 Street art on buildings and other structures 29\n1.25 Maintenance of buildings and other structures 30\n1.26 Roof slope changes 30\n1.27 Chimneys, flues and vents 31\n1.28 Skylights 31\n1.29 External shades 32\n1.30 External cooling and water heating services 32\n1.31 External photovoltaic panels 33\n1.32 External batteries 34\n1.33 External switchboards 35\n1.34 External area lighting 35\n1.35 Residential leases—driveway crossings of road verges 35\n1.36 Resealing existing driveways 36\n1.37 Temporary buildings and other structures 36\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"4.2 Non-habitable buildings and other structures 37","content":"Division 1.4.2 Non-habitable buildings and other structures 37\n","sortOrder":1},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"4.2.1 Preliminary","content":"Subdivision 1.4.2.1 Preliminary\n1.40 Meaning of class 10a building—div 1.4.2 37\n1.41 Class 10 buildings and other structures—2nd exempt building or other\nstructure in boundary clearance area 38\nSubdivision 1.4.2.2 Class 10a buildings\n1.42 Roofed class 10a buildings—enclosed or open on 1 side 41\n1.43 Roofed class 10a buildings—unenclosed or partly open 42\n1.44 Class 10a buildings—unroofed and unenclosed 44\n1.45 Class 10a buildings—external decks 45\n1.46 Class 10a buildings—external verandahs 46\nSubdivision 1.4.2.3 Class 10b structures\n1.47 Class 10b structures—plan area not more than 2m2 47\n1.48 Fences and freestanding walls generally 48\n1.49 Basic open space boundary fences 49\n\nPage\ncontents 4 Planning (Exempt Development) Regulation 2023\n1.50 Retaining walls 50\n1.51 Swimming pools 52\n1.52 Dish antennas 53\n1.53 Mast antennas 54\n1.54 Flag poles 55\nSubdivision 1.4.2.4 Other structures\n1.55 Water tanks 56\n1.56 External ponds 56\n1.57 Animal enclosures 56\n1.58 Clothes lines 57\n1.59 Shipping containers 58\nDivision 1.4.3 Signs 59\n1.60 Public works signs excluded—div 1.4.3 59\n1.61 Signs attached etc to buildings, other structures and land 59\n1.62 Moveable signs on public unleased land 60\n1.63 Temporary signs 61\n1.64 Signs—information about future urban areas 61\n1.65 Signs—required under Building Act 2004 62\nDivision 1.4.4 Community gardens 62\n1.70 Application—div 1.4.4 62\n1.71 Definitions—div 1.4.4 63\n1.72 Community gardens—class 10a building 65\n1.73 Community gardens—class 10b structures 66\n1.74 Community gardens—boundary clearance area 67\n1.75 Community gardens—water tanks 68\n1.76 Community gardens—ponds 69\n1.77 Community gardens—shade structures 69\nDivision 1.4.5 Outdoor eating or drinking places 69\n1.80 Application—div 1.4.5 69\n1.81 Meaning of outdoor eating or drinking place—div 1.4.5 70\n1.82 Outdoor eating or drinking places—removable objects 70\nDivision 1.4.6 Rural leases 71\n1.85 Rural lease development generally 71\n\nPage\ncontents 5\n1.86 Consolidation of rural leases 72\nDivision 1.4.7 Territory development 72\n1.90 Public works 72\n1.91 Public artworks 75\n1.92 Plantation forestry 77\n1.93 Waterway protection work 77\n1.94 Emergencies affecting public health or safety or property 78\n1.95 Temporary flood mitigation measures 78\nDivision 1.4.8 Schools 79\nSubdivision 1.4.8.1 Preliminary\n1.100 Application—div 1.4.8 79\n1.101 Definitions—div 1.4.8 79\n1.102 Meaning of existing school—div 1.4.8 80\n1.103 Disapplication of criterion 7—div 1.4.8 81\n1.104 Additional exemption criterion—bushfire prone areas 81\n1.105 Activities not development 82\nSubdivision 1.4.8.2 Exemptions—schools\n1.106 Schools—new buildings or alterations to buildings 82\n1.107 Schools—entrances 83\n1.108 Schools—verandahs etc 84\n1.109 Schools—signs 84\n1.110 Schools—artwork on buildings or other structures 85\n1.111 Schools—playground and exercise equipment 86\n1.112 Schools—fences 86\n1.113 Schools—shade structures 87\n1.114 Schools—covered external walkways 88\n1.115 Schools—flag poles 88\n1.116 Schools—water tanks 89\n1.117 Schools—landscape gardening 89\n1.118 Schools—car parks 90\n1.119 Schools—bicycle enclosures 90\n1.120 Schools—toilet and change room facilities 90\n1.121 Schools—driveways 91\n1.122 Schools—security cameras 91\n\nPage\ncontents 6 Planning (Exempt Development) Regulation 2023\n1.123 Schools—external lighting 91\n1.124 Schools—demountable and transportable buildings 91\n1.125 Schools—class 10b structures 91\nDivision 1.4.9 Other exemptions 92\n1.130 Compliant single dwellings 92\n1.131 Single dwellings where declaration authorises minor non-compliance 93\n1.132 Single dwellings—demolition 96\n1.133 Buildings and other structures—demolition 96\n1.134 Rebuilding damaged buildings and other structures 97\n1.135 Affected residential premises—work essential for health, safety or\nreasonable living conditions 101\n1.136 Home businesses conducted from residential leases 101\n1.137 Tree damaging etc activity 102\n1.138 Landscape gardening 103\n1.139 Utility and telecommunications services 105\n1.140 Electric-powered vehicle charging points 109\n1.141 Bores 111\n1.142 Works under Water Resources Act by non-territory entities 111\n1.143 Temporary use of land for emergency services training etc 111\n1.144 Subdivisions—Unit Titles Act 2001 113\n1.145 Designated areas—development not involving lease variations 113\nPart 1.5 Permitted open space boundary fence colours 114\nPart 1.6 Tables of exempt signs 117\nSchedule 2 Permitted construction tolerances 122\nPart 2.1 Interpretation—sch 2 122\n2.1 Definitions—sch 2 122\nPart 2.2 Permitted construction tolerances 122\n2.2 Horizontal siting tolerances for buildings and other structures 122\n2.3 Height tolerances for buildings and other structures 124\n\nPage\ncontents 7\nDictionary 127\n1 About the endnotes 132\n2 Abbreviation key 132\n3 Legislation history 133\n4 Amendment history 133\n5 Earlier republications 134\n\n1 Name of regulation\nThis regulation is the Planning (Exempt Development)\nRegulation 2023.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘surface water—see the Water\nResources Act 2007, section 8.’ means that the term ‘surface water’ is\ndefined in section 8 of that Act and the definition applies to this\nregulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Terms defined in territory plan","content":"5 Terms defined in territory plan\nA term defined in the territory plan as in force from time to time has\nthe same meaning in this regulation.\n\nPreliminary Part 1\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of dwelling","content":"6 Meaning of dwelling\n(1) In this regulation:\ndwelling—\n(a) means a class 1 building, or a self-contained part of a class 2\nbuilding, that—\n(i) includes the following that are accessible from within the\nbuilding, or the self-contained part of the building:\n(A) at least 1 but not more than 2 kitchens;\n(B) at least 1 bath or shower;\n(C) at least 1 toilet pan; and\n(ii) does not have access from another building that is either a\nclass 1 building or the self-contained part of a class 2\nbuilding; and\n(b) includes any ancillary parts of the building and any class 10a\nbuildings associated with the building.\nkitchen does not include outdoor cooking facilities or a barbeque in\nan enclosed garden room.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Exempt development—Act, s 145 (1), def exempt","content":"7 Exempt development—Act, s 145 (1), def exempt\ndevelopment, par (a) (ii)\n(1) The following development is exempt from requiring development\napproval:\n(a) development that complies with schedule 1 (Exemptions from\nrequirement for development approval);\n(b) development that would comply with schedule 1 apart from a\npermitted construction tolerance;\n(c) development that changes development that is exempt under this\n(i) the development has not been completed; and\n(ii) the change would not need development approval if it were\nmade after completion of the development;\n(d) development that changes development that is exempt under this\n(i) the development has not been completed; and\n(ii) the change consists of adding exempt development to the\ndevelopment;\n(e) development that can be notionally separated into components,\neach of which is exempt development (composite development).\nExample—composite development\nDevelopment consists of a dwelling with a garage, windows, doors, chimney\nand an aerial (the components). As each of the components is exempt\ndevelopment, the composite development is exempt development.\n\nExempt development Part 2\n(2) Also, development is exempt from requiring development approval\nif—\n(a) it changes development covered by an existing development\napproval; and\n(b) the change—\n(i) is a permitted construction tolerance; or\n(ii) would not need development approval if it were made after\ncompletion of the development; or\n(iii) consists of adding exempt development to the\ndevelopment.\nExample—s (1) (c) and s (2) (b) (ii)\nConstruction of a dwelling that is exempt development is in progress. The\ndeveloper wishes to change the slope of the roof by less than 5° (see sch 1,\ns 1.26). The developer may construct the dwelling with the changed roof\nslope without seeking approval for the change.\nExample—s (1) (d) and s (2) (b) (iii)\nConstruction of a dwelling that is exempt development is in progress. The\ndeveloper wishes to incorporate a skylight that complies with the conditions\nin sch 1, s 1.28, and so is exempt development. The developer may construct\nthe dwelling with the skylight without seeking approval for the skylight.\n(3) However, subsection (1) (c), (d) and (e) and subsection (2) (b) (ii) and\n(iii) do not apply in relation to development if the change or\ncomposite development results in non-compliance with 1 or more of\nthe following:\n(a) schedule 1, section 1.15 (Criterion 5—no multiple occupancy\ndwellings);\n(b) the requirement under schedule 1, section 1.41 (Class 10\nbuildings and other structures—2nd exempt building or other\nstructure in boundary clearance area) that there be not more than\n2 exempt class 10 buildings in a boundary clearance area in\nconjunction with schedule 1, section 1.17 (Criterion 7—\ncompliance with other applicable exemption);\n\n(c) the requirement under schedule 1, section 1.130 (Compliant\nsingle dwellings) that there be not more than 1 dwelling on a\nblock.\ndesignated development, in relation to land—see schedule 1,\nsection 1.3.\npermitted construction tolerance means development—\n(a) that consists only of a matter to which schedule 2 (Permitted\nconstruction tolerances) applies; and\n(b) that complies with the criteria for the matter in schedule 2; and\n(c) if the development is designated development—complies with\nthe general exemption criteria that are applicable to the\ndevelopment (except to the extent that a development approval\nallows the development to not comply with the criteria).\nNote 1 For other exemptions, see the Act, s 147 (Exempt development—\nauthorised use).\nNote 2 Development that is significant development cannot be exempt\ndevelopment (see Act, s 145 (2) (a)) and development approval must be\nobtained. For provisions about development approval, see the Act, pt 7.6.\nNote 3 Under the Act, s 145 (2) (b), exempt development does not include\ndevelopment that is inconsistent with an essential design element\nidentified in a development approval.\nNote 4 The development may still need building approval, or further building\napproval, under the Building Act 2004.\nNote 5 The development must also comply with the lease for the land on which\nit is carried out.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Approval of exemption assessment application—Act,","content":"8 Approval of exemption assessment application—Act,\ns 151 (2) (b)\nIf an application for an exemption assessment is made by someone\nother than the lessee of the land to which the exemption assessment\nrelates, the application must be approved, in writing, by the\n(a) if the land to which the application relates is subject to a lease—\nthe lessee of the land;\n(b) if the land to which the application relates is public land or\nunleased land—the custodian for the land;\n(c) in any other case—the territory planning authority.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Information for exemption assessment application—Act,","content":"9 Information for exemption assessment application—Act,\nThe following information is prescribed:\n(a) in relation to the parcel—\n(i) the block and section number and division; and\n(ii) the street name and number; and\n(iii) if the land is under a land sublease—the sublease plan\nnumber;\n(b) in relation to the applicant—\n(i) the applicant’s name; and\n(ii) if the applicant is a company registered under the\nCorporations Act—the ACN for the company under that\nAct; and\n(iii) the applicant’s contact details;\n\n(c) a brief description of the development;\n(d) whether the development has been carried out and, if so, the start\nand completion dates of the development.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Plans for exemption assessment application—Act,","content":"10 Plans for exemption assessment application—Act,\nThe following plans are prescribed:\n(a) one copy of the plans for the development in electronic form;\n(b) if the person to whom the application is made asks for paper\ncopies of the plans—3 copies.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Documents for exemption assessment application—Act,","content":"11 Documents for exemption assessment application—Act,\n(1) This section applies if an application is made for an exemption\nassessment relating to a development proposal to which schedule 1,\nsection 1.18 (Information about certain development proposals)\n(2) The following documents are prescribed:\n(a) a written notice that schedule 1, section 1.18 has been complied\nwith;\n(b) a copy of the written information given under schedule 1,\nsection 1.18.\nExample—written notice\na copy of any form prepared for sch 1, s 1.18 and a statement about how and when\nit was given\n\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Content of exemption assessment D notice—Act,","content":"12 Content of exemption assessment D notice—Act,\ns 152 (2) (b) (ii)\nThe following details are prescribed:\n(a) a summary of the information used by the exemption assessor\nfor the exemption assessment;\n(b) if the exemption assessor concludes that the development is an\nexempt development—\n(i) whether the development is exempt from requiring\ndevelopment approval under section 7 or the Act,\nsection 147 (Exempt development—authorised use); and\n(ii) for development exempt from requiring development\napproval under section 7—\n(A) any other provision of this regulation relied on by the\nexemption assessor to conclude that the development\nis an exempt development; and\n(B) if any provision of this regulation applies a provision\nof the territory plan in relation to the development—\ninformation identifying the relevant territory plan\nprovision; and\n(C) a statement that the provision is satisfied;\n(c) the exemption assessor’s name, endorsement and licence\nnumber;\n(d) the date of the notice;\n(e) if the development has already been carried out—the start and\ncompletion dates of the development.\n\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Documents for exemption assessment D notice—Act,","content":"13 Documents for exemption assessment D notice—Act,\ns 152 (2) (b) (ii)\n(1) The following documents are prescribed:\n(a) a copy of any plans used by the exemption assessor for the\nexemption assessment;\n(b) if the exemption assessor concludes that a single dwelling is\nexempt under schedule 1, section 1.130 (Compliant single\ndwellings)—a copy of the survey certificate used by the\nexemption assessor for the exemption assessment.\n(2) If the exemption assessor concludes that the development is an\nexempt development—\n(a) the exemption assessor must endorse, date and mark the\nexemption assessor’s licence number on each page of the plans;\nand\n(b) the exemption must be marked on, or attached to, or partly\nmarked on or partly attached to, each page of the plans.\n(3) However, if it is impractical to meet the requirement mentioned in\nsubsection (2) (b) because of the size of the plans, the exemption\nassessor may instead indicate on each page of the plans that details of\nthe exemption are in the exemption assessment D notice.\n(4) Each page of a document attached to an exemption assessment D\nnotice—\n(a) if it is the only document attached—must be paginated with\nreference to the total number of pages in the document; or\n\n(b) if more than 1 document is attached—must be paginated\nconsecutively with reference to the combined total number of\npages in the documents.\nAn exemption assessment D notice has 3 attached documents that total\n25 pages when combined. Each page of the attachments, starting from the\nfirst page, is numbered as ‘page 1 of 25’, ‘page 2 of 25’ and so on, until the\nlast page of the final attachment which is numbered ‘page 25 of 25’.\n\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Territory planning authority may declare development","content":"14 Territory planning authority may declare development\ncontrols\n(1) The territory planning authority may declare, for this regulation, a\ncontrol (a development control) for the following:\n(a) the development of single dwelling housing in residential zones\n(residential zones—single dwelling housing development\ncontrol);\n(b) the design, content and positioning of signs (signs development\ncontrol);\n(c) fire safety requirements in relation to designated development\nfor electric-powered vehicle charging points (EV charging\npoints—fire safety development control).\n(2) A declaration is a notifiable instrument.\ndesignated development, in relation to land—see schedule 1,\nsection 1.3.\n\nPreliminary Part 1.1\nSection 1.1\n","sortOrder":14},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Exemptions from requirement","content":"Schedule 1 Exemptions from requirement\nfor development approval\n(see s 7)\nPart 1.1 Preliminary\n1.1 Definitions—sch 1\naffected residential premises—see the Dangerous Substances\nAct 2004, section 47I.\nbuilt-up urban area—see the Urban Forest Act 2023, section 8.\nclearing native vegetation—see the Nature Conservation Act 2014,\nsection 234.\ndesignated development, in relation to land—see section 1.3.\nexisting school campus means the grounds, including the boundary,\nof an existing school.\nnative vegetation, for an area,—see the Nature Conservation\nAct 2014, section 232.\nnative vegetation area—see the Nature Conservation Act 2014,\nsection 233.\nopen space boundary—see the Act, section 516 (3).\nparty wall—see the Common Boundaries Act 1981, section 27.\npublic unleased land—see the Public Unleased Land Act 2013,\nsection 8.\n\nPart 1.1 Preliminary\nSection 1.3\n1.3 Meaning of designated development—sch 1\ndesignated development, in relation to land, means—\n(a) building, altering or demolishing a building or other structure on\nthe land; or\n(b) carrying out earthworks or other construction work on or under\nthe land; or\n(c) carrying out work that would affect the landscape of the land.\n1.4 Diagrams—sch 1\nA diagram of something in this schedule is an illustrative example of\nthe thing, but does not represent its dimensions or the dimensions of\nany part of it (or its comparative size in relation to something else).\nNote A diagram in this regulation is part of the regulation (see Legislation Act,\ns 126 (4)).\n1.5 Inconsistency between territory plan provisions and this\nschedule\n(1) This section applies if this schedule—\n(a) applies to development; and\n(b) applies a territory plan provision in relation to the development;\nand\n(c) is inconsistent with the territory plan provision.\n(2) This schedule prevails over the territory plan provision to the extent\nof the inconsistency.\n\nPreliminary Part 1.1\nSection 1.6\n1.6 Exemption does not affect other territory laws\n(1) An exemption under this schedule in relation to development does not\naffect the operation of any other territory law relating to land use or\nthe provision of services for the development.\nExamples—laws not affected\n• Building Act 2004\n• Electricity Safety Act 1971\n• Scaffolding and Lifts Act 1912\n• Utilities Act 2000\n• Water and Sewerage Act 2000\n(2) To remove any doubt, the following provisions of this schedule do\nnot limit the operation of subsection (1):\n(a) section 1.13 (Criterion 3—heritage, tree, environment and\n(b) section 1.14 (Criterion 4—compliance with lease and agreement\ncollateral to lease).\n\nSection 1.10\n1.10 General exemption criteria\n(1) Development mentioned in part 1.4 (Development exempt from\ndevelopment approval) is exempt from requiring development\napproval if it meets each of the following criteria (the general\nexemption criteria):\n(a) section 1.11 (Criterion 1—easement and other access\nclearances);\n(b) section 1.12 (Criterion 2—plumbing and drainage clearances);\n(c) section 1.13 (Criterion 3—heritage, tree, environment and\n(d) section 1.14 (Criterion 4—compliance with lease and agreement\ncollateral to lease);\n(e) section 1.15 (Criterion 5—no multiple occupancy dwellings);\n(f) section 1.16 (Criterion 6—affected residential premises);\n(g) section 1.17 (Criterion 7—compliance with other applicable\nexemption).\n(2) However, if a provision in part 1.4 provides that a criterion does not\napply to the development, the development is exempt from requiring\ndevelopment approval despite not meeting the criterion.\nExample—s (2)\nSection 1.20 (2) disapplies the criterion in s 1.17. Therefore, designated\ndevelopment mentioned in s 1.20 (1) need not meet criterion 7 to be exempt from\nrequiring development approval.\n\nSection 1.11\n1.11 Criterion 1—easement and other access clearances\n(1) Development must not cause any part of a building or other structure\nto be located in—\n(a) an easement or proposed easement; or\n(b) a utility infrastructure access or protection space.\n(2) Subsection (1) (a) does not apply if the location of a part of a building\nor other structure in an easement or proposed easement is agreed to,\nin writing, by—\n(a) for an easement—\n(i) the owner of the land benefited by the easement; or\n(ii) the person in whose favour the easement is registered; and\n(b) for a proposed easement—\n(i) the person who, on registration of the easement, would be\nthe owner of the land benefited by the easement; or\n(ii) the person in whose favour the easement is proposed to be\nregistered.\n(3) Subsection (1) (b) does not apply if the location of a part of a building\nor other structure in a utility infrastructure access or protection space\nis agreed to, in writing, by the utility benefited by the utility\ninfrastructure access or protection space.\neasement means an easement registered on the land titles register.\nproposed easement means a proposed easement shown on a deposited\nplan under the Districts Act 2002 or units plan under the Unit Titles\nAct 2001.\nutility—see the Utilities Act 2000, dictionary.\n\nSection 1.12\nutility infrastructure access or protection space means the space\nrequired under a utility rule—\n(a) for a utility to have access to its infrastructure; or\n(b) to protect or maintain clearances from utility infrastructure, for\nexample, water supply pipes, sewerage systems, gas pipes and\nelectricity conductors.\n","sortOrder":15},{"sectionNumber":"1","sectionType":"section","heading":"The electricity service and installation rules made under the Utilities","content":"1 The electricity service and installation rules made under the Utilities\n(Technical Regulation) Act 2014 require buildings or other structures to be\nkept clear of power lines by a stated dimension, to protect the powerlines from\ndamage or to protect the electricity supply from interruption.\n","sortOrder":16},{"sectionNumber":"2","sectionType":"section","heading":"The water and sewerage service and installation rules made under the Utilities","content":"2 The water and sewerage service and installation rules made under the Utilities\n(Technical Regulation) Act 2014 require access to stated utility infrastructure\nat the rear of a block not to be impeded by structures and an unhindered access\nroute to the infrastructure of a stated width to be provided down at least one\nside of the block.\nutility rule means a rule, as in force from time to time, made under a\ntechnical code, as in force from time to time, made under the Utilities\n(Technical Regulation) Act 2014.\nNote Technical codes made under the Utilities (Technical Regulation)\nAct 2014 are accessible at www.legislation.act.gov.au. Rules for the\nservice and installation of water and sewerage are accessible at\nwww.iconwater.com.au. Rules for the service and installation of\nelectricity are accessible at www.actewagl.com.au.\n1.12 Criterion 2—plumbing and drainage clearances\nDevelopment must not cause a clearance for a pipe fitting opening or\npipe fitting outlet to contravene AS/NZS 3500 (Plumbing and\ndrainage set) as in force from time to time.\nExample\nA sewer vent must be above the surrounding surface. Development must not create\na situation where surface water can flow into the vent.\nNote AS/NZS 3500 does not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see Act, s 523 (4) and Legislation Act,\ns 47 (7)). The standard may be purchased at www.standards.org.au.\n\nSection 1.13\n1.13 Criterion 3—heritage, tree, environment and conservation\n(1) Development must not contravene any of the following:\n(a) the Environment Protection Act 1997;\n(b) the Heritage Act 2004;\n(c) the Nature Conservation Act 2014;\n(d) the Urban Forest Act 2023.\nNote Other applicable laws must also be complied with (see s 1.6).\n(2) Development must not—\n(a) be located at a place or on an object included in the heritage\nregister or under a heritage agreement; or\n(b) cause any part of a building or other structure to be located at a\nplace or on an object included in the heritage register or under a\nheritage agreement.\n(3) Subsection (2) does not apply if the heritage council gives the\nterritory planning authority written advice that, in the council’s\nopinion, the development—\n(a) will not diminish the heritage significance of the place or object;\nor\n(b) is in accordance with—\n(i) heritage guidelines; or\n(ii) a conservation management plan approved by the council\nunder the Heritage Act 2004, section 61K; or\n(c) is an activity described in a statement of heritage effect approved\nby the council under the Heritage Act 2004, section 61H.\nconservation management plan—see the Heritage Act 2004,\ndictionary.\n\nSection 1.14\nheritage agreement—see the Heritage Act 2004, section 99.\nheritage guidelines—see the Heritage Act 2004, section 25.\nheritage register—see the Heritage Act 2004, section 20.\nNote The ACT Heritage Register is accessible at www.environment.act.gov.au.\nheritage significance—see the Heritage Act 2004, section 10.\nstatement of heritage effect—see the Heritage Act 2004,\nsection 61G.\n1.14 Criterion 4—compliance with lease and agreement\ncollateral to lease\nDevelopment must not be inconsistent with—\n(a) a provision of a lease to which the development relates; or\n(b) an agreement collateral to the grant of a lease to which the\ndevelopment relates.\na land management agreement (see Act, s 350 (2) (a))\n1.15 Criterion 5—no multiple occupancy dwellings\nDevelopment must not increase the number of dwellings on a block\nto 2 or more dwellings.\n1.16 Criterion 6—affected residential premises\n(1) Development must not involve affected residential premises unless\nthe development is for the following:\n(a) the demolition of an affected building on the premises, including\nasbestos removal related to the demolition;\n(b) work essential for health, safety or reasonable living conditions\nat affected residential premises.\n\nSection 1.17\n(2) The Minister may make guidelines about work mentioned in\nsubsection (1) (b).\n(3) A guideline is a notifiable instrument.\naffected building—see the Dangerous Substances Act 2004,\nsection 47I.\n1.17 Criterion 7—compliance with other applicable exemption\nIf 2 or more provisions in part 1.4 (Development exempt from\ndevelopment approval) apply to development, the development must\ncomply with each applicable provision.\nExamples—other provisions applying to development\n1 changing a house roof from metal sheet to tiles (see s 1.23) must also comply\nwith s 1.26 (Roof slope changes)\n2 the replacement of a roof flue for a building (see s 1.23) must also comply with\ns 1.27 (Chimneys, flues and vents)\n\nPart 1.3 Certain development proposals\nSection 1.18\nPart 1.3 Certain development proposals\n1.18 Information about certain development proposals\n(1) This section applies—\n(a) in relation to a development proposal for—\n(i) development mentioned in section 1.130 (Compliant single\ndwellings) or section 1.131 (Single dwellings where\ndeclaration authorises minor non-compliance); or\n(ii) development mentioned in section 1.132 (Single\ndwellings—demolition) if the development is not required\nto be carried out urgently to address a risk of death or injury\nto a person, serious harm to the environment or significant\ndamage to property; and\n(b) if—\n(i) a place (the adjoining place) other than unleased land\nadjoins the place (the developing place) to which the\ndevelopment proposal relates; and\n(ii) the adjoining place has 1 or more dwellings on it.\n(2) The proponent of the development proposal must take reasonable\nsteps to give written information about the proposal to an occupier\n(a resident) of each dwelling.\n(3) The written information must include the following:\n(a) site plans and elevation plans for the development proposal;\n(b) if any point of a building or other structure in the proposal\nextends beyond any relevant solar building envelope\n(an encroachment)—shadow diagrams of the encroachment;\n(c) any additional information required by the territory planning\nauthority and included in a notice published on the authority\nwebsite.\n\nCertain development proposals Part 1.3\nSection 1.18\n(4) However, the proponent need not give written information to a\nresident of a dwelling on an adjoining place if the resident is the\nproponent or a person for whom the proponent has been appointed to\nact as agent.\n(5) The proponent may give the written information to a resident of a\ndwelling by leaving it at the dwelling.\n1 if the dwelling is an apartment—leaving it in the letterbox for the apartment\n2 placing it under a door that gives access into the dwelling\nNote The written information may be given in other ways (see Legislation Act,\npt 19.5).\n(6) In this section:\nadjoins—a place adjoins another place if the place touches the other\nplace, or is separated from the other place only by a road, reserve,\nriver, watercourse or similar division.\nresident, of a dwelling, includes a person believed on reasonable\ngrounds to be occupying the dwelling.\nNote 1 If an application is made for an exemption assessment D notice relating\nto a development proposal to which this section applies, the application\nmust include a written notice that this section was complied with\n(see s 11 (2) (a)).\nNote 2 If an application is made for building approval for building work, and the\ndevelopment to which the building work relates is a development\nproposal to which this section applies, the application must be\naccompanied by a written notice that this section was complied with\nwithin 2 years before the day the application is made (see Building\nAct 2004, s 26 (2) (h)).\nNote 3 If building work the subject of an application for an exemption\nassessment B notice relates to a development proposal mentioned in s (1)\n(a) (i), the application must be accompanied by a written notice that this\nsection was complied with within 2 years before the day the application\nis made (see Building (General) Regulation 2008, s 7B (2)).\n\nSection 1.20\nPart 1.4 Development exempt from\ndevelopment approval\nNote In order to be exempt from requiring development approval, development\nmust comply with each of the general exemption criteria, unless a\nprovision in this part provides that a criterion does not apply to the\ndevelopment (see s 1.10 (General exemption criteria)).\n1.20 Internal alterations of buildings\n(1) Designated development for the internal alteration of a building if the\nalteration does not do either of the following:\n(a) change the building’s class under the building code;\n(b) increase the gross floor area of a non-residential building.\nnon-residential building means a building, or part of a building, that\nis—\n(a) not used for residential purposes; and\n(b) not a class 10 building associated with a building used for\nresidential purposes.\n\nSection 1.21\n1.21 Installation, alteration and removal of low impact external\ndoors and windows in buildings\nDesignated development for the installation, alteration or removal\n(the relevant change) of an external door or window in a building\nif—\n(a) the height of the building’s finished floor level, or other\ntrafficable surface, immediately adjacent to the relevant change\nis not more than 1m above datum ground level; and\nExample—trafficable surface\npaving\n(b) if the relevant change is to an existing door or window—the\nrelevant change involves no more than the following:\n(i) replacing the door or window with either a door or a\nwindow without changing the width of the opening in the\nwall;\n(ii) increasing the width of the door or window by not more\n(iii) increasing the height of the door or window by not more\n(iv) reducing the height or width, or both, of the window or\ndoor;\n(v) installing a wall instead of the door or window or a part of\nthe door or window; and\nan existing window is replaced by a door that is 200mm higher and 300mm\nwider than the window\nNote The change in relation to the door or window need not involve all\nof the matters mentioned in par (b).\n\nSection 1.22\n(c) if the relevant change is not to an existing door or window—the\nrelevant change involves no more than removing part of a wall\nand installing a door or window with an external horizontal\nopening of not more than 2m; and\n(d) no part of the relevant change is less than either of the following\nfor the block on which the building is located:\n(i) 1.5m from a side boundary;\n(ii) 3m from a rear boundary.\n1.22 Installation, alteration and removal of high impact\nexternal doors and windows in buildings\nDesignated development for the installation, alteration or removal\n(the relevant change) of an external door or window in a building\nif—\n(a) the height of the building’s finished floor level, or other\ntrafficable surface, immediately adjacent to the relevant change\nis 1m or more above datum ground level; and\nNote See the example to s 1.21 (a).\n(b) the relevant change involves no more than the following:\n(i) replacing the door or window with either a door or a\nwindow without changing the width of the opening in the\nwall;\n(ii) increasing the width of the door or window by not more\n(iii) increasing the height of the door or window by not more\n\nSection 1.23\n(iv) reducing the height or width, or both, of the window or\ndoor;\n(v) installing a wall instead of the door or window or a part of\nthe door or window; and\nNote The change in relation to the door or window need not involve all\nof the matters mentioned in par (b).\n(c) no part of the relevant change is less than either of the following\nfor the block on which the building is located:\n(i) 1.5m from a side boundary;\n(ii) 3m from a rear boundary.\n1.23 Exterior refinishing of buildings and other structures\n(1) Designated development for altering the exterior material or finish of\na building or other structure if the alteration involves—\n(a) painting the exterior of the building or other structure to change\nits appearance, other than—\n(i) painting a design, sign or street art on the exterior of the\nbuilding or structure; or\nNote For signs, see s 1.61 and for street art, see s 1.24.\n(ii) painting the building for maintenance; or\nNote For maintenance, see s 1.25.\n\nSection 1.23\n(b) replacing or covering an exterior item (other than an excluded\nitem) of the building or other structure with the same or a\ndifferent material.\nExamples—par (b)\n1 changing a house roof from metal sheet to tile\n2 changing weatherboard cladding to brick-veneer\n3 rendering exterior brickwork with cement render\nexcluded item means—\n(a) an external door or window; or\n(b) a skylight for a building.\nexterior item means any of the following on the exterior of a building\nor other structure:\n(a) a wall, sill or fascia or an eave lining;\n(b) a downpipe or flashing or guttering;\n(c) trim;\n(d) roofing or a roof duct, flue, gutter or vent;\n(e) a vent pipe;\n(f) a step or landing;\n(g) a handrail or balustrade or other barrier that functions as a\nbalustrade;\n(h) a pole or post.\nstructure does not includes a fence for an open space boundary.\nNote 1 For external doors and windows, see s 1.21 and s 1.22 and for skylights,\nsee s 1.28.\nNote 2 Changing the external appearance, material or finish of a building or other\n\nSection 1.24\n1.24 Street art on buildings and other structures\n(1) Designated development for altering the exterior of a building or\nother structure by painting, marking or otherwise affixing street art\non the building or other structure, if—\n(a) the building or other structure is not in a residential zone; and\n(b) the lessee or custodian of the land on which the building or other\nstructure is located has agreed, in writing, to the street art; and\n(c) the street art—\n(i) does not project more than 30mm from a wall or other\nsurface; and\n(ii) does not include material that discriminates against or\nvilifies any person or group; and\n(iii) does not include material that is offensive or sexually\nexplicit; and\n(iv) does not include advertising material; and\n(v) is not a sign; and\nNote A sign may be exempt under s 1.61.\n(vi) is not illuminated or animated; and\n(vii) does not incorporate a moving or changing display or\nmessage; and\n(viii) does not use reflective paint or other reflective material;\nand\n(ix) is not more than 6m in height.\nExample—street art on a building or other structure\nmural painted on the external wall of a building\n\nSection 1.25\nNote 1 A public artwork may also be exempt under s 1.91.\nNote 2 An artwork on a building or other structure in an existing school campus\nmay also be exempt under s 1.110 (Schools—artwork on buildings or\nother structures).\n1.25 Maintenance of buildings and other structures\n(1) Designated development (other than development to which\nsection 1.23 applies) for the maintenance of a building or other\nstructure if the maintenance does not involve changing the kind of\nmaterial used for the part of the building or other structure to which\nthe maintenance relates.\nExamples—maintenance\n1 replacing a building’s rotted timber window frames to maintain the building’s\nappearance and to weatherproof the building\n2 repairing a building’s plant and equipment\n3 painting a building to maintain the building’s appearance\nstructure, or replacing items such as windows, may be subject to other\nlaws, including heritage laws and energy efficiency provisions of\nbuilding laws.\n(2) Section 1.13 (Criterion 3—heritage, tree, environment and\nconservation) does not apply to the designated development.\n1.26 Roof slope changes\nDesignated development for changing the slope of all or part of a\nbuilding’s roof if the change does not do any of the following:\n(a) change the slope by more than 5o;\n\nSection 1.27\n(b) cause the roof to project beyond any relevant solar building\nenvelope;\n(c) increase the volume or floor area of an existing attic;\n(d) create a new attic.\n1.27 Chimneys, flues and vents\nDesignated development for a chimney, flue or vent for a building if\nthe chimney, flue or vent—\n(a) penetrates, or is attached to, the building’s roof; and\n(b) does not extend more than 1.5m above the lowest point of the\nroof where the chimney, flue or vent penetrates, or attaches to,\nthe roof.\nExample—chimney that is exempt development\nA chimney penetrates a sloping roof. The vertical distance from the top of the\nchimney to the point where the chimney emerges from the roof’s surface, on the\ndownhill side of the chimney, is 1.45m.\n1.28 Skylights\nDesignated development for a skylight in the roof of a building if—\n(a) the external area of the skylight is not more than 2m2; and\n(b) the skylight does not project more than 150mm above the\nsurface of the roof adjacent to the skylight; and\n(c) the skylight does not project beyond any relevant solar building\nenvelope.\n\nSection 1.29\n1.29 External shades\n(1) Designated development for an external shade if the external shade,\nwhen opened to its full capacity, is within the boundary of the block.