Home renovations - do I need approval?

Building and renovating

Common renovations Other development

This section will help you understand whether you need development consent (via a development application) and which pathway is best for you.

  • The type of consent and approval you need depends on the scale and potential impacts of your development.
  • Most developments, subdivisions, building works and major changes in use of a property require Development Application (DA) and Construction Certificate approval.

Working through legislation can be technical and complicated. We recommend engaging the services of a suitable professional to help figure out what you need and to support your decision-making.

The NSW Department of Planning, Industry and Environment has a useful guide to the DA process and you can also call us or book an appointment with a Council officer to discuss your plans.

Exempt and complying development

What is exempt development?

You do not need planning or construction approval for some minor renovations and low-impact works (exempt development) if your project meets specific development standards.

The standards you must comply with for most exempt development works are in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy).

What is complying development?

Complying development is a fast-track approval process for straightforward residential, commercial and industrial development.

For this reason, ‘sign off’ by a building professional (known as a certifying authority) is needed. Provided the proposal fully meets specific development standards, it can be determined by Council or a registered certifier without the need for a full development application.

Complying development is also subject to conditions of approval to protect surrounding uses during the construction period and the life of the complying development.

How do I find out about planning controls and zoning for my property?

All developments, big or small, must address state government and Council planning controls:

  • NSW Environmental Planning and Assessment Act 1979 (in particular Section 4.15)
  • relevant state and regional plans
  • Tweed LEP

Find out the zoning that affects your property using Council's online mapping tool.

Common types of renovation or development

Other types of renovation or development

Eco-tourist facility

An eco-tourist facility is a building or place that:

  • provides temