Schedule 2 Permitted construction
tolerances
(see s 7)
Part 2.1 Interpretation—sch 2
2.1 Definitions—sch 2
approved development means development covered by a
development approval.
exempt development means development exempt from requiring
development approval under this regulation.
Part 2.2 Permitted construction
tolerances
2.2 Horizontal siting tolerances for buildings and other
structures
(1) This section applies to the horizontal siting on a block of a building
or other structure that does not comply with the applicable siting
criteria.
(2) This section does not apply if—
(a) a relevant solar building envelope applies to the block; and
(b) any point of the building or structure extends beyond the
relevant solar building envelope (an encroachment); and
(c) the encroachment is not permitted by a development approval or
exemption declaration.
Permitted construction tolerances Schedule 2
Permitted construction tolerances Part 2.2
Section 2.2
(3) The building or structure must be horizontally sited so that—
(a) for any point of the building or structure that the applicable
siting criteria allows or requires to be sited on, or not more than
900mm horizontally from, a boundary of the block—
(i) for a boundary fence—the point is sited so that the centre
of the fence’s panelling is not more than 50mm
horizontally from the boundary; and
(ii) in any other case—the point is sited wholly on the block
and not more than 50mm horizontally from where the
applicable siting criteria allow or require it to be sited; and
(b) for any point of the building or structure that the applicable
siting criteria allows or requires to be sited more than 900mm
horizontally from a boundary of the block—the point is sited
wholly on the block and not more than 340mm horizontally from
where the applicable siting criteria allow or require it to be sited;
and
(c) compared to the approved development or exempt development,
the building or structure does not do either or both of the
(i) increase the diversion or concentration of the flow of
(A) in a way that causes ponding; or
(B) onto other land;
(ii) change the number of stories in the building or structure.
Example—s (3)
An exemption for the construction of a house requires a wall to be sited not closer
than 900mm horizontally from the western boundary of the block. The house is
constructed so that its western wall is 850mm horizontally from the boundary
(50mm less than required). The siting of the house is within the allowed tolerance
under par (a) (ii) because it breaches the siting requirement under the exemption by
not more than 50mm.
Part 2.2 Permitted construction tolerances
Note 1 The development, as changed in accordance with this section, must also
comply with the general exemption criteria.
Note 2 A change to the height of the finished floor level of the level immediately
above a basement may mean that the space is counted as a storey and may
also affect the calculation of gross floor area.
(4) If the territory planning authority makes an exemption declaration
that extends the permitted horizontal dimension of a dwelling, the
distance of 340mm mentioned in subsection (3) (b) is reduced—
(a) if the dimension is extended by not more than 290mm—by the
extended distance stated in relation to the dimension in the
exemption declaration; or
(b) if the dimension is extended by more than 290mm—by 290mm.
applicable siting criteria, in relation to a point of a building or other
structure on a block, means the criteria about the horizontal siting of
the point on the block under—
(a) if the building or structure would be covered by a development
approval other than for its horizontal siting on the block—the
approval; or
(b) if the building or structure would be exempt development other
than for its horizontal siting on the block—schedule 1, part 1.4
(Development exempt from development approval).
on, a block or a boundary of a block, includes above or below ground
level for the block or boundary.
2.3 Height tolerances for buildings and other structures
(1) This section applies to the vertical siting on a block of a building or
other structure that does not comply with the applicable height
criteria.
Permitted construction tolerances Schedule 2
Permitted construction tolerances Part 2.2
(2) This section does not apply if—
(a) a relevant solar building envelope applies to the block; and
(b) any point of the building or structure extends beyond the
relevant solar building envelope (an encroachment); and
(c) the encroachment is not permitted by a relevant development
approval or exemption declaration.
(3) The building or structure must be vertically sited so that—
(a) for any point of the building or structure that the applicable
height criteria allows or requires to be sited at a particular
height—
(i) the point is sited wholly within the lease to which the point
relates and is not more than 340mm above or below where
the applicable height criteria allow or require the point to
be sited; but
(ii) if the point is the sill of an exterior window—the sill is not
more than 50mm closer to the finished floor level
immediately adjacent to the window’s sill; and
Example—par (a) (i)
A multistorey block of apartments is divided into separate units under the
Unit Titles Act 2001. Each apartment must be within the spatial lease for the
unit.