\nexternal shade—\n(a) means a device used to shade a window or door externally; and\n(b) includes a pole, post or any other item associated with an\nexternal shade; but\n(c) does not include an eave.\nExamples—external shades\nawning, blind, louvre, shutter\n1.30 External cooling and water heating services\n(1) Designated development for an externally mounted service for a\nblock if—\n(a) no part of the service is within 1.5m of a side boundary or rear\n(b) if the service is mounted on a roof—\n(i) the distance from the top of the service to the closest point\nof the roof is not more than 1.5m; and\n(ii) the service does not project beyond any relevant solar\n(c) if the service is mounted on the ground—no part of the service\nis between a front boundary and a building line for the block.\nNote Noise emitted from things, including external cooling and water heating\nservices, is regulated under the Environment Protection Regulation 2005.\n\nSection 1.31\nservice—\n(a) means an air conditioner, evaporative cooler or solar water\nheater; and\n(b) includes the support structures (if any) for the air conditioner,\nevaporative cooler or solar water heater.\nsolar water heater—see the Building (General) Regulation 2008,\n1.31 External photovoltaic panels\n(1) Designated development for an externally mounted photovoltaic\npanel for a block if—\n(a) no part of the panel is within 1.5m of a side boundary or rear\n(b) no part of the panel projects beyond any relevant solar building\nenvelope; and\n(c) if the panel is a protruding panel on a block to which no solar\nbuilding envelope would apply under the relevant performance\noutcome of the territory plan—\n(i) no part of the panel is more than 300mm above the closest\npoint of the roof; or\n(ii) no part of the panel restricts solar access to another block;\nand\n(d) if the panel is mounted on the ground—no part of the panel is\nbetween a front boundary and a building line for the block.\n\nSection 1.32\nprotruding panel means a roof mounted photovoltaic panel any part\nof which is higher than a plane projected at 30° above horizontal from\na height of 3m above datum ground level at a boundary of the block.\nrestrict—a protruding panel on a block restricts solar access to\nanother block if, on the winter solstice when the sun’s angle is 30°\nabove the horizon, the shadow cast by the panel at datum ground level\non the other block is larger than the shadow that would be cast on the\nother block by the roof if the protruding panels were not mounted on\nit.\n1.32 External batteries\n(1) Designated development for an externally mounted battery on a block\nif—\n(a) no part of the battery is—\n(i) between a front boundary and a building line for the block;\nor\n(ii) within 1.5m of a side boundary or rear boundary of the\n(b) if the battery is mounted on a wall or on the ground adjacent to\na wall—the battery is not higher than the wall; and\n(c) the total capacity of the battery is not more than 50kW; and\n(d) the cumulative volume of the battery, excluding the charge\ncontroller and inverter, is not more than 0.4m3; and\n(e) no component of the battery is more than—\n(i) a height of 2.5m; or\n(ii) a width of 2m; or\n(iii) a depth of 1m; and\n\nSection 1.33\n(f) the battery is not installed in a way that deviates from the\nspecifications for its design and use.\nNote Noise emitted from things, including batteries, is regulated under the\nEnvironment Protection Regulation 2005.\nbattery includes the support structures (if any) for the battery.\n1.33 External switchboards\nDesignated development for a switchboard on the exterior of a\nbuilding.\n1.34 External area lighting\n(1) Designated development for area lighting on the exterior of a\nbuilding.\nNote Other laws, including the Environment Protection Act 1997, apply in\nrelation to the emission of electromagnetic radiation, including light.\narea lighting means lighting to assist people to avoid obstacles while\nmoving around the exterior of a building.\n1.35 Residential leases—driveway crossings of road verges\n(1) Designated development for a driveway across a road verge for a\nresidential lease granted for a single dwelling if—\n(a) only 1 dwelling has been built on the lease and a development\napplication for another dwelling has not been made in relation\nto the lease; and\n(b) the construction of the driveway will result in not more than\n2 driveways across the road verge for the lease; and\n\nSection 1.36\n(c) the director-general of the administrative unit responsible for\nmunicipal services has agreed, in writing, to the construction of\nthe driveway; and\n(d) the driveway is constructed in accordance with the agreement.\nroad verge means the area between the trafficable part of a road and\nthe boundary of a lease adjacent to the road.\nNote This item does not apply to that part of a driveway that is on the\nresidential lease, but other provisions in this schedule might apply to that\npart of a driveway.\n1.36 Resealing existing driveways\nDesignated development for resealing an existing driveway if 1 or\nmore of the following materials is used:\n(a) concrete (including coloured or patterned concrete);\n(b) bitumen;\n(c) pavers, including bricks;\n(d) timber;\n(e) grass, including stabilising treatment.\nNote A driveway in an existing school campus may also be exempt under\ns 1.121 (Schools—driveways).\n1.37 Temporary buildings and other structures\n(1) Designated development for a temporary, portable or demountable\nbuilding or other structure if—\nNote For shipping containers, see s 1.59.\n(a) the building or other structure is for use at the site of another\ndevelopment or an event; and\n\nSection 1.40\n(b) if the building or other structure is for use at the site of another\ndevelopment—the building or other structure is associated with\ncarrying out the other development; and\n(c) the building or other structure is removed before the end of the\nlonger of the following periods:\n(i) 1 year after the day the designated development for the\nbuilding or other structure begins;\n(ii) if the territory planning authority extends, in writing, the\n1-year period—the period as extended.\nevent means a fair, circus, carnival, celebration, market, show,\nconcert, display, exhibition, competition, training event, recreational\nevent or publicity event or similar activity.\nDivision 1.4.2 Non-habitable buildings and other\nstructures\nSubdivision 1.4.2.1 Preliminary\n1.40 Meaning of class 10a building—div 1.4.2\nclass 10a building includes the following:\n(a) a garage, carport or shed;\n(b) a conservatory, greenhouse, gazebo, pergola, shelter, shade\nstructure or hail protection structure, studio, workshop or\ncubbyhouse;\n(c) a stable, storeroom or other outbuilding;\n\n(d) a deck, verandah, porch, landing, stairs or ramp.\nNote A swimming pool is not a class 10a building (see building code).\n1.41 Class 10 buildings and other structures—2nd exempt\nbuilding or other structure in boundary clearance area\n(1) Designated development for a class 10 building or other structure (the\n2nd thing) in a boundary clearance area of a block if—\n(a) an existing class 10 building or other structure (the 1st thing) is\npartly or fully in a boundary clearance area of the block; and\n(b) the 2nd thing would be exempt under another section of this\nschedule if the 1st thing were not located partly or fully in the\n(c) the 2nd thing is not a boundary fence; and\n(d) the 1st thing and 2nd thing—\n(i) are the only class 10 buildings or other structures (other\nthan a boundary fence) that are partly or fully in the\n(ii) have a combined relevant cross-section area above datum\nground level of not more than 30m2.\nExample—par (d) (ii)\nA regular-shaped, flat-roofed, garden shed faces parallel to and is 1m\nfrom the boundary of a block. Its relevant cross-section area is the\narea of the rectangles bounded by the shed wall that faces the boundary\nand the edge of its roof, a total area of 15m2.\nThe block’s owner proposes to build a 2nd class 10a building which\nis a circular rotunda with a domed roof. Its relevant cross-section area\nis the largest cross-section of the rotunda at any point in the boundary\nclearance area when measured in a plane parallel to the boundary, an\narea of 18m2.\nBecause the combined relevant cross-section areas of shed and\nrotunda are more than 30m2, the rotunda does not comply with this\nsection and is not exempt from a development application.\n\n(2) To remove any doubt, this section applies in relation to the boundary\nclearance area of each side boundary and rear boundary of a block.\nboundary clearance area, for a side boundary or rear boundary of a\nblock, means the area between the boundary and a line drawn 1.5m\ninside the block and parallel to the boundary.\nclass 10 building or other structure does not include a sign installed\non land.\nrelevant cross-section area, of a building or other structure partly or\nfully in a boundary clearance area, means the area of the largest\nvertical cross-section of the building or structure at any point in the\narea when measured in a plane parallel to the boundary, as shown in\ndiagram 1.41.\nExamples—relevant cross-section area\n1 A rectangular shed encroaches on the boundary clearance area of a block and\nis parallel to the boundary. The wall facing the boundary is 2m high and 3m\nwide. The roof does not increase the profile of the structure. The relevant\ncross-section area of the shed is 6m2.\n2 A pergola has no walls, encroaches on the boundary clearance area of a block,\nand is parallel to the boundary. The side facing the boundary is 2m high and\n3m wide. However, the uprights have a total area facing the boundary of 0.6m2\nand the crossbeam has a total area facing the boundary of 0.9m2. The relevant\ncross-section area of the pergola is 1.5m2.\n\nDiagram 1.41 Relevant cross-section area\n\nSection 1.42\nSubdivision 1.4.2.2 Class 10a buildings\n1.42 Roofed class 10a buildings—enclosed or open on 1 side\n(1) Designated development for a class 10a building on a block if—\n(b) the building is enclosed by a roof and has walls on—\n(i) each of its sides; or\n(ii) each of its sides except for 1 side; and\nor\n(d) no part of the building extends beyond any relevant solar\n(e) the building does not exceed the size limitation for the block;\nand\n(f) the building complies with the setback requirement for the\n(g) if any part of the building is within 1.5m of a side boundary or\n\nSection 1.43\n(b) has no part higher than a plane projecting at 30° above the\nsetback requirement, for a building in relation to a block, means—\n(a) if the building has a plan area of not more than 10m2—the\nbuilding is behind the building line for the block; or\n(b) if the building has a plan area of more than 10m2—the building\nis behind the building line for the block and at least 15m from\nthe block’s front boundary\nsize limitation, for a building in relation to a block, means—\n(a) if the size of the block is less than 500m2—the building has a\nplan area of not more than 10m2; or\n(b) if the size of the block is 500m2 or more but less than 600m2—\nthe building has a plan area of not more than 25m2; or\n(c) if the size of the block is 600m2 or more—the building has a plan\narea of not more than 50m2.\n1.43 Roofed class 10a buildings—unenclosed or partly open\n(1) Designated development for a class 10a building on a block if—\n(b) the height of the building is not more than—\nor\n\nSection 1.43\n(c) no part of the building extends beyond any relevant solar\n(d) the building—\n(i) is enclosed by a roof which has a plan area of not more than\n50m2; and\n(ii) has walls on not more than 2 of its sides; and\n(e) the building is behind the building line for the block; and\n(f) if the building has a floor—the height of the finished floor level\nis not more than—\n(i) for any part of the building that is within 1.5m of a side\n(g) if any part of the building is within 1.5m of a side boundary or\n(b) has no part higher than a plane projecting at 30o above the\n\nSection 1.44\n1.44 Class 10a buildings—unroofed and unenclosed\n(1) Designated development for a building on a block if—\n(b) the building does not have a roof or any walls; and\nor\n(d) if the building has a floor—the height of the finished floor level\nis not more than—\n(i) for any part of the building that is within 1.5m of a side\n(e) the building is behind the building line for the block; and\n(f) if any part of the building is within 1.5m of a side boundary or\n\nSection 1.45\n(b) has no part higher than a plane projecting at 30° above the\n1.45 Class 10a buildings—external decks\n(1) Designated development for an external deck on a block if—\n(a) the deck does not have a roof; and\n(b) the height of the finished floor level of the deck is not more\nthan—\n(i) for any part of the deck that is either between a front\nboundary and a building line for the block or within 1.5m\nof a side boundary or rear boundary of the block—0.4m\nabove datum ground level; and\n(c) if any part of the deck is between a front boundary and a building\nline for the block—that part of the deck does not have a\nbalustrade; and\n(d) if any part of the deck is behind a building line for the block—\nthe height of any balustrade for that part of the deck is not more\nthan 1.2m above the finished floor level for the deck; and\n(e) if any part of the deck is higher than 0.4m above datum ground\nlevel and within 1.5m of a side boundary or rear boundary of the\nblock—\n(i) the deck is the only class 10 building or other structure\narea) applies to the deck.\n\nSection 1.46\nbalustrade includes a barrier that acts as a balustrade.\ndeck includes any of the following for the deck:\n(a) external stairs or ramp;\n(b) an external landing;\n(c) a retaining wall.\n1.46 Class 10a buildings—external verandahs\n(1) Designated development for an external verandah on a block if—\n(a) the verandah is attached to, or immediately adjacent to, a\ndwelling on the block; and\n(b) the plan area of the verandah is not more than 10m2; and\n(c) no part of the verandah is—\n(i) higher than 3m above datum ground level; or\n(ii) within 5.5m from the front boundary of the block; or\n(iii) within 1.5m of a side boundary or rear boundary of the\n(d) if the verandah has a floor—the height of the finished floor level\nis not more than 1m above finished ground level.\nverandah includes any of the following for the verandah:\n(a) external stairs or ramp;\n(b) an external landing;\n(c) a retaining wall.\n\nSection 1.47\nSubdivision 1.4.2.3 Class 10b structures\n1.47 Class 10b structures—plan area not more than 2m2\nNote Class 10b structures include the following:\n• a fence, retaining wall or freestanding wall\n• a mast or antenna\n• a swimming pool.\nDesignated development for a class 10b structure (other than a sign)\non a block if—\n(a) the plan area of the structure is not more than 2m2; and\n(b) the structure is not—\n(i) wider than 2m; or\n(ii) higher than 1.85m above datum ground level; and\n(c) if the structure has a floor—the height of the finished floor level\nis not more than 0.4m above datum ground level; and\n(d) if the structure is not a single letterbox—no part of the structure\nis between a front boundary and a building line for the block;\nand\n(e) the height of any part of the structure that is within 1.5m of a\nside boundary or rear boundary of the block is not more than\n0.4m above datum ground level; and\n(f) if any part of the structure is within 1.5m of a side boundary or\n(i) the structure is the only class 10 building or other structure\narea) applies to the structure.\n\nSection 1.48\n1.48 Fences and freestanding walls generally\n(1) Designated development for a fence for, or freestanding wall on, a\nblock if—\n(a) the fence or wall is not higher than—\n(i) for a mesh fence in an industrial zone—2.7m above datum\n(ii) in any other case—\n(A) for a panel of a fence or wall—2.3m above datum\n(B) for the support post or column of a fence or wall—\n2.5m above datum ground level; and\n(b) no part of the fence or wall is between a front boundary and a\nbuilding line for the block; and\n(c) no part of the fence or wall diverts or concentrates the flow of\n(i) in a way that causes ponding; or\n(ii) onto other land.\n\nSection 1.49\nfence—\n(a) includes a gate that forms part of, or functions as, a fence; but\n(b) does not include a fence for an open space boundary.\nwall includes a gate that forms part of, or functions as, a wall.\n1.49 Basic open space boundary fences\nNote The Act, s 516 (3) defines open space boundary as meaning a boundary\nbetween leased and unleased land.\n(1) Designated development for a fence for an open space boundary for\na block if—\n(a) a development requirement for the block requires the building\nof a basic paling fence for the boundary; and\n(b) the fence—\n(i) is not higher than 1.85m above datum ground level; and\n(ii) is a basic paling fence or complies with subsection (2); and\n(c) no part of the fence diverts or concentrates the flow of surface\nwater—\n(i) in a way that causes ponding; or\n(ii) onto other land.\n(2) A fence for an open space boundary for a block complies with this\n(a) the fence's panels and support structure are—\n(i) made of unperforated metal; and\n(ii) finished in a pre-coloured proprietary finish; and\n(iii) used in accordance with the manufacturer's relevant\nwritten instructions; and\n(b) all sharp edges of metal sheets are capped; and\n\nSection 1.50\n(c) for any one side of the fence—\n(i) the panels are of the same material, flatness and\ncorrugation (if any); and\n(ii) all of the visible components (other than fasteners, footings\nand the cut ends of components) are the same external\ncolour as the panels; and\n(iii) the component’s colour is a solid colour that is, or closely\nmatches, a colour from AS 2700 (Colour standards for\ngeneral purposes) as in force from time to time, mentioned\nin part 1.5 (Permitted open space boundary fence colours);\nand\nNote AS 2700 does not need to be notified under the Legislation\nAct because s 47 (6) does not apply (see Act, s 523 (4) and\nLegislation Act, s 47 (7)). The standard may be purchased\nat www.standards.org.au.\n(iv) the form, finish and colour of the fence is the same for the\nfull length of the open space boundary for the block for that\nside of the fence.\nbasic paling fence—see the Act, section 516 (3).\ndevelopment requirement, in relation to a block—see the Act,\nsection 516 (3).\n1.50 Retaining walls\n(1) Designated development for a retaining wall on a block if—\n(a) if the retaining wall is between a front boundary and a building\nline for the block—the retaining wall is not higher than 0.4m\nabove datum ground level on the lowest side of the wall; and\n\nSection 1.50\n(b) the retaining wall is not higher than—\n(i) if it is a cut-in retaining wall—\n(B) for any other part of the wall—1.2m above datum\n(ii) if it is a fill retaining wall—\n(B) for any other part of the wall—1m above datum\n(iii) if it is a combination retaining wall—\n(B) for any other part of the wall—1.2m above datum\n(c) if any part of the retaining wall is higher than 0.4m above datum\nground level on the lowest side of the wall and within 1.5m of a\nside boundary or rear boundary of the block—\n(i) the retaining wall is the only class 10 building or other\nstructure (other than a boundary fence) that has any part of\nit that is within 1.5m of the boundary; or\narea) applies to the retaining wall.\n\nSection 1.51\ncombination retaining wall means a retaining wall that is both a\ncut-in retaining wall and a fill retaining wall.\ncut-in retaining wall means a wall, or that part of a wall, retaining\nearth below datum ground level.\nfill retaining wall means a wall, or that part of a wall, retaining earth\nabove datum ground level.\n1.51 Swimming pools\n(1) Designated development for a swimming pool on a block if—\n(a) no part of the pool, or an associated structure, is—\n(i) either—\n(A) if the development includes a courtyard wall forward\nof a building line for the block—between a front\nboundary and the courtyard wall; or\n(B) in any other case—between a front boundary and a\nbuilding line for the block; or\n(ii) within 1.5m of a side boundary or rear boundary for the\n(b) if the pool includes an associated structure with an elevated\nfloor—the height of the finished floor level is not more than 1m\nabove finished ground level; and\n(c) the height of the pool’s reservoir is not more than 1.5m above\ndatum ground level.\nassociated structure, in relation to a swimming pool—\n(a) includes a deck, landing, stairs or ramp, for the pool; but\n(b) does not include a retaining wall or landscaping for the pool.\n\nSection 1.52\nswimming pool—see the Building (General) Regulation 2008,\n1.52 Dish antennas\n(1) Designated development for a dish antenna on a block if—\n(a) the antenna is a receiving antenna only or an antenna that can\nsend and receive a signal; and\n(b) if the antenna is mounted on the ground—\n(i) the diameter of the antenna is not more than 1.55m; and\n(ii) the height of the antenna is not more than 3m above datum\n(c) if the antenna is externally mounted on a building in a residential\narea—\n(i) the diameter of the antenna is not more than 0.65m; and\n(ii) if the building is a single dwelling where the closest point\nof the dwelling’s roof to the antenna is lower than the\nhighest point of the antenna—the distance from the highest\npoint of the antenna to the closest point on the roof is not\nmore than 1.5m; and\n(d) if the antenna is externally mounted on a building in a\nnon-residential area—\n(i) the diameter of the antenna is not more than 1.55m; and\n(ii) if the closest point of the building’s roof to the antenna is\nlower than the highest point of the antenna—the distance\nfrom the highest point of the antenna to the closest point on\nthe roof is not more than 2m; and\n(iii) the antenna’s colour matches the adjacent colour of the\nbuilding or is the colour of the antenna as manufactured;\nand\n\nSection 1.53\n(e) if any part of the antenna is within 1.5m of a side boundary or\n(i) the antenna is the only class 10 building or other structure\narea) applies to the antenna.\ndish antenna means a parabolic antenna with a solid, wire or mesh\ndish and includes the support structures for the antenna.\n1.53 Mast antennas\n(1) Designated development for a mast antenna on a block if—\n(a) the antenna is a receiving antenna only or an antenna that can\nsend and receive a signal; and\n(b) the diameter of the antenna is not more than 0.75m; and\n(c) if the antenna is mounted on the ground—\n(i) the height of the antenna is not more than 6m above datum\n(ii) if any part of the antenna is within 1.5m of a side boundary\nor rear boundary of the block—no part of the antenna is\nmore than 6m above datum ground level; and\n(d) if the antenna is mounted on a building—\n(i) no part of the antenna is more than 1.5m above the highest\npoint of the building; and\n(ii) the antenna’s colour matches the colour of the building;\nand\n\nSection 1.54\n(e) if any part of the antenna is within 1.5m of a side boundary or\n(i) the antenna is the only class 10 building or other structure\narea) applies to the antenna.\nmast antenna means a tower, pole or aerial structure and includes the\nsupport structures for the antenna.\n1.54 Flag poles\n(1) Designated development for building or installing a flag pole if the\nheight of the flag pole is not more than 10m above finished ground\nlevel.\nNote A flag pole in an existing school campus may also be exempt under\ns 1.115 (Schools—flag poles).\nflag pole includes a lanyard, flag or other item associated with a flag\npole.\n\nSection 1.55\nSubdivision 1.4.2.4 Other structures\n1.55 Water tanks\nDesignated development for a water tank on a block if—\n(a) the tank does not have a capacity of more than 20kL; and\n(b) if any part of the tank is located between a front boundary and a\nbuilding line for the block—the whole tank is buried under\n(c) in any other case—the height of the tank is not more than 3m\nabove datum ground level.\n1.56 External ponds\nDesignated development for an external pond on a block if—\n(a) the pond is not for, or used for, swimming, wading or bathing;\nand\n(b) the maximum depth of water the pond can hold is not more than\n300mm; and\n(c) no part of the pond is within 1.5m of a side boundary or rear\n(d) no part of the pond is located between a front boundary and a\n1.57 Animal enclosures\n(1) Designated development for an animal enclosure on a block if—\n(a) the enclosure’s plan area is not more than 10m2; and\n(b) the enclosure’s height is not more than 3m above datum ground\n(c) no part of the enclosure is between a front boundary and a\n\nSection 1.58\nNote Other laws, including animal welfare laws, may be relevant (see s 1.6).\n1.58 Clothes lines\n(1) Designated development for a clothes line on a block if—\n(a) the clothes line’s height (including any extendable part\nextended) is not more than 3m above datum ground level; and\n(b) total line length is not more than 60m and the span or cantilever\nof any support is not more than 3m; and\n(c) no part of the clothes line is between a front boundary and a\n\nSection 1.59\n1.59 Shipping containers\n(1) Placing a shipping container on a block if the container—\n(a) is being used for a temporary, non-habitable purpose; and\n1 loading or unloading furniture, equipment or goods transported to or\nfrom the block\n2 storage of construction tools or materials being used for development\non the block\nNote For temporary buildings or other structures, see s 1.37.\n(b) is in good repair and structurally sound; and\n(c) is placed, removed and kept on the block in a way that does not\ncreate a risk to the safety of any person or property; and\n(d) does not impede access to the block, another block or public\naccess to a place (including public unleased land); and\n(e) is not placed within the boundary clearance area of a side\nboundary or rear boundary of the block; and\n(f) is removed before the end of the longer of the following periods:\n(i) 1 year after the day it is placed on the block;\n(ii) if the territory planning authority extends, in writing, the 1-\nyear period—the period as extended.\n(2) The excluded criteria do not apply to the development.\n\nSigns Division 1.4.3\nSection 1.60\nexemption) does not apply to the development to the extent that the\nsection would apply to the excluded criteria.\nboundary clearance area, for a side boundary or rear boundary of a\nblock, means the area between the boundary and a line drawn 1.5m\ninside the block and parallel to the boundary.\nDivision 1.4.3 Signs\n1.60 Public works signs excluded—div 1.4.3\nThis division does not apply to putting up, attaching or displaying a\nsign that is for public works under section 1.90.\n1.61 Signs attached etc to buildings, other structures and land\n(1) Putting up, attaching or displaying a sign (whether permanent or\ntemporary) on land, or to a building or other structure on land, if—\n(a) the sign is put up, attached or displayed in such a way that the\nsign cannot be removed without—\n(i) for a sign attached to or displayed on a building or other\nstructure—damaging the sign, building or structure or\nunfastening the sign; and\n(ii) for a sign put up or displayed on the ground—disturbing\nthe ground; and\n\nDivision 1.4.3 Signs\nSection 1.62\n(b) the sign is of a type mentioned in part 1.6 (Tables of exempt\nsigns) and is located in a zone for which the letter ‘A’ appears\nin the column for the zone in which the building, structure or\nland is located; and\n(c) the sign complies with a relevant signs development control\ndeclared under section 14 (1) (b).\ntype, for a sign, means the sign type for the sign in a relevant signs\ndevelopment control declared under section 14 (1) (b).\nNote 1 Fixed signs that encroach into unleased land require a licence under the\nAct, pt 10.13.\nNote 2 Other laws, including the Public Unleased Land Act 2013, deal with\n1.62 Moveable signs on public unleased land\n(1) Displaying a moveable sign on public unleased land if—\n(a) the sign does not impede public access to a place (including\npublic unleased land); and\n(b) the surface area of any side of the sign is not more than 1.5m2;\nand\n(c) the vertical distance from the top of any side of the sign to the\nbottom of the side is not more than 1.5m.\nNote Other laws, including the Public Unleased Land Act 2013, deal with\n\nSigns Division 1.4.3\nSection 1.63\nmoveable sign means a sign that is not fixed to a building or other\n1.63 Temporary signs\n(1) Putting up, attaching or displaying a sign if—\n(a) the sign is of a type mentioned in part 1.6 (Tables of exempt\nsigns) and is located in a zone for which the letter ‘T’ appears in\nthe column for the zone in which the building, structure or land\nis located; and\n(b) the sign complies with a relevant signs development control\ndeclared under section 14 (1) (b); and\n(c) the sign is put up, attached or displayed for not more than 2\nweeks in any calendar year.\ntype, for a sign—see section 1.61 (3).\nNote 1 Temporary signs that encroach into unleased land require a licence under\nthe Act, pt 10.13.\nNote 2 Other laws, including the Public Unleased Land Act 2013, deal with\n1.64 Signs—information about future urban areas\n(1) Putting up, attaching or displaying a sign containing information\nabout a future urban area if—\n(a) the information on the sign—\n(i) is approved by the Territory; and\n\nSection 1.65\n(ii) is not about the marketing or sale of the land; and\n(b) neither of the horizontal or vertical dimensions of the sign are\nlonger than 2m; and\n(c) not more than 1 dimension of the sign is longer than 1.5m; and\n(d) the height of the sign is not more than 2.5m above finished\nground level.\n1.65 Signs—required under Building Act 2004\nPutting up, attaching or displaying a sign if—\n(a) the sign is required to be put up, attached or displayed under the\nBuilding Act 2004, section 37A (Sign to be displayed for certain\nbuilding work) or section 37B (Sign to be displayed for building\nwork in prescribed development); and\n(b) the sign complies with the requirements for the sign under that\nAct.\n1.70 Application—div 1.4.4\n(1) This division applies to a community garden if the garden is\nestablished on—\n(a) unleased territory land under a licence granted under the Act,\npart 10.13 (Licences for unleased land); or\n(b) an existing school campus.\n\nSection 1.71\n(2) If this division applies to a community garden, the following\nprovisions of this schedule do not apply in relation to development in\nthe community garden:\n(a) section 1.41 (Class 10 buildings and other structures—2nd\nexempt building or other structure in boundary clearance area);\n(b) section 1.42 (Roofed class 10a buildings—enclosed or open on\n1 side);\n(c) section 1.43 (Roofed class 10a buildings—unenclosed or partly\nopen);\n(d) section 1.44 (Class 10a buildings—unroofed and unenclosed);\n(e) section 1.47 (Class 10b structures—plan area not more than\n2m2);\n(f) section 1.48 (Fences and freestanding walls generally);\n(g) section 1.49 (Basic open space boundary fences);\n(h) section 1.55 (Water tanks);\n(i) section 1.56 (External ponds).\nNote The provisions of this schedule that are not mentioned in this section may\napply in relation to development in a community garden.\n1.71 Definitions—div 1.4.4\nboundary means the boundary of—\n(a) the unleased territory land on which a community garden is\nestablished; or\n(b) the existing school campus on which a community garden is\nestablished.\n\nSection 1.71\nclass 10a building means any of the following buildings that are class\n10a buildings under the building code:\n(a) a shed;\n(b) a greenhouse;\n(c) a gazebo;\n(d) a pergola;\n(e) a hail protection structure;\n(f) a storeroom or other out-building.\nNote Class, for a building or other structure, means the class of building or\nstructure under the building code (see dict).\nclass 10b structure means any of the following structures that are\nclass 10b structures under the building code:\n(a) an arbour;\n(b) an arch;\n(c) a fence;\n(d) a freestanding wall;\n(e) a garden bed;\n(f) a pole.\ncommunity garden—\n(a) means the use of land for the cultivation of produce primarily\nfor personal use by the individuals undertaking the gardening;\nand\n\nSection 1.72\n(b) includes demonstration gardening or other activities to\nencourage the involvement of school groups, youth groups or\nothers in gardening activities.\na garden in a school that is cultivated by students and grows produce for use\nin the school canteen\n1.72 Community gardens—class 10a building\n(1) Designated development for building or installing a class 10a\nbuilding in a community garden if—\n(a) the height of the building is—\n(i) not more than 3m above datum ground level; or\n(ii) if no part of the building is higher than a plane projecting\nat 30° above horizontal from a height of 3m above datum\nground level at a boundary—not more than 4m above\n(b) the plan area of the building is—\n(i) if the community garden is less than 600m2—not more than\n10m2; or\n(ii) if the community garden is 600m2 or more—not more than\n50m2; and\n(c) the height of the finished floor level of the building that has a\nfloor is—\n(i) if the building is within 1.5m of a boundary—not more\nthan 0.4m above datum ground level; or\n(ii) in any other case—not more than 1m above finished\n\nSection 1.73\n(d) the minimum setback between the building and any street\nfrontage is—\n(i) if the plan area of the building is not more than 10m2—6m;\nor\n(ii) if the plan area of the building is more than 10m2 but not\nmore than 50m2—15m; and\n(e) if any part of the building is within 1.5m of a boundary that does\nnot align with any street frontage—\n(other than a boundary fence) that has any part of it within\n1.5m of the boundary; or\n(ii) section 1.74 (Community gardens—boundary clearance\n1.73 Community gardens—class 10b structures\n(1) Designated development for building or installing a garden bed in a\n(a) the bed has a plan area of not more than 50m2; and\n(b) the bed is not more than 1m high.\n(2) Designated development for building or installing a fence in a\n(a) the fence is made of mesh; and\n(b) the fence is not more than 2.3m high; and\n(c) if the fence is a boundary fence—it does not divert or\nconcentrate the flow of surface water in a way that causes the\nwater to pond or be diverted onto other land.\n\nSection 1.74\n(3) Designated development for building or installing a class 10b\nstructure (other than a garden bed or fence) in a community garden if\nthe structure—\n(a) has a plan area of not more than 2m2; and\n(b) is not wider than 2m; and\n(c) is not higher than 1.85m above datum ground level; and\n(d) if the structure has a floor—the floor is not more than 0.4m\nabove datum ground level; and\n(e) if any part of the structure is within 1.5m of a boundary—\n(i) the structure is the only class 10 building or other structure\n(other than a boundary fence) that has any part of it within\n1.5m of the boundary; or\n(ii) section 1.74 applies to the structure.\n(4) Section 1.17 (Criterion 7—compliance with other applicable\n1.74 Community gardens—boundary clearance area\n(1) Designated development for a class 10 building or other structure\n(the 2nd thing) in a boundary clearance area if—\n(a) an existing class 10 building or other structure (the 1st thing) is\npartly or fully in a boundary clearance area; and\n(b) the 2nd thing would be exempt under another section of this\ndivision if the 1st thing were not partly or fully in the boundary\nclearance area; and\n(c) the 2nd thing is not a boundary fence; and\n\nSection 1.75\n(d) the 1st thing and 2nd thing—\n(i) are the only class 10 buildings or other structures (other\nthan a boundary fence) that are partly or fully in the\n(ii) have a combined relevant cross-section area above datum\nground level of not more than 30m2.\nboundary clearance area means the area between a boundary and a\nline drawn 1.5m inside and parallel to the boundary.\nclass 10 building or other structure does not include a sign installed\non a community garden.\nrelevant cross-section area, of a building or other structure partly or\nfully in a boundary clearance area, means the area of the largest\ncross-section of the building or structure at any point in the area when\nmeasured in a plane parallel to the boundary.\n1.75 Community gardens—water tanks\n(1) Designated development for building or installing a water tank in a\n(a) the capacity of the tank is not more than 20kL; and\n(b) the height of the tank is not higher than 3m above datum ground\n(c) no part of the tank is within 1.5m of a boundary.\n\nOutdoor eating or drinking places Division 1.4.5\nSection 1.76\n1.76 Community gardens—ponds\n(1) Designated development for building or installing an external pond\nin a community garden if—\n(a) the pond is not for, or used for, swimming, wading or bathing;\nand\n(b) the maximum depth of water the pond can hold is not more than\n300mm; and\n(c) no part of the pond is within 1.5m of a boundary.\n1.77 Community gardens—shade structures\n(1) Designated development for building or installing a shade structure\non or under the land) in a community garden if—\n(a) the height of the shade structure is not more than 4m above\n(b) the plan area of the shade structure is not more than 50m2; and\n(c) the shade structure is unenclosed on at least 2 sides.\nDivision 1.4.5 Outdoor eating or drinking places\n1.80 Application—div 1.4.5\nThis division applies to an outdoor eating or drinking place if it is\nestablished on—\n(a) unleased territory land under a licence granted under the Act,\npart 10.13 (Licences for unleased land); or\n\nDivision 1.4.5 Outdoor eating or drinking places\nSection 1.81\n(b) public unleased land for which a permit has been issued under\nthe Public Unleased Land Act 2013.\n1.81 Meaning of outdoor eating or drinking place—div 1.4.5\noutdoor eating or drinking place—see the Smoke-Free Public Places\nAct 2003, section 9A.\n1.82 Outdoor eating or drinking places—removable objects\n(1) Designated development for building or installing an object in an\noutdoor eating or drinking place if the object (a removable object)\ncan, within 48 hours and with or without limited mechanical\nassistance, be removed from the outdoor eating or drinking place to\nreturn that place to the condition it was in immediately before the\nobject was installed.\nExamples—removable objects\n• awnings\n• glass screens\n• portable barriers\n• serving stations\n• umbrellas attached to the ground\nlimited mechanical assistance includes the use of a crowbar, pallet\njack or trolley, but does not include the use of an excavator, forklift\nor jackhammer.\nremovable object includes any of the following:\n(a) an object attached to the ground, a building or other structure;\n\nRural leases Division 1.4.6\nSection 1.85\n(b) a socket, sleeve, bracket or similar device that attaches an object\nto the ground, a building or other structure;\n(c) an object that, though not attached, remains in place when the\noutdoor eating or drinking place is not in use.\nDivision 1.4.6 Rural leases\n1.85 Rural lease development generally\n(1) Designated development on a rural lease if—\n(a) if the development is the building or alteration of a building or\nother structure—the development has a plan area of not more\nthan 216m2; and\n(b) the development does not result in the clearing of more than\n0.5ha of native vegetation in a native vegetation area; and\n(c) the development is not contrary to a land management\nagreement; and\n(d) the development does not require any of the following:\n(i) a licence under the Water Resources Act 2007;\n(ii) an environmental authorisation or environmental\nprotection agreement under the Environment Protection\nAct 1997;\n(iii) an approval under the EPBC Act.\nNote 1 Under the Water Resources Act 2007 a licence may be required to\ndo development work for water, including work on a water bore,\nincreasing the quantity of ground water or taking water from a\nwaterway.\nNote 2 Under the Environment Protection Act 1997 an environmental\nauthorisation or environmental protection agreement may be\nrequired to do certain development work, including work causing\npollution.\n\nSection 1.86\nNote 3 Under the EPBC Act, an approval may be required to take certain\naction, including an action that has a significant impact on a\nspecies.\n1.86 Consolidation of rural leases\nThe consolidation of rural leases.\nNote For restrictions on the consolidation of rural leases, see the Act, div 10.8.2\nand the Planning (General) Regulation 2023, pt 13.