(b) compared to the approved development or exempt development,
the building or structure does not do any of the following:
(i) increase the diversion or concentration of the flow of
(A) in a way that causes ponding; or
(B) onto other land;
(ii) reduce the accessibility of the building or structure for
people with disabilities;
Part 2.2 Permitted construction tolerances
(iii) change the number of stories in the building or structure.
Note 1 The development, as changed in accordance with this section, must also
comply with the general exemption criteria.
Note 2 A change to the height of the finished floor level of the level immediately
above a basement may mean that the space is counted as a storey and may
also affect the calculation of gross floor area.
(4) If the territory planning authority makes an exemption declaration
that extends a permitted height criterion of a dwelling, the distance of
340mm mentioned in subsection (3) (a) (i) is reduced—
(a) if the criterion is extended by not more than 290mm—by the
extended distance stated in the exemption declaration for the
criterion; or
(b) if the criterion is extended by more than 290mm—by 290mm.
applicable height criteria, in relation to a point of a building or
structure, means the criteria about the height of the point under—
(a) if the building or structure would be covered by a development
approval other than for the height of the point—the approval; or
(b) if the building or structure would be exempt development other
than for the height of the point—schedule 1, part 1.4
(Development exempt from development approval).
lease includes a land sublease.
(see s 3)
Note 1 The Legislation Act contains definitions relevant to this regulation.
For example:
• ACAT
• building code
• conservator of flora and fauna
• Corporations Act
• emergency services commissioner
• environment protection authority
• heritage council
• land titles register
• person (see s 160)
• the Territory
• working day.
Note 2 Terms used in this regulation have the same meaning that they have in
the Planning Act 2023. For example, the following terms are defined in
the Act, dict:
• authority website (see s 509)
• custodian
• development (see s 14 (1))
• development application (see s 166 (1))
• development approval
• development proposal
• district policy
• EPBC Act
• exempt development (see s 145)
• exemption assessment (see s 151 (1))
• exemption assessment D notice (see s 152 (2) (b))
• exemption assessor (see s 151 (1))
• future urban area
• land management agreement (see s 350 (2) (a))
• land sublease
• lease
• proponent
• residential lease
• rural lease (see s 256)
• structure
• subdivision design application (see s 43 (1))
• territory plan (see s 45)
• territory planning authority
• use (see s 15)
• zone.
Note 3 Terms used in sch 1 and sch 2 of this regulation have the same meaning
that they have in the territory plan (see s 5). For example, the following
terms are defined in the territory plan:
• attic
• basement
• building line
• carport
• datum ground level
• finished floor level
• finished ground level
• front boundary
• front zone
• gross floor area
• setback
• storey.
affected residential premises, for schedule 1 (Exemptions from
requirement for development approval)—see the Dangerous
Substances Act 2004, section 47I.
approved development, for schedule 2 (Permitted construction
tolerances)—see schedule 2, section 2.1.
block means—
(a) a block under the Districts Act 2002; or
(b) for land under a land sublease—the land identified in the
registered sublease plan.
boundary, for schedule 1, division 1.4.4 (Community gardens)—see
schedule 1, section 1.71.
built-up urban area, for schedule 1, (Exemptions from requirement
for development approval)—see schedule 1, section 1.2.
class, for a building or other structure, means the class of building or
structure under the building code.
class 10a building—
(a) for schedule 1, division 1.4.2 (Non-habitable buildings and other
structures)—see schedule 1, section 1.40; and
(b) for schedule 1, division 1.4.4 (Community gardens)—see
schedule 1, section 1.71.
class 10b structure, for schedule 1, division 1.4.4 (Community
gardens)—see schedule 1, section 1.71.
clearing native vegetation, for schedule 1 (Exemptions from
requirement for development approval)—see the Nature
Conservation Act 2014, section 234.
community garden, for schedule 1, division 1.4.4 (Community
gardens)—see schedule 1, section 1.71.