\n1.90 Public works\n(1) Designated development for public works carried out by or for the\nTerritory if—\n(a) 1 of the following applies to the development:\n(i) an authorisation has been granted under the Environment\nProtection Act 1997, section 49 in relation to the\ndevelopment;\n(ii) the environment protection authority has entered into an\nenvironmental protection agreement under the\nEnvironment Protection Act 1997, section 38 in relation to\nthe activity with the person who is conducting, or\nproposing to conduct, the activity;\n(iii) the development does not require an environmental\nauthorisation or environmental protection agreement under\nthe Environment Protection Act 1997; and\n\nSection 1.90\n(b) if the development is for minor public works carried out in a\nreserve—the development is carried out in accordance with a\nminor public works code approved by the conservator of flora\nand fauna under the Nature Conservation Act 2014,\nsection 318A.\nancillary sporting structure—\n(a) means a structure that is designed, or can be used, in relation to\nplaying organised sport; but\n(b) does not include a grandstand.\nExamples—par (a)\ngoal posts, sight screens, fencing\nbicycle parking facility means a structure built for parking a bicycle\nwith a height of not more than 2.4m.\nkiosk means a structure in an open space that is used to provide food\nor drinks to people using the open space mainly for another purpose.\nlandscaping means work that affects the landscape of land if the work\ndoes not involve any of the following:\n(a) clearing more than 0.5ha of native vegetation in a native\nvegetation area;\n(b) clearing a tract of a forest or arboretum.\nminor public works—see the Planning (General) Regulation 2023,\nminor public works code—see the Nature Conservation Act 2014,\nsection 318A.\n\nSection 1.90\nplaying field means an open space that is designed, or can be used,\nfor playing or practising organised sport.\ntennis court, football oval, athletics track, basketball court, cricket oval, cricket\npractice nets\npublic amenities means toilets, showers and change rooms that are\navailable for public use.\npublic works means—\n(a) installation or maintenance of street and park furniture; or\n(b) maintenance of a road or car park; or\n(c) construction or maintenance of a footpath, bicycle path, bicycle\nparking facility, walking track or other pedestrian area; or\nExamples—construction or maintenance of other pedestrian area\ntree planting and repaving, reconstruction of kerbs and gutters\n(d) maintenance of stormwater drainage or a flood mitigation\nstormwater canals and drains, floodways, flood gates, bank protection, earth\nlevees, reservoirs, detention basins\n(e) maintenance of a water quality treatment device; or\nlitter traps, bioretention systems, wetlands, wetponds, pollutant traps, swales,\nbuffer strips, infiltration trenches\n(f) installation or maintenance of an ancillary sporting structure on\nor beside a playing field; or\n(g) maintenance of a playing field; or\nExample\nresurfacing oval with artificial grass\n\nSection 1.91\n(h) bushland regeneration, landscaping, gardening, tree planting,\ntree maintenance, tree removal or fire fuel reduction,\nconstruction or maintenance of a fire trail; or\n(i) construction, installation or maintenance of a water tank; or\n(j) installation or maintenance of a temporary structure for an\nevent; or\n(k) installation or maintenance of public amenities; or\n(l) installation or maintenance of a kiosk.\nExample—par (l)\nmarquee, portable toilet, stage, tent, television screen, scaffolding\nreserve—see the Nature Conservation Act 2014, section 169.\nstreet and park furniture means the conventional equipment of urban\nstreets and parks.\n1 a seat, bench, table, rubbish bin, recycling bin, barbecue, playground\nequipment, gazebo, bridge, staircase, boardwalk, rotunda, stage, shade sail,\nwater fountain, bus shelter\n2 a bollard, planter box, street tree guard and root cover, guard rail, portico,\nawning, canopy, flagpole, pergola\n3 a parking meter, parking ticket machine, street sign, parking control sign,\ntraffic control device, telephone booth, streetlight, playing field light, variable\nmessaging sign\n1.91 Public artworks\n(1) Designated development for the installation of a public artwork if—\n(a) the development is funded completely or partly by the Territory;\nand\n(b) the public artwork will be located on territory land or land\noccupied by the Territory; and\n\nSection 1.91\n(c) the director-general of the administrative unit responsible for\nmunicipal services has agreed, in writing, to the location of the\npublic artwork; and\n(d) the public artwork has a height of not more than—\n(i) for an artwork located adjacent to an arterial road or\nproposed arterial road—12m above finished ground level;\nor\n(ii) in any other case—6m above finished ground level; and\n(e) the development does not require an environmental\nauthorisation or environmental protection agreement under the\nEnvironment Protection Act 1997; and\n(f) the public artwork is not a habitable structure.\narterial road means a road with a speed limit of at least 80km/h.\nlimited access road, parkway, freeway\npublic artwork means an artwork to be displayed in a place open to\nand accessible by the public.\nsculpture, statue, structure, painting\n\nSection 1.92\n1.92 Plantation forestry\n(1) The planting or harvesting of plantation trees by or for the Territory\nin a plantation forestry area.\nplantation forestry area means an area identified in the territory plan\nas an area where plantation forestry is permitted subject to\ndevelopment assessment.\nplantation tree—\n(a) means a tree cultivated to produce a harvest; and\n(b) includes a tree naturally generated by a plantation tree.\n1.93 Waterway protection work\n(1) Designated development carried out by or for the Territory for the\nprotection of waterways if—\n(a) the director-general of the administrative unit responsible for\nmunicipal services has agreed, in writing, to the work; and\n(b) the work does not result in the clearing of more than 0.5ha of\nnative vegetation in a native vegetation area; and\n(c) the work is not contrary to a land management agreement; and\n(d) the work does not require any of the following:\n(i) a licence under the Water Resources Act 2007;\n(ii) an environmental authorisation or environmental\nprotection agreement under the Environment Protection\nAct 1997;\n\nSection 1.94\n(iii) an approval under the EPBC Act.\nNote 1 Under the Water Resources Act 2007 a licence may be required to\ndo development work for water, including work on a water bore,\nincreasing the quantity of ground water or taking water from a\nwaterway.\nNote 2 Under the Environment Protection Act 1997 an environmental\nauthorisation or environmental protection agreement may be\nrequired to do certain development work, including work causing\npollution.\nNote 3 Under the EPBC Act, an approval may be required to take certain\naction, including an action that has a significant impact on a\nspecies.\nwaterway—see the Water Resources Act 2007, section 10.\n1.94 Emergencies affecting public health or safety or property\n(1) Development carried out by or for the Territory if the development is\ncarried out because of an emergency to protect—\n(a) public health or safety; or\n(b) property.\nemergency—see the Emergencies Act 2004, dictionary.\n1.95 Temporary flood mitigation measures\nDesignated development carried out by or for the Territory if the\ndevelopment is carried out for temporary flood mitigation.\n\nSection 1.100\nSubdivision 1.4.8.1 Preliminary\n1.100 Application—div 1.4.8\nThis division applies to development or other activity only if it is on\nan existing school campus.\nNote Existing school campus—see s 1.1.\n1.101 Definitions—div 1.4.8\nexisting ground level, in relation to an area, means—\n(a) for a school constructed on or before 24 March 2009—the\nground level of the area on 24 March 2009; or\n(b) for a school constructed after 24 March 2009 with development\napproval—the ground level of the area at the time the approval\nis given.\nexisting school—see section 1.102.\nplaying field means an open space that is designed, or can be used,\nfor playing or practising organised sport.\ntennis court, football oval, athletics track, basketball court, cricket oval, cricket\npractice nets\nyoung child—see the Children and Young People Act 2008,\nsection 733 (3).\n\nSection 1.102\n1.102 Meaning of existing school—div 1.4.8\n(1) In this division:\nexisting school means—\n(a) 1 of the following constructed on or before 24 March 2009 or\nwith development approval:\n(i) a government school within the meaning of the Education\nAct 2004;\n(ii) a non-government school within the meaning of the\nEducation Act 2004;\n(iii) a childcare centre or education and care service premises\nprimarily for the education of young children; or\nExamples—education of young children\npreschool, early learning centre\n(b) land that—\n(i) either—\n(A) has been a type of school mentioned in\nparagraph (a) (i) to (iii) constructed on or before\n","sortOrder":17},{"sectionNumber":"24","sectionType":"section","heading":"March 2009 or with development approval; or","content":"24 March 2009 or with development approval; or\n(B) is adjacent to something mentioned in paragraph (a);\nand\n(ii) is being developed or redeveloped to be, or be part of, a\ntype of school mentioned in paragraph (a) (i) to (iii); and\n(iii) is declared by the Minister to be an existing school.\nExamples—land\n1 land adjacent to a primary school that is being developed as part of a staged\nexpansion of the school\n2 a site that was a high school but is not currently operating while being\nredeveloped as a school\n\nSection 1.103\n(2) A declaration for subsection (1) (b) (iii) is a notifiable instrument.\nchildcare centre means a childcare centre licensed under the Children\nand Young People Act 2008, section 747.\nNote A childcare centre is a childcare service (see Children and Young People\nAct 2008, s 732).\neducation and care service premises means education and care\nservice premises under the Education and Care Services National\nLaw (ACT) (other than in relation to a family day care service).\nNote The Education and Care Services National Law (ACT) Act 2011, s 6\napplies the Education and Care Services National Law set out in the\nEducation and Care Services National Law Act 2010 (Vic), schedule as\nif it were an ACT law called the Education and Care Services National\nLaw (ACT).\n1.103 Disapplication of criterion 7—div 1.4.8\nUnless otherwise stated in a provision, section 1.17 (Criterion 7—\ncompliance with other applicable exemption) does not apply to\ndevelopment to which this division applies.\nNote Development must comply with the general exemption criteria, except\nany criterion that is expressly disapplied for a provision (see s 1.10).\n1.104 Additional exemption criterion—bushfire prone areas\n(1) If any of the following development is in a bushfire prone area, the\ndevelopment must have written agreement from the emergency\nservices commissioner under the strategic bushfire management plan:\n(a) section 1.106 (Schools—new buildings or alterations to\nbuildings);\n(b) section 1.107 (Schools—entrances);\n(c) section 1.108 (Schools—verandahs etc);\n(d) section 1.113 (Schools—shade structures);\n\nSection 1.105\n(e) section 1.114 (Schools—covered external walkways);\n(f) section 1.117 (Schools—landscape gardening);\n(g) section 1.120 (Schools—toilet and change room facilities);\n(h) section 1.124 (Schools—demountable and transportable\nbuildings).\nbushfire prone area means an area described in the strategic bushfire\nmanagement plan as an area that is at high risk of being impacted by\nbushfires.\nstrategic bushfire management plan—see the Emergencies\nAct 2004, dictionary.\n1.105 Activities not development\nAn activity mentioned in this division that is not development is not\ntaken to be development only because it is exempt under this division.\nSubdivision 1.4.8.2 Exemptions—schools\n1.106 Schools—new buildings or alterations to buildings\nDesignated development for building a new building or altering or\ndemolishing an existing building (and carrying out any related\nearthworks or other construction work on or under the land) if—\n(a) the building is any of the following:\n(i) a class 3 building;\n(ii) a class 5 building that is ancillary to, and supports the\nfunctions of, an existing school;\n\nSection 1.107\n(iii) a class 9b building; and\nExample—class 3 building\ndormitory\nExample—class 5 building\noffice\nExamples—class 9b building\nhall, auditorium, gymnasium, library, classroom, environment learning\ncentre\nNote Class, for a building or other structure, means the class of building\nor structure under the building code (see dict).\n(b) the building is not within 6m of the boundary of a block in a\n(i) if the building is within 30m of the boundary of a block in\n(ii) in any other case—12m above existing ground level.\n1.107 Schools—entrances\n(1) Designated development for building or installing a school entrance\non or under the land) if—\n(a) the entrance—\n(i) does not have a roof; or\n(ii) is not enclosed on all sides; and\n(b) the height of the entrance is not more than 6m above existing\nground level.\n\nSection 1.108\nschool entrance—\n(a) means a public entrance to the school whether freestanding or\npart of a building; and\n(b) includes any associated structure.\nExamples—associated structures\nportico, awning, canopy, landing, access ramp\n1.108 Schools—verandahs etc\n(1) Designated development for building or installing a verandah (and\n(a) the height of the verandah is not more than—\n(i) if the verandah is within 30m of the boundary of a block in\n(ii) in any other case—12m above existing ground level; and\n(b) the verandah is not within 6m of the boundary of a block in a\n(c) the verandah is unenclosed on at least 1 side.\nNote An external verandah may also be exempt under s 1.46.\nverandah includes a balcony, awning, portico or landing.\n1.109 Schools—signs\n(1) Putting up, attaching or displaying a sign or altering or removing a\nsign if—\n(a) the sign displays, or is intended to display, only school\ninformation; and\n\nSection 1.110\n(b) the height of the sign is not more than 3.6m above existing\n(c) the sign is not both illuminated and animated.\nExample—both illuminated and animated\nflashing neon\nNote A sign may also be exempt under div 1.4.3.\nschool information includes any of the following:\n(a) the name of the school;\n(b) the school motto;\n(c) information about the school’s facilities;\n(d) directional information;\n(e) information about upcoming events for the school;\n(f) information about the school’s achievements;\n(g) information about the source of funding for works carried out at\nthe school;\n(h) information about future development or works at the school;\n(i) information about new facilities or services at the school.\n1.110 Schools—artwork on buildings or other structures\nDesignated development for altering the exterior of a building or\nother structure by painting, marking or otherwise affixing an artwork\non the building or other structure, if the artwork—\n(a) does not project more than 30mm from a wall or other surface;\nand\n(b) does not include material that discriminates against or vilifies\nany person or group; and\n\nSection 1.111\n(c) does not include material that is offensive or sexually explicit;\nand\n(d) does not include advertising material; and\n(e) is not a sign; and\nNote A sign may be exempt under s 1.109.\n(f) is not illuminated or animated; and\n(g) does not incorporate a moving or changing display or message;\nand\n(h) does not use reflective paint or other reflective material; and\n(i) is not more than 12m in height.\nExample—artwork on a building or other structure\nmural painted on the external wall of a building\n1.111 Schools—playground and exercise equipment\n(1) Designated development for building or installing playground and\nexercise equipment (and carrying out any related earthworks or other\nconstruction work on or under the land).\nplayground and exercise equipment includes swings, monkey bars,\nslippery dips, cubby houses, ropes and nets.\n1.112 Schools—fences\n(1) Designated development for building or installing a fence (and\n(a) the height of the fence is not more than—\n(i) if the fence is around, or partly around, a playing field—\n4m above existing ground level; or\n\nSection 1.113\n(ii) in any other case—2.4m above existing ground level; and\n(b) no vertical component of the fence is spiked.\nfence includes—\n(a) a fence around the boundary, or part of the boundary, of an\nexisting school campus; and\n(b) a fence within an existing school campus, including a fence—\n(i) around, or partly around, a playground or playing field; or\n(ii) between buildings; and\n(c) a gate that forms part of, or functions as, a fence.\n1.113 Schools—shade structures\nDesignated development for building or installing a shade structure\non or under the land) if—\n(a) the shade structure is unenclosed on at least 2 sides; and\n(b) 1 of the following applies to the shade structure:\n(i) if the shade structure is more than 30m from the boundary\nof a block in a residential zone—the shade structure has a\nheight of not more than 12m above existing ground level;\n(ii) if any part of the shade structure is more than 6m but not\nmore than 30m from the boundary of a block in a\nresidential zone—the shade structure has—\n(A) a height of not more than 10m above existing ground\n(B) a plan area of not more than 700m2;\n\nSection 1.114\n(iii) if any part of the shade structure is within 6m from the\nboundary of a block in a residential zone—the shade\nstructure has—\n(A) a height of not more than 10m above existing ground\n(B) a plan area of not more than 200m2.\n1.114 Schools—covered external walkways\nDesignated development for building or installing a covered external\nwalkway (and carrying out any related earthworks or other\nconstruction work on or under the land) if—\n(a) the height of the walkway is not more than—\n(i) if the walkway is within 30m of the boundary of a block in\n(ii) in any other case—12m above existing ground level; and\n(b) the walkway is unenclosed on at least 1 side.\n1.115 Schools—flag poles\n(1) Designated development for building or installing a flag pole (and\nunder the land) if the height of the flag pole is not more than 10m\nabove existing ground level.\nflag pole includes a lanyard, flag or other item associated with a flag\npole.\n\nSection 1.116\n1.116 Schools—water tanks\nDesignated development for building or installing a water tank (and\nunder the land) if the water tank has a diameter of not more than 8m.\nNote A water tank may also be exempt under s 1.55.\n1.117 Schools—landscape gardening\n(1) Designated development for landscape gardening (other than the\nconstruction of a retaining wall), and carrying out any related\nearthworks or other construction work on or under the land, if—\n(a) the landscape gardening is defined landscaping; and\n(b) if the landscape gardening affects an existing public pedestrian\naccess way, footpath or bicycle path—the landscape gardening\nmaintains existing public access to the access way, footpath or\nbicycle path.\nNote 1 For retaining walls generally, see s 1.50. (Other provisions, eg external\ndecks (see s 1.45) and swimming pools (see s 1.51) may be relevant.)\nNote 2 Work by the Territory that affects the landscape of land may also be\nexempt under s 1.90.\n(2) For subsection (1) (b), section 1.11 (Criterion 1—easement and other\naccess clearances) does not apply to the landscape gardening unless\nthe landscape gardening involves the construction or installation of a\ndefined landscaping means landscaping in relation to 1 or more of\nthe following:\n(a) a footpath;\n(b) a landing;\n(c) artificial grass;\n\nSection 1.118\n(d) any other landscape structure (other than a retaining wall), or\nearthworks, if the vertical distance from the top of the structure\nor earthworks to existing ground level is not more than—\n(i) if the top of the structure or earthworks is above existing\nground level—0.4m; or\n(ii) if the top of the structure or earthworks is below finished\nground level—1.2m.\n1.118 Schools—car parks\nDesignated development for building or installing a car park (and\n(a) the vertical distance from the top of the car park to existing\nground level is not more than—\n(i) if the top of the car park is above existing ground level—\n2m; or\n(ii) if the top of the car park is below finished ground level—\n2m; and\n(b) the car park does not reduce the area of a playing field.\n1.119 Schools—bicycle enclosures\nDesignated development for building or installing a bicycle enclosure\non or under the land).\n1.120 Schools—toilet and change room facilities\nDesignated development for building or installing a toilet facility or\nchange room facility (and carrying out any related earthworks or\nother construction work on or under the land) if the facility is not\nwithin 6m of the boundary of a block in a residential zone.\n\nSection 1.121\n1.121 Schools—driveways\nDesignated development for sealing or resealing a driveway (and\nunder the land) if 1 or more of the following materials is used:\n(a) concrete (including coloured or patterned concrete);\n(b) bitumen;\n(c) pavers, including bricks;\n(d) timber;\n(e) grass, including stabilising treatment.\n1.122 Schools—security cameras\nInstalling a security camera.\n1.123 Schools—external lighting\nInstalling external lighting, including security lighting and flood\nlighting (other than flood lighting for a playing field).\n1.124 Schools—demountable and transportable buildings\nDesignated development for building or installing a demountable or\ntransportable building (and carrying out any related earthworks or\nother construction work on or under the land) if the building is not\nwithin 6m of the boundary of a block in a residential zone.\n1.125 Schools—class 10b structures\nDesignated development for building or installing a class 10b\nstructure (and carrying out any related earthworks or other\nconstruction work on or under the land) if—\n(a) the structure is not within 6m of the boundary of a block in a\n\nSection 1.130\n(b) the development is not otherwise exempt under this division.\nExamples—class 10b structures\nretaining or freestanding wall, mast or antenna, swimming pool\nNote 1 A class 10b structure may also be exempt under sdiv 1.4.2.3.\nNote 2 A school fence may be exempt under s 1.112.\n1.130 Compliant single dwellings\n(1) Building a single dwelling (the dwelling) or altering a single dwelling\n(the alteration) on a block in a residential zone if—\n(a) the dwelling will be the only dwelling on the block; and\n(b) if the block is a preliminary block—the dwelling is built by the\nlessee of the holding lease; and\n(c) the dwelling or alteration, as built, complies with a relevant\nresidential zones—single dwelling housing development\ncontrol; and\n(d) section 1.18 (Information about certain development proposals)\nhas been complied with in relation to building or altering the\ndwelling.\nNote Other territory laws, including the Heritage Act 2004, must be complied\nwith (see s 1.6 and s 1.13).\n(2) For subsection (1) (b), a dwelling is taken to be built by the lessee\neven if some or all of the building work is done by an employee or\ncontractor of the lessee.\nexemption) does not apply to building or altering a single dwelling\nunder this section.\nblock includes a preliminary block.\n\nholding lease—see the Districts Act 2002, section 7 (7).\npreliminary block—land is taken to be a preliminary block if—\n(a) the land is part of a holding lease; and\n(b) a subdivision design application has been approved in relation\nto the lease; and\nNote A subdivision design application must identify the boundaries of\nthe subdivision and individual blocks within the subdivision\n(see Act, s 43 (1) (b) (i)).\n(c) the application identifies the land as a block; and\n(d) information about the boundaries of, and the distinguishing\nname or number for, the land is recorded in the database\nmaintained by the territory planning authority under the\nDistricts Act 2002, section 17 (Digital cadastral database); and\n(e) the land is not otherwise a block under the Districts Act 2002.\nNote Subdivision design application—see the Act, s 43 (1).\nsingle dwelling does not include a dwelling that has a party wall.\n1.131 Single dwellings where declaration authorises minor\nnon-compliance\n(1) Building a single dwelling (the dwelling) or altering a single dwelling\n(the alteration) on a block if—\n(a) the building of the dwelling or alteration would be exempt under\nsection 1.130 (Compliant single dwellings), apart from the\nencroachment of the dwelling or alteration in 1 or more of the\nfollowing ways:\n(i) beyond the front, side or rear setback required under a\ndefined provision;\n\n(ii) beyond the building envelope that applies, under a defined\nprovision, to the block where the dwelling or alteration is\nbeing built;\n(iii) beyond any relevant solar building envelope that applies to\nthe block where the dwelling or alteration is being built;\n(iv) into the minimum private open space required under a\ndefined provision; and\n(b) for an encroachment under paragraph (a) (iii)—the\nencroachment would not cause shadowing to any habitable room\nor principal private open space of another block; and\n(c) section 1.18 (Information about certain development proposals)\nhas been complied with in relation to the building or altering of\nthe dwelling; and\n(d) the territory planning authority declares (an exemption\ndeclaration) that the dwelling or alteration continues to be\nexempt development despite not complying with a defined\nprovision identified in the declaration; and\nNote An exemption declaration must not authorise anything that is\ninconsistent with the territory plan (see Act, s 52).\n(e) a period of 3 years (or any further period allowed, in writing, by\nthe territory planning authority) has not elapsed since the\nmaking of the exemption declaration.\n(2) An exemption declaration must state the distance of any\nencroachment by the dwelling or alteration that would otherwise be\nnon-compliant with a defined provision identified in the declaration.\n(3) Not later than 10 working days after a person applies to the territory\nplanning authority for an exemption declaration, the authority must—\n(a) make the declaration; or\n\n(b) refuse to make the declaration.\nNote The requirement to make a decision under this subsection does not lapse\nif the 10-day time limit is not met (see Legislation Act, s 152).\n(4) However, the territory planning authority must not make an\nexemption declaration in relation to a non-compliant dwelling or\nalteration unless satisfied that—\n(a) the non-compliance is minor; and\n(b) the proponent has given the authority information showing that\nsection 1.18 (Information about certain development proposals)\nhas been complied with in relation to the building or altering of\nthe dwelling; and\n(c) building or altering the dwelling other than in accordance with\na defined provision—\n(i) will not adversely affect someone other than the proponent;\nand\n(ii) will not increase the environmental impact of the dwelling\nor alteration more than minimally.\nadversely affect someone does not include having an impact on a\nview the person has from a block.\ndefined provision means any quantitative requirement applicable\nunder a relevant residential zones—single dwelling housing\ndevelopment control.\n\nSection 1.132\n1.132 Single dwellings—demolition\n(1) The demolition of a single dwelling, or part of a single dwelling.\n(2) However, if section 1.18 (Information about certain development\nproposals) applies in relation to the demolition, that section must be\ncomplied with in relation to the demolition.\nexemption) does not apply to a demolition under this section.\nNote Other territory laws, including the Building Act 2004, must be complied\nwith (see s 1.6).\nsingle dwelling does not include a dwelling that has a party wall.\n1.133 Buildings and other structures—demolition\n(1) The demolition of a building or other structure, or part of a building\nor other structure, if—\n(a) if the building or other structure is on a block in a residential\nzone—the building or structure is a class 10 building or other\n(b) if the building or other structure is on a block in a commercial\nzone—\n(i) a precondition mentioned in the Building Act 2004,\nsection 61 (i) (ii), (iv), (vi) or (vii) (Preconditions for s 62\nnotice) exists in relation to building work involving the\nbuilding or structure; and\n(ii) the construction occupations registrar has given the owner\nof the block a notice under that Act, section 62 (Notice to\ncarry out building work) directing the owner to demolish\nthe building or structure, or part of the building or\n\n(c) in any other case—were the building or other structure, or the\npart of the building or other structure, to be built, the building or\nstructure would be exempt development.\nNote Other territory laws, including the Building Act 2004 and Heritage\nAct 2004, must be complied with (see s 1.6 and s 1.13).\nexemption) does not apply to a demolition under this section.\nbuilding does not include a single dwelling.\n1.134 Rebuilding damaged buildings and other structures\n(1) Designated development to rebuild a damaged building or other\nstructure if—\n(a) the development has been previously approved, whether or not\nany development in accordance with the approval has ever been\ncarried out; and\n(b) the development complies with section 1.16 (Criterion 6—\naffected residential premises); and\n(c) the development would not result in any of the following:\n(i) the height of any new or altered building or other structure\nbeing more than the previously approved height of the\ndamaged building or other structure, both of which are\nmeasured from datum ground level;\n(ii) the gross floor area of any new or altered building or other\nstructure being more than—\n(A) 15% greater than the previously approved gross floor\narea of the damaged building or structure; or\n(B) the relevant gross floor area permitted under a defined\nprovision;\n\n(iii) any new or altered building or other structure being used\nfor more dwellings than were previously approved;\n(iv) a setback for any new or altered building or other structure\nnot complying with the lesser of the following:\n(A) a relevant setback under a defined provision;\n(B) any setback that was previously approved for the\nbuilding or structure that is replaced or altered; and\n(d) before the development starts, the lessee gives the following to\nthe territory planning authority:\n(i) written notice of when the development will start;\n(ii) a plan of the development;\n(iii) a written statement by a certifier that the development\nshown on the plan will not result in any of the matters\nmentioned in paragraph (c); and\n(e) at the completion of the development, a certifier gives the\nterritory planning authority a written statement that the\ndevelopment as constructed is in accordance with the plan given\nto the territory planning authority under paragraph (d).\n(3) This section does not apply to designated development to rebuild a\ndamaged building or other structure in—\n(a) one of the following zones identified in the territory plan:\n(i) IZ1 General Industrial Zone;\n(ii) IZ2 Mixed Use Industrial Zone; or\n(b) the area outlined in bold in plan 1.134.\n\nPlan 1.134\ncertifier means a certifier, for building work, within the meaning of\nthe Building Act 2004.\ndamage, in relation to a building or other structure, means damage\ncaused by an act or event, other than an act done by the lessee of the\nland with the intention of causing the damage.\nExamples—act or event causing damage\nnatural disaster, electrical fire, vandalism\ndefined provision means any quantitative requirement applicable\nunder—\n(a) a relevant provision in any relevant district policy that would\napply if the new or altered building or other structure were not\nexempt; and\n(b) a relevant residential zones—single dwelling housing\ndevelopment control.\n\nlessee, of land before the act or event that damaged the building or\nother structure—\n(a) means for land under a land sublease—the sublessee; and\n(b) includes a person who, before the act or event, had entered into\nan agreement with the lessee of the land giving the person a right\nto the transfer of the lease but to whom no transfer had been\nregistered under the Land Titles Act 1925 in accordance with the\nagreement.\nplan, of development, means—\n(a) a plan that complies with AS 1100 (Technical drawing –\nStructural engineering drawing) as in force from time to time; or\nNote AS 1100 does not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see Act, s 523 (4) and\nLegislation Act, s 47 (7)). The standard may be purchased at\nwww.standards.org.au.\n(b) unless the building or other structure will differ from the\npreviously approved development—the plan for the previously\napproved development.\npreviously approved—development has been previously approved if\nthe development was approved under any of the following:\n(a) the Buildings (Design and Siting) Act 1964 (repealed);\n(b) the Land (Planning and Environment) Act 1991 (repealed);\n(c) the Planning and Development Act 2007 (repealed);\n(d) the Act, unless, immediately before the act or event that\ndamaged the building or other structure—\n(i) the period for applying to the ACAT for review of the\ndecision to approve the development had not ended; or\n\nSection 1.135\n(ii) if an application to the ACAT for a review of the decision\nhad been made—the application had not been finally\ndisposed of by the ACAT.\n1.135 Affected residential premises—work essential for health,\nsafety or reasonable living conditions\nDesignated development involving affected residential premises if\nthe development is for work mentioned in section 1.16 (1) (b).\n1.136 Home businesses conducted from residential leases\n(1) The conduct of a home business from a residential lease if—\n(a) not more than 2 people work on the lease at any time; and\n(b) anyone who works on the lease in the business genuinely lives\non the lease; and\n(c) all goods and materials relating to the business (other than goods\nor materials kept on another lease) must be kept—\n(i) in buildings or other structures that are lawfully on the\nlease; and\n(ii) in a way that the goods and materials cannot be seen from\noutside the lease; and\nExamples—building or other structure lawfully on lease—par (c) (i)\n1 the building or other structure is exempt development under the Act, is\nexempt from the Building Act 2004, or has been certified under that Act,\ns 48 and has development approval under the Act\n2 an ex-government house that did not require building approval for its\nconstruction\n\nSection 1.137\nExample—building not lawfully on lease—par (c) (i)\nA shed, when constructed, is exempt from the Building Act 2004 and is\nexempt development under the Act. It is therefore lawfully on the lease.\nHowever, the shed is subsequentially altered in a way that makes it not\nexempt under 1 of the Acts. The shed is then not lawfully on the lease.\n(d) the area of the lease used for the business (including storage) is\nnot more than 40m2; and\n(e) any vehicles at the lease for the purposes of the business are\nparked—\n(i) on the lease in a driveway, garage, carport or location\nscreened from any part of the road on which the lease is\nlocated; or\n(ii) if the business is operated from a unit under the Unit Titles\nAct 2001—in parking for the unit; and\n(f) the conduct of the business complies with the Environment\nProtection Act 1997; and\n(g) averaged over a period of 7 days, the conduct of the business\ndoes not generate more than 5 vehicle arrivals each day at the\nlease; and\n(h) any sign relating to the business is exempt from requiring\ndevelopment approval under this schedule, division 1.4.3\n(Signs).\nhome business, in relation to a residential lease of land—see the Act,\nsection 276 (3).\n1.137 Tree damaging etc activity\n(1) Designated development if the development—\n(a) is an activity that would or may—\n(i) damage a protected tree; or\n\nSection 1.138\n(ii) be prohibited groundwork in—\n(A) the protection zone for a protected tree; or\n(B) a declared site; and\n(b) the activity is authorised by, and carried out in accordance with\nany conditions of, an approval under the Urban Forest\nAct 2023—\n(i) section 28 (Approval application—decision); or\n(ii) section 32 (Approval in urgent circumstances or for minor\nworks).\ndamage a protected tree—see the Urban Forest Act 2023, section 14.\nNote Damage includes killing, destroying, felling or removing all or part of a\nprotected tree (see Urban Forest Act 2023, s 14).\nprohibited groundwork—see the Urban Forest Act 2023, section 15.\nNote Prohibited groundwork includes contaminating, compacting or\nexcavating soil in a protected tree’s protection zone or damaging the\nprotected tree’s root system (see Urban Forest Act 2023, s 15).\nprotection zone, for a protected tree—see the Urban Forest Act 2023,\nsection 13.\n1.138 Landscape gardening\n(1) Landscape gardening (other than the construction of a retaining wall)\nthat affects the landscape of land if—\n(a) the landscape gardening is—\n(i) on land described in a residential lease; or\n(ii) prescribed landscaping (whether or not the land is land\ndescribed in a residential lease); and\n\nSection 1.138\n(b) if the landscape gardening is subject to a condition in a\ndevelopment approval in relation to the land—the condition has\nbeen complied with; and\n(c) if the landscape gardening affects an existing public pedestrian\naccess way, footpath or bicycle path—the landscape gardening\nmaintains the existing public access to the access way, footpath\nor bicycle path.\nNote 1 For retaining walls generally, see s 1.50. (Other provisions, eg external\ndecks (see s 1.45) and swimming pools (see s 1.51) may be relevant.)\nNote 2 If unleased land is affected by the landscape gardening, a licence under\nthe Act or a public unleased land permit under the Public Unleased Land\nAct 2013 may be required.\n(2) Section 1.11 (Criterion 1—easement and other access clearances)\ndoes not apply to development to which this section applies if the\nlandscape gardening does not involve building or installing a\nprescribed landscaping means landscaping in relation to any of the\n(a) a footpath;\n(b) a landing;\n(c) any other landscape structure (other than a retaining wall), or\nearthworks, if the vertical distance from the top of the structure\nor earthworks to datum ground level is not more than—\n(i) if the top of the structure or earthworks is above datum\nground level—0.4m; or\n(ii) if the top of the structure or earthworks is below finished\nground level—1.2m.\n\n1.139 Utility and telecommunications services\n(1) Designated development if—\n(a) the development involves—\n(i) installing a connection (other than a connection mentioned\nin subparagraph (ii) (A)) of not more than 100m between a\nconsumer’s premises and a network facility for a utility\nservice or telecommunications service; or\n(ii) if the development is carried out by Evoenergy in relation\nto an electricity network or gas network—any of the\n(A) installing a connection of not more than 500m\nbetween a consumer’s premises and a network\nfacility;\n(B) installing a connection of not more than 500m\nbetween network facilities;\n(C) for an electricity network—building or installing\nnetwork facilities to increase the capacity of the\nnetwork to not more than 8MVA;\n(D) for a gas network—building or installing network\nfacilities to increase the capacity of the network to not\nmore than 210kPa; or\n(iii) installing a utility service or telecommunications service in\naccordance with an approved subdivision design\napplication; or\nNote Subdivision design application—see the Act, s 43 (1).\n\n(iv) maintenance carried out only to maintain a utility service\nor telecommunications service; and\nExamples—maintenance\n1 replacing pipes with pipes that are the same or substantially the\nsame\n2 digging trenches needed to replace pipes, electrical conduits or\ncables\n3 replacing aerial lines with new aerial lines\n(b) the lessee or custodian of the land on which the development is\ncarried out has agreed, in writing, to the development; and\n(c) the development does not result in the clearing of more than\n0.5ha of native vegetation in a native vegetation area.