designated development, in relation to land, for schedule 1
(Exemptions from requirement for development approval)—see
schedule 1, section 1.3.
dwelling—see section 6 (1).
exempt development, for schedule 2 (Permitted construction
tolerances)—see schedule 2, section 2.1.
exemption declaration—see schedule 1, section 1.131 (1) (d).
existing ground level, in relation to an area, for schedule 1,
division 1.4.8 (Schools)—see schedule 1, section 1.101.
existing school, for schedule 1, division 1.4.8 (Schools)—see
schedule 1, section 1.102.
existing school campus, for schedule 1 (Exemptions from
requirement for development approval)—see schedule 1, section 1.1.
general exemption criteria, for development—see schedule 1,
section 1.10.
height, for a thing (including a building or other structure) means—
(a) in relation to finished ground level—the largest of the vertical
distances measured at all points for the thing between finished
ground level for each point to the top of the thing above the
point; or
(b) in relation to datum ground level—the largest of the vertical
distances measured at all points for the thing between datum
ground level for each point to the top of the thing above the
point; or
(c) in relation to something else (the baseline)—the largest of the
vertical distances measured at all points for the thing between
the baseline for each point to the top of the thing above the point.
native vegetation, for an area, for schedule 1 (Exemptions from
requirement for development approval)—see the Nature
Conservation Act 2014, section 232.
native vegetation area, for schedule 1 (Exemptions from requirement
for development approval)—see the Nature Conservation Act 2014,
section 233.
open space boundary, for schedule 1 (Exemptions from requirement
for development approval)—see the Act, section 516 (3).
outdoor eating or drinking place, for schedule 1, division 1.4.5
(Outdoor eating or drinking places)—see the Smoke-Free Public
Places Act 2003, section 9A.
owner, of land, means, for land under a land sublease, the sublessee.
party wall, for schedule 1 (Exemptions from requirement for
development approval)—see the Common Boundaries Act 1981,
section 27.
plan area, of a building or other structure, means the total horizontal
area of the building or structure if viewed from above.
1 If viewed from above, the outer edge of a house’s roof gutters, front patio and
rear pergola are visible as the building’s outermost perimeter. Therefore, the
plan area of the house is the horizontal area bounded by the outer edges of the
gutters, pergola and patio.
2 If viewed from above, an office building is a square ring shape with a large
open courtyard in the centre. The courtyard does not contain structures that
are related to the building. The plan area of the building excludes the area of
the courtyard.
playing field, for schedule 1, division 1.4.8 (Schools)—see
schedule 1, section 1.101.
public unleased land, for schedule 1 (Exemptions from requirement
for development approval)—see the Public Unleased Land Act 2013,
section 8.
rear boundary means a boundary that is not a front boundary and
does not meet a front boundary.
relevant solar building envelope, in relation to exempt development,
means the solar building envelope that would apply under a relevant
provision of the territory plan if the development were not exempt.
side boundary means a boundary that meets a front boundary.
surface water—see the Water Resources Act 2007, section 8.
young child, for schedule 1, division 1.4.8 (Schools)—see the
Children and Young People Act 2008, section 733 (3).
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Legislation history 3
3 Legislation history
Planning (Exempt Development) Regulation 2023 SL2023-21
notified LR 11 September 2023
s 1, s 2 commenced 11 September 2023 (LA s 75 (1))
remainder commenced 27 November 2023 (s 2 and see Planning
Act 2023 A2023-18, s 2 (2) and CN2023-10)
as amended by
Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1
pt 1.6
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 January 2024 (s 2 and see Urban Forest
Act 2023 A2023-14, s 2)
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Definitions—sch 1
sch 1 s 1.1 def built-up urban area sub A2023-52 amdt 1.39
Meaning of built-up urban area—sch 1
sch 1 s 1.2 om A2023-52 amdt 1.40
Criterion 3—heritage, tree, environment and conservation
sch 1 s 1.13 am A2023-52 amdt 1.41
Tree damaging etc activity
sch 1 s 1.137 am A2023-52 amdt 1.42, amdt 1.43
5 Earlier republications
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
27 Nov 2023
27 Nov 2023–
31 Dec 2023
not amended new regulation