\n(2) Designated development (other than development in relation to\nbuilding or installing network facilities mentioned in\nsubsection (1) (a) (ii) (C) or (D)) if—\n(a) the development involves any of the following:\n(i) building or installing minor utility service or\ntelecommunications service infrastructure if the\ninfrastructure has—\n(A) a plan area of not more than 15m2; and\n(B) a height of not more than 3m above datum ground\nlevel;\nExamples—minor infrastructure\nsubstation, electrical or telecommunications cabinet, survey platform,\nconcrete pad\n(ii) building or installing a fence around, or partly around,\nutility service or telecommunications service infrastructure\nif—\n(A) the height of the fence is not more than 3m above\n\n(B) no part of the fence or wall diverts or concentrates the\nflow of surface water in a way that causes the water\nto pond or be diverted onto other land;\n(iii) building or installing a vent stack if—\n(A) the height of the stack is not more than 6m above\n(B) the stack is not within 50m of the boundary of a block\nin a residential zone;\n(iv) installing a security camera, security lighting or other\nsecurity infrastructure or fixings on, or within 25m of,\nexisting utility service or telecommunications service\nbuildings or other structures;\nExamples—other security infrastructure or fixings\nbarbed wire, razor wire, security bars on windows, security alarm\nsystem\nNote Other laws, including the Environment Protection Act 1997,\napply in relation to the emission of electromagnetic\nradiation, including light.\n(v) modifying existing minor utility service or\ntelecommunications service infrastructure, or an existing\nutility service or telecommunications service building, if\nthe modification does not increase the existing dimensions\nof the infrastructure or building by 20% or more;\nExamples—modifications\n1 roof replacement with minor modification to angles\n2 stairwell cover marginally increased to allow for safety standards\n(vi) installing a temporary building or other structure on land\nleased by a utility service or telecommunications service\nentity if—\n(A) the height of the building or structure is not more than\n5m above datum ground level; and\n\n(B) the building or structure is removed from the land\nwithin 3 years after the building or structure is\ninstalled;\nExamples—temporary buildings or other structures\nconstruction site shed, temporary water tank\n(vii) demolishing minor utility service or telecommunications\nservice infrastructure; and\n(b) the lessee or custodian of the land on which the development is\ncarried out has agreed, in writing, to the development; and\n(c) the development does not result in the clearing of more than\n0.5ha of native vegetation in a native vegetation area; and\n(d) at least 7 days before the development starts, the proponent\ngives written notice to the occupier of each block in a residential\nzone within 100m of the development.\nNote Written notice is also required to be given to land-holders before\nany network operations begin (see Utilities Act 2000, div 7.3 and\nsdiv 14.2.2).\n(3) Designated development if the development involves carrying out\nany earthworks or other construction work on or under the\nland in relation to designated development mentioned in\nsubsection (1) or (2).\n(4) Section 1.17 (Criterion 7—compliance with other applicable\nelectricity network means either of the following under the Utilities\nAct 2000, section 7:\n(a) an electricity transmission network;\n(b) an electricity distribution network.\n\nSection 1.140\nEvoenergy means Icon Distribution Investments Limited ACN 073\n025 224 and Jemena Networks (ACT) Pty Ltd ACN 008 552 663\nworking in partnership as Evoenergy ABN 76 670 568 688.\nfence includes—\n(a) a gate that forms part of, or functions as, a fence; and\n(b) a fence for an open space boundary.\ngas network means either of the following under the Utilities\nAct 2000, section 10:\n(a) a gas transmission network;\n(b) a gas distribution network.\nnetwork facility—see the Utilities Act 2000, dictionary.\npremises includes land.\ntelecommunications service—see the Telecommunications\n(Interception and Access) Act 1979 (Cwlth), section 5 (1).\nutility service means an electricity, water, sewerage, stormwater or\ngas service under the Utilities Act 2000.\n1.140 Electric-powered vehicle charging points\n(1) Designated development for an electric-powered vehicle charging\npoint on land, in a building or other structure, or on the exterior of a\nbuilding or other structure, in a built-up urban area if—\n(a) electricity services are already connected within 500m of the\ncharging point; and\n(b) each electric-powered vehicle charging point has—\n(i) a height of not more than 2.5m above datum ground level;\nand\n(ii) a plan area of not more than 2m2; and\n\nSection 1.140\n(c) the development complies with AS/NZS 60079.10 (Explosive\natmospheres) as in force from time to time; and\nNote AS/NZS 60079.10 does not need to be notified under the\nLegislation Act because s 47 (6) does not apply (see Act, s 523 (4)\nand Legislation Act, s 47 (7)). The standard may be purchased at\nwww.standards.org.au.\n(d) the development complies with a relevant EV charging points—\nfire safety development control declared under\nsection 14 (1) (c); and\n(e) the person undertaking the development complies with\nelectricity distribution obligations.\nelectricity distribution obligations—a person complies with\nelectricity distribution obligations if the person—\n(a) has obtained a statement of compliance with electricity network\nrequirements from Evoenergy before undertaking any\nconstruction for the development; and\n(b) complies with any conditions imposed under the statement.\nelectricity services means the utility services described in the Utilities\nAct 2000, section 6.\nelectric-powered vehicle charging point means a structure and any\nancillary infrastructure that allows for the charging of an\nelectric-powered vehicle.\nEvoenergy—see section 1.139 (5).\n\nSection 1.141\n1.141 Bores\n(1) Designated development in relation to a bore.\nNote Other territory laws, including the Water Resources Act 2007 and the\nEnvironment Protection Act 1997, must be complied with (see s 1.6 and\ns 1.13).\nbore—see the Water Resources Act 2007, dictionary.\n1.142 Works under Water Resources Act by non-territory\nentities\n(1) Designated development if the development is to give effect to a\ndirection under any of the following provisions of the Water\nResources Act 2007:\n(a) section 72 (1) (Direction to modify or remove water structure);\n(b) section 73 (2) (Direction to rectify effect of unauthorised\nactivity etc);\n(c) section 74 (2) (Direction to prevent or rectify damage to bed or\nbank of waterway).\n(2) To remove any doubt, this section does not apply to designated\ndevelopment in accordance with the Water Resources Act 2007,\nsection 74 (1) (which places a duty on the owner or occupier to take\nreasonable steps to prevent damage to the bed or banks of the\nwaterway).\n1.143 Temporary use of land for emergency services training\netc\n(1) Designated development for the use of land for training or testing of\nthings by an authorised entity, if—\n(a) the training or testing includes a notifiable activity; and\n\nSection 1.143\n(b) the training or testing is carried out on the land during ordinary\nbusiness hours on not more than 2 consecutive days in any year;\nand\n(c) at least 5 days before the day the training or testing is to be\ncarried out, the authorised entity gives written notice of the\nfollowing to the occupier of each place (other than unleased\nland) adjoining the land:\n(i) when the training or testing will be carried out;\n(ii) the general nature of the training or testing.\nNote Use, of land—see the Act, s 15.\nauthorised entity means—\n(a) the Australian Defence Force; or\n(b) the Australian Federal Police; or\n(c) an emergency service; or\nNote Emergency service—see the Legislation Act, dict, pt 1.\n(d) any other Territory, Commonwealth or State entity authorised in\nwriting by the territory planning authority.\nnotifiable activity, in relation to land, means—\n(a) damaging a building or other structure on the land; or\n(b) simulating a violent incident in relation to the land; or\n(c) simulating an emergency response in relation to the land.\n\nSection 1.144\n1.144 Subdivisions—Unit Titles Act 2001\nThe subdivision of land under a unit title application under the Unit\nTitles Act 2001 if the subdivision does not involve affected residential\npremises.\nNote See the Act, s 185 and s 187 in relation to development approval for the\nsubdivision of a units plan.\n1.145 Designated areas—development not involving lease\nvariations\n(1) Development in a designated area if the development does not\ninvolve the variation of a lease.\n(2) The following provisions of this schedule do not apply to\ndevelopment under this section:\n(a) section 1.11 (Criterion 1—easement and other access\nclearances);\n(b) section 1.12 (Criterion 2—plumbing and drainage clearances);\n(c) section 1.13 (Criterion 3—heritage, tree, environment and\n(d) section 1.14 (Criterion 4—compliance with lease and agreement\ncollateral to lease);\n(e) section 1.15 (Criterion 5—no multiple occupancy dwellings);\n(f) section 1.17 (Criterion 7—compliance with other applicable\nexemption).\n(3) To remove any doubt, section 1.13 (Criterion 6—affected residential\npremises) applies to development under this section.\ndesignated area—see the Australian Capital Territory (Planning and\nLand Management) Act 1988 (Cwlth), section 4.\n\nPart 1.5 Permitted open space boundary fence colours\nPart 1.5 Permitted open space boundary\nfence colours\n(see s 1.49 (2) (c) (iii))\nitem\n1 B53 (Dark Grey Blue)\n2 G14 (Moss Green)\n3 G15 (Rainforest Green)\n4 G16 (Traffic Green)\n5 G23 (Shamrock)\n6 G24 (Fern Green)\n7 G25 (Olive)\n8 G34 (Avocado)\n9 G52 (Eucalyptus)\n10 G53 (Banksia)\n11 G54 (Mist Green)\n12 G55 (Lichen)\n13 G56 (Sage Green)\n14 G62 (River Gum)\n15 G64 (Slate)\n16 G65 (Ti-Tree)\n17 G66 (Environment Green)\n18 N54 (Basalt)\n19 N55 (Lead Grey)\n20 N63 (Pewter)\n21 N64 (Dark Grey)\n\nPermitted open space boundary fence colours Part 1.5\nitem\n22 N65 (Graphite Grey)\n23 P42 (Mulberry)\n24 P52 (Plum)\n25 R44 (Possum)\n26 R45 (Ruby)\n27 R52 (Terra Cotta)\n28 R53 (Red Gum)\n29 R54 (Raspberry)\n30 R55 (Claret)\n31 R62 (Venetian Red)\n32 R63 (Red Oxide)\n33 R64 (Deep Indian Red)\n34 T14 (Malachite)\n35 T51 (Mountain Blue)\n36 T53 (Peacock Blue)\n37 X41 (Buff)\n38 X42 (Biscuit)\n39 X43 (Beige)\n40 X45 (Cinnamon)\n41 X51 (Tan)\n42 X52 (Coffee)\n43 X53 (Golden Tan)\n44 X54 (Brown)\n45 X55 (Nut Brown)\n46 X61 (Wombat)\n\nPart 1.5 Permitted open space boundary fence colours\nitem\n47 X62 (Dark Earth)\n48 Y44 (Sand)\n49 Y45 (Manila)\n50 Y51 (Bronze Olive)\n51 Y52 (Chamois)\n52 Y53 (Sandstone)\n53 Y54 (Oatmeal)\n54 Y55 (Deep Stone)\n55 Y56 (Merino)\n56 Y62 (Sugar Cane)\n57 Y63 (Khaki)\n58 Y65 (Mushroom)\n59 Y66 (Mudstone)\n\n(see s 1.61 and s 1.63)\nTable 1.6.1 Exempt signs: commercial and industrial zones\nCommercial and industrial zones\nType of sign CZ1 CZ2 CZ3 CZ4 CZ5 CZ6 IZ1 IZ2\nAwning/fascia sign A A A A A A A\nBlind sign A A A A A A\nBusiness plate sign A A A A A A A A\nCanopy sign A A A A A A\nChangeable message sign A A A A A A A\nConstruction site fence sign A A A A A A A A\nDisplay home/development\nsite sales sign\nT T T T T T T T\nEvent sign T T T T T T T T\nFence sign\nFlag pole sign\nGround sign A A A A A A A\nHamper sign A A A A A A A\nHigh rise building sign\nInflatable sign\nInformation sign A A A A A A A A\nLantern sign A A A A A A A A\nMobile sign\nPole sign A A A A A\nProjecting sign\nPylon/column sign\nRoof sign\n\nCommercial and industrial zones\nType of sign CZ1 CZ2 CZ3 CZ4 CZ5 CZ6 IZ1 IZ2\nStallboard sign A A A A A A A\nTerritory signs A A\nUnder awning sign A A A A A A A\nVertical banner building sign A A\nVertical banner freestanding\nsign\nA A\nWall sign A A\nWindow sign A A A A A A A\n\nTable 1.6.2 Exempt signs: zones other than commercial and industrial zones\nAwning/fascia sign\nBlind sign A\nBusiness plate sign A A A A A A A A A\nCanopy sign\nChangeable message sign\nConstruction site fence sign A A A A A A A A A\nDisplay home/development site sales sign\nEvent sign T T\nFence sign\nFlag pole sign\n\nGround sign\nHamper sign\nHigh rise building sign\nInflatable sign\nInformation sign A A A A A A A A\nLantern sign A A A A A A A A A\nMobile sign\nPole sign\nProjecting sign\nPylon/column sign\nRoof sign\nStallboard sign\n\nTerritory signs\nUnder awning sign\nVertical banner building sign\nVertical banner freestanding sign\nWall sign\nWindow sign\n\n","sortOrder":18},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Interpretation—sch 2","content":"Part 2.1 Interpretation—sch 2\nSection 2.1\n","sortOrder":19},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Permitted construction","content":"Schedule 2 Permitted construction\ntolerances\n(see s 7)\nPart 2.1 Interpretation—sch 2\n2.1 Definitions—sch 2\napproved development means development covered by a\ndevelopment approval.\nexempt development means development exempt from requiring\ndevelopment approval under this regulation.\nPart 2.2 Permitted construction\ntolerances\n2.2 Horizontal siting tolerances for buildings and other\nstructures\n(1) This section applies to the horizontal siting on a block of a building\nor other structure that does not comply with the applicable siting\ncriteria.\n(2) This section does not apply if—\n(a) a relevant solar building envelope applies to the block; and\n(b) any point of the building or structure extends beyond the\nrelevant solar building envelope (an encroachment); and\n(c) the encroachment is not permitted by a development approval or\nexemption declaration.\n\nPermitted construction tolerances Schedule 2\nPermitted construction tolerances Part 2.2\nSection 2.2\n(3) The building or structure must be horizontally sited so that—\n(a) for any point of the building or structure that the applicable\nsiting criteria allows or requires to be sited on, or not more than\n900mm horizontally from, a boundary of the block—\n(i) for a boundary fence—the point is sited so that the centre\nof the fence’s panelling is not more than 50mm\nhorizontally from the boundary; and\n(ii) in any other case—the point is sited wholly on the block\nand not more than 50mm horizontally from where the\napplicable siting criteria allow or require it to be sited; and\n(b) for any point of the building or structure that the applicable\nsiting criteria allows or requires to be sited more than 900mm\nhorizontally from a boundary of the block—the point is sited\nwholly on the block and not more than 340mm horizontally from\nwhere the applicable siting criteria allow or require it to be sited;\nand\n(c) compared to the approved development or exempt development,\nthe building or structure does not do either or both of the\n(i) increase the diversion or concentration of the flow of\n(A) in a way that causes ponding; or\n(B) onto other land;\n(ii) change the number of stories in the building or structure.\nExample—s (3)\nAn exemption for the construction of a house requires a wall to be sited not closer\nthan 900mm horizontally from the western boundary of the block. The house is\nconstructed so that its western wall is 850mm horizontally from the boundary\n(50mm less than required). The siting of the house is within the allowed tolerance\nunder par (a) (ii) because it breaches the siting requirement under the exemption by\nnot more than 50mm.\n\nPart 2.2 Permitted construction tolerances\nNote 1 The development, as changed in accordance with this section, must also\ncomply with the general exemption criteria.\nNote 2 A change to the height of the finished floor level of the level immediately\nabove a basement may mean that the space is counted as a storey and may\nalso affect the calculation of gross floor area.\n(4) If the territory planning authority makes an exemption declaration\nthat extends the permitted horizontal dimension of a dwelling, the\ndistance of 340mm mentioned in subsection (3) (b) is reduced—\n(a) if the dimension is extended by not more than 290mm—by the\nextended distance stated in relation to the dimension in the\nexemption declaration; or\n(b) if the dimension is extended by more than 290mm—by 290mm.\napplicable siting criteria, in relation to a point of a building or other\nstructure on a block, means the criteria about the horizontal siting of\nthe point on the block under—\n(a) if the building or structure would be covered by a development\napproval other than for its horizontal siting on the block—the\napproval; or\n(b) if the building or structure would be exempt development other\nthan for its horizontal siting on the block—schedule 1, part 1.4\n(Development exempt from development approval).\non, a block or a boundary of a block, includes above or below ground\nlevel for the block or boundary.\n2.3 Height tolerances for buildings and other structures\n(1) This section applies to the vertical siting on a block of a building or\nother structure that does not comply with the applicable height\ncriteria.\n\nPermitted construction tolerances Schedule 2\nPermitted construction tolerances Part 2.2\n(2) This section does not apply if—\n(a) a relevant solar building envelope applies to the block; and\n(b) any point of the building or structure extends beyond the\nrelevant solar building envelope (an encroachment); and\n(c) the encroachment is not permitted by a relevant development\napproval or exemption declaration.\n(3) The building or structure must be vertically sited so that—\n(a) for any point of the building or structure that the applicable\nheight criteria allows or requires to be sited at a particular\nheight—\n(i) the point is sited wholly within the lease to which the point\nrelates and is not more than 340mm above or below where\nthe applicable height criteria allow or require the point to\nbe sited; but\n(ii) if the point is the sill of an exterior window—the sill is not\nmore than 50mm closer to the finished floor level\nimmediately adjacent to the window’s sill; and\nExample—par (a) (i)\nA multistorey block of apartments is divided into separate units under the\nUnit Titles Act 2001. Each apartment must be within the spatial lease for the\nunit.\n(b) compared to the approved development or exempt development,\nthe building or structure does not do any of the following:\n(i) increase the diversion or concentration of the flow of\n(A) in a way that causes ponding; or\n(B) onto other land;\n(ii) reduce the accessibility of the building or structure for\npeople with disabilities;\n\nPart 2.2 Permitted construction tolerances\n(iii) change the number of stories in the building or structure.\nNote 1 The development, as changed in accordance with this section, must also\ncomply with the general exemption criteria.\nNote 2 A change to the height of the finished floor level of the level immediately\nabove a basement may mean that the space is counted as a storey and may\nalso affect the calculation of gross floor area.\n(4) If the territory planning authority makes an exemption declaration\nthat extends a permitted height criterion of a dwelling, the distance of\n340mm mentioned in subsection (3) (a) (i) is reduced—\n(a) if the criterion is extended by not more than 290mm—by the\nextended distance stated in the exemption declaration for the\ncriterion; or\n(b) if the criterion is extended by more than 290mm—by 290mm.\napplicable height criteria, in relation to a point of a building or\nstructure, means the criteria about the height of the point under—\n(a) if the building or structure would be covered by a development\napproval other than for the height of the point—the approval; or\n(b) if the building or structure would be exempt development other\nthan for the height of the point—schedule 1, part 1.4\n(Development exempt from development approval).\nlease includes a land sublease.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions relevant to this regulation.\nFor example:\n• ACAT\n• building code\n• conservator of flora and fauna\n• Corporations Act\n• emergency services commissioner\n• environment protection authority\n• heritage council\n• land titles register\n• person (see s 160)\n• the Territory\n• working day.\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Planning Act 2023. For example, the following terms are defined in\nthe Act, dict:\n• authority website (see s 509)\n• custodian\n• development (see s 14 (1))\n• development application (see s 166 (1))\n• development approval\n• development proposal\n• district policy\n• EPBC Act\n• exempt development (see s 145)\n• exemption assessment (see s 151 (1))\n• exemption assessment D notice (see s 152 (2) (b))\n• exemption assessor (see s 151 (1))\n• future urban area\n• land management agreement (see s 350 (2) (a))\n• land sublease\n\n• lease\n• proponent\n• residential lease\n• rural lease (see s 256)\n• structure\n• subdivision design application (see s 43 (1))\n• territory plan (see s 45)\n• territory planning authority\n• use (see s 15)\n• zone.\nNote 3 Terms used in sch 1 and sch 2 of this regulation have the same meaning\nthat they have in the territory plan (see s 5). For example, the following\nterms are defined in the territory plan:\n• attic\n• basement\n• building line\n• carport\n• datum ground level\n• finished floor level\n• finished ground level\n• front boundary\n• front zone\n• gross floor area\n• setback\n• storey.\naffected residential premises, for schedule 1 (Exemptions from\nrequirement for development approval)—see the Dangerous\nSubstances Act 2004, section 47I.\napproved development, for schedule 2 (Permitted construction\ntolerances)—see schedule 2, section 2.1.\n\nblock means—\n(a) a block under the Districts Act 2002; or\n(b) for land under a land sublease—the land identified in the\nregistered sublease plan.\nboundary, for schedule 1, division 1.4.4 (Community gardens)—see\nschedule 1, section 1.71.\nbuilt-up urban area, for schedule 1, (Exemptions from requirement\nfor development approval)—see schedule 1, section 1.2.\nclass, for a building or other structure, means the class of building or\nstructure under the building code.\nclass 10a building—\n(a) for schedule 1, division 1.4.2 (Non-habitable buildings and other\nstructures)—see schedule 1, section 1.40; and\n(b) for schedule 1, division 1.4.4 (Community gardens)—see\nschedule 1, section 1.71.\nclass 10b structure, for schedule 1, division 1.4.4 (Community\ngardens)—see schedule 1, section 1.71.\nclearing native vegetation, for schedule 1 (Exemptions from\nrequirement for development approval)—see the Nature\nConservation Act 2014, section 234.\ncommunity garden, for schedule 1, division 1.4.4 (Community\ngardens)—see schedule 1, section 1.71.\ndesignated development, in relation to land, for schedule 1\n(Exemptions from requirement for development approval)—see\nschedule 1, section 1.3.\ndwelling—see section 6 (1).\nexempt development, for schedule 2 (Permitted construction\ntolerances)—see schedule 2, section 2.1.\nexemption declaration—see schedule 1, section 1.131 (1) (d).\n\nexisting ground level, in relation to an area, for schedule 1,\ndivision 1.4.8 (Schools)—see schedule 1, section 1.101.\nexisting school, for schedule 1, division 1.4.8 (Schools)—see\nschedule 1, section 1.102.\nexisting school campus, for schedule 1 (Exemptions from\nrequirement for development approval)—see schedule 1, section 1.1.\ngeneral exemption criteria, for development—see schedule 1,\nsection 1.10.\nheight, for a thing (including a building or other structure) means—\n(a) in relation to finished ground level—the largest of the vertical\ndistances measured at all points for the thing between finished\nground level for each point to the top of the thing above the\npoint; or\n(b) in relation to datum ground level—the largest of the vertical\ndistances measured at all points for the thing between datum\nground level for each point to the top of the thing above the\npoint; or\n(c) in relation to something else (the baseline)—the largest of the\nvertical distances measured at all points for the thing between\nthe baseline for each point to the top of the thing above the point.\nnative vegetation, for an area, for schedule 1 (Exemptions from\nrequirement for development approval)—see the Nature\nConservation Act 2014, section 232.\nnative vegetation area, for schedule 1 (Exemptions from requirement\nfor development approval)—see the Nature Conservation Act 2014,\nsection 233.\nopen space boundary, for schedule 1 (Exemptions from requirement\nfor development approval)—see the Act, section 516 (3).\noutdoor eating or drinking place, for schedule 1, division 1.4.5\n(Outdoor eating or drinking places)—see the Smoke-Free Public\nPlaces Act 2003, section 9A.\n\nowner, of land, means, for land under a land sublease, the sublessee.\nparty wall, for schedule 1 (Exemptions from requirement for\ndevelopment approval)—see the Common Boundaries Act 1981,\nsection 27.\nplan area, of a building or other structure, means the total horizontal\narea of the building or structure if viewed from above.\n1 If viewed from above, the outer edge of a house’s roof gutters, front patio and\nrear pergola are visible as the building’s outermost perimeter. Therefore, the\nplan area of the house is the horizontal area bounded by the outer edges of the\ngutters, pergola and patio.\n2 If viewed from above, an office building is a square ring shape with a large\nopen courtyard in the centre. The courtyard does not contain structures that\nare related to the building. The plan area of the building excludes the area of\nthe courtyard.\nplaying field, for schedule 1, division 1.4.8 (Schools)—see\nschedule 1, section 1.101.\npublic unleased land, for schedule 1 (Exemptions from requirement\nfor development approval)—see the Public Unleased Land Act 2013,\nsection 8.\nrear boundary means a boundary that is not a front boundary and\ndoes not meet a front boundary.\nrelevant solar building envelope, in relation to exempt development,\nmeans the solar building envelope that would apply under a relevant\nprovision of the territory plan if the development were not exempt.\nside boundary means a boundary that meets a front boundary.\nsurface water—see the Water Resources Act 2007, section 8.\nyoung child, for schedule 1, division 1.4.8 (Schools)—see the\nChildren and Young People Act 2008, section 733 (3).\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nPlanning (Exempt Development) Regulation 2023 SL2023-21\nnotified LR 11 September 2023\ns 1, s 2 commenced 11 September 2023 (LA s 75 (1))\nremainder commenced 27 November 2023 (s 2 and see Planning\nAct 2023 A2023-18, s 2 (2) and CN2023-10)\nas amended by\nUrban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1\npt 1.6\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDefinitions—sch 1\nsch 1 s 1.1 def built-up urban area sub A2023-52 amdt 1.39\nMeaning of built-up urban area—sch 1\nsch 1 s 1.2 om A2023-52 amdt 1.40\nCriterion 3—heritage, tree, environment and conservation\nsch 1 s 1.13 am A2023-52 amdt 1.41\nTree damaging etc activity\nsch 1 s 1.137 am A2023-52 amdt 1.42, amdt 1.43\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n27 Nov 2023\n27 Nov 2023–\n31 Dec 2023\nnot amended new regulation","sortOrder":20}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The republished regulation incorporates amendments recorded in the amendment history (see endnotes). The Urban Forest (Consequential Amendments) Act 2023 (A2023-52) altered definitions and provisions in Schedule 1 (for example: sch 1 s 1.1 definition changed, sch 1 s 1.2 omitted, sch 1 s 1.13 (Criterion 3—heritage, tree, environment and conservation) amended and sch 1 s 1.137 (tree damaging activity) amended) as noted in the amendment history (Endnote 4). Those changes expand the regulation’s interaction with urban-forest and tree-protection rules and adjust the scope and application of certain exemptions accordingly."},"complexity_factors":["Large, detailed Schedule 1 with many specific numeric thresholds (heights, setbacks, plan areas) across multiple categories (minor works, class 10a/10b, signs, schools, community gardens, territory works, utilities, etc.)","Frequent cross-references to other legislation and external technical standards (Building Act 2004, Environment Protection Act 1997, Urban Forest Act 2023, AS/NZS standards) creating multi‑regime compliance requirements (see s 1.6, s 1.12, s 1.13, sch 2)","Procedural layers: exemption assessments, assessor licences, D notices, prescribed plans/documents and required consents from lessees or custodians (ss 8–13)","Discretion and declaratory powers for the territory planning authority (s 14; Schedule 1, s 1.131) combined with mandatory timeframes that create operational decision points","Permitted construction tolerances (Schedule 2) that interact with exemption criteria and existing development approvals, producing conditional complexity","Multiple special regimes (schools, community gardens, rural leases, territory works, utilities) each with bespoke rules and exceptions to general criteria (see Schedule 1 divisions)","Notifications and neighbour information rules for certain proposals (s 1.18; s 1.139(2)(d)) add procedural complexity and potential for disputes","Specific exclusions and reduced applicability of general criteria for many items (many provisions state that s 1.17 or other general criteria do not apply), increasing the need to track which conditions apply to each exemption"],"plain_english_summary":"### What this regulation does (mechanically)\n\n- It lists types of building and land work that do not need a separate development approval under the Planning Act 2023. The core rule is in section 7 and the full set of exemptions and conditions appear in Schedule 1 (see Schedule 1, Part 1.4 and s 7).  \n- It sets out the procedural and documentary requirements for someone seeking an exemption assessment and for the exemption assessor’s notice (Part 3: ss 8–13). For example, applications must include prescribed plans (s 10), applicant and parcel details (s 9), and certain documents when particular exemptions apply (s 11).  \n- It establishes permitted construction tolerances (Schedule 2, ss 2.2–2.3) so small deviations in siting or height do not automatically require development approval.  \n- It gives the territory planning authority powers to declare additional development controls for single-dwelling design, signs, and EV charging fire safety (s 14).  \n\n### Who is affected\n\n- Primary: people and entities who build, alter, demolish or install structures on land in the ACT (proponents, lessees, contractors). Many routine or small-scale works (internal alterations, decks, small sheds, PV panels, batteries, signs, community-garden structures, school works, minor public works, some utility works, etc.) are covered when they meet the specific criteria in Schedule 1 (see Schedule 1, Divisions 1.4.1–1.4.9).  \n- Land holders: many exemptions require the lessee’s or custodian’s written agreement (see s 8 and examples across Schedule 1, e.g. s 1.24 for street art).  \n- Territory authorities and assessors: responsibility for processing exemption assessments, issuing D notices and making declarations under s 14.  \n\n### Why it matters (stated effect and how that plays out in practice)\n\n- The regulation mechanically reduces the number of small or predictable development applications requiring formal development approval by specifying categories and objective criteria that, if met, make work “exempt development” (s 7; Schedule 1).  \n- The effect is a shift of compliance and verification from a pre-approval planning decision to front-line checks: proponents must ensure they meet the numeric and documentary conditions in the schedule and may need to obtain an exemption assessment D notice or an exemption declaration in some cases (see ss 11–13; Schedule 1, s 1.131).  \n\n### Costs, incentives and trade-offs (text-grounded)\n\n- Who pays: proponents (homeowners, businesses, utilities, the Territory when it carries out public works) pay the compliance costs—time and expense to meet technical criteria, prepare plans and documents (ss 9–11), obtain written agreements from lessees/custodians where required (s 8; multiple examples in Schedule 1), and where relevant engage certifiers or exemption assessors (s 12(c), s 13).  \n- Who decides: exemption assessors and the territory planning authority make formal determinations (s 12; s 14). The territory planning authority also issues exemption declarations and must make or refuse a declaration within the statutory timeframe when an application is made (Schedule 1, s 1.131(3)–(4)).  \n- Compliance burden: many exemptions require adherence to precise numerical limits (heights, setbacks, plan areas, volumes) and to external technical standards (for plumbing AS/NZS 3500, s 1.12; EV charging AS/NZS 60079.10, s 1.140), plus specified documents and, in some cases, survey certificates (s 13(1)(b)). Some works require prior written notice to neighbours (Schedule 1, s 1.18) or to occupiers near utilities (s 1.139(2)(d)).  \n- Bureaucratic discretion and timeliness: the territory planning authority has declaratory powers (s 14) and must be satisfied of conditions before making certain exemption declarations (Schedule 1, s 1.131(4)). The regulation sets decision and notice content requirements (ss 12–13) that structure assessor discretion but leave factual judgements (e.g. whether non-compliance is “minor”) to the authority (Schedule 1, s 1.131(4)(a)).  \n- Interaction with other laws and approvals: an exemption does not remove the need to comply with other territory laws or to obtain building approval under the Building Act 2004 (s 1.6; note to s 7). The regulation cross-references heritage, environment, utilities and water laws (e.g. s 1.13, s 1.139, s 1.142). This means proponents must check multiple legal regimes as part of compliance.  \n\n### Effects on behaviour and markets (concrete mechanisms)\n\n- Developers/homeowners: clear, objective thresholds (setbacks, heights, plan areas) create an incentive to design works to fit exemptions to avoid full development approval processes (see many numerical conditions in Schedule 1). Permitted tolerances (Schedule 2) reduce the cost of small on-site adjustments.  \n- Utilities and service providers: the regulation gives specific exemptions and conditions for utility work (s 1.139), and for Evoenergy in particular (s 1.139(5)), which creates a tailored pathway for network upgrades and connections subject to notice and technical limits.  \n- Territory operations: public works carried out by or for the Territory have their own exemption route but must still meet environmental safeguards and internal signoffs (s 1.90).  \n\n### Concentrated benefits, diffuse costs and implementation risks (text-based)\n\n- Concentrated benefits: owners of single dwellings, small businesses, and utility providers who meet the criteria gain faster, lower-cost delivery for routine works (see Schedule 1, divs 1.4.1, 1.4.2, 1.4.9, and s 1.139).  \n- Diffuse costs/risks: neighbours and the public bear a risk of lower pre-approval scrutiny for some impacts (e.g. shading, noise, heritage impacts). The regulation builds in protections (e.g. Criterion 3: compliance with heritage and environment laws, s 1.13; neighbour information requirements, s 1.18; notice requirements for utility works, s 1.139(2)(d)).  \n- Implementation risks: correct application depends on accurate measurement, technical compliance with external standards, and clarity about where exemptions intersect with other laws (e.g. building approvals or heritage protections). The regulation registers these dependencies (s 1.6; sch 2 referencing AS standards) and prescribes paperwork and assessor endorsements to manage them (ss 12–13).  \n\n### Immediate operational points to note (practical mechanics)\n\n- If someone other than the lessee makes an exemption assessment application, the lessee (or custodian/authority) must approve it in writing (s 8).  \n- For certain single-dwelling variations, the territory planning authority can issue a short-term exemption declaration that authorises specified minor non-compliance; the authority must make a decision within 10 working days and the declaration is time-limited (Schedule 1, s 1.131).  \n- Exemption assessors must include their name, endorsement and licence number in D notices (s 12(c)), and attach endorsed plans as prescribed (s 13).  \n- An exemption does not remove obligations under other Acts (s 1.6) and building approval may still be required (note to s 7).  \n\nReferences to the regulation: primary mechanics—s 7, Schedule 1 (all of Part 1.4), Schedule 2 (ss 2.2–2.3). Procedural requirements—Part 3 (ss 8–13). Declarations and controls—s 14 and Schedule 1, s 1.131. External law interactions—s 1.6 and s 1.13."},"kimi_summary":{"_metrics":{"completionTokens":847},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a regulation made under the Planning Act 2023 to specify exempt development categories. The 2024 republication incorporates amendments from the Urban Forest (Consequential Amendments) Act 2023, which updated tree and vegetation references — this is a technical update rather than scope expansion."},"complexity_factors":["Extensive cross-referencing between the regulation, the Planning Act 2023, the Territory Plan, and multiple other ACT laws (Building Act, Heritage Act, Nature Conservation Act, etc.)","47+ defined terms in the dictionary plus numerous signpost definitions to external legislation","Nested conditional logic with multiple exceptions to exceptions (e.g., section 1.41 allowing a second exempt building only if combined cross-section area ≤30m²)","Detailed dimensional requirements throughout — heights, setbacks, plan areas, distances from boundaries with varying thresholds based on block size, zone, and building type","Multiple disapplications of general criteria for specific provisions requiring careful tracking of which rules apply to which development","Schedule-based structure with Parts, Divisions, and Subdivisions creating layered navigation (e.g., Schedule 1, Part 1.4, Division 1.4.2, Subdivision 1.4.2.2)","Tables of exempt signs with zone-specific permissions requiring matrix interpretation","Construction tolerance calculations in Schedule 2 with conditional adjustments based on exemption declarations"],"plain_english_summary":"This regulation sets out what building and development work in the ACT can be done **without needing planning approval**.\n\n**What it does**\n\nThe regulation creates a detailed list of \"exempt development\" — construction and changes to land that are pre-approved under the *Planning Act 2023*. If your project fits the rules here, you skip the usual development application process.\n\n**Who it affects**\n\n- **Homeowners** wanting to build sheds, decks, fences, install solar panels, or make minor alterations\n- **Schools** needing new buildings, shade structures, or playground equipment\n- **Businesses** putting up signs or outdoor dining areas\n- **Government bodies** doing public works, emergency repairs, or infrastructure\n- **Rural landholders** undertaking small-scale development\n\n**Key categories of exempt work**\n\n| Category | Examples |\n|----------|----------|\n| *Minor building works* | Internal alterations, new windows/doors, roof changes, skylights, external painting, air conditioners, solar panels, batteries |\n| *Non-habitable structures* | Garages, carports, sheds, decks, verandahs, fences, retaining walls, swimming pools, water tanks, animal enclosures |\n| *Signs* | Business signs, temporary signs, construction signs (with size and zone restrictions) |\n| *Community gardens & outdoor dining* | Garden sheds, shade structures, removable outdoor furniture |\n| *Schools* | Classrooms, halls, fences, playgrounds, shade structures, artwork |\n| *Single dwellings* | New houses that comply with design controls, or minor non-compliance approved by declaration |\n| *Public works & emergencies* | Roads, paths, drainage, flood mitigation, emergency repairs |\n| *Utilities & telecommunications* | Power lines, substations, EV charging points |\n\n**Important catches**\n\nEven exempt development must usually meet **seven general criteria**: no building in easements, proper plumbing clearances, heritage and tree protection, lease compliance, no creating multiple dwellings, restrictions on affected residential premises (like former meth labs), and compliance with all other applicable exemption rules.\n\n**Construction tolerances**\n\nThe regulation allows small measurement errors — generally **50mm** for work near boundaries and **340mm** for other siting and height requirements — without losing the exemption.\n\n**Why it matters**\n\nThis regulation saves time and money for straightforward, low-impact development while maintaining safeguards for neighbours, heritage, and the environment. It replaces case-by-case approvals with clear, measurable rules."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/planning-exempt-development-regulation-2023","history":"/api/acts/planning-exempt-development-regulation-2023/history","analysis":"/api/acts/planning-exempt-development-regulation-2023/analysis","conflicts":"/api/acts/planning-exempt-development-regulation-2023/conflicts","importantCases":"/api/acts/planning-exempt-development-regulation-2023/important-cases","documents":"/api/acts/planning-exempt-development-regulation-2023/documents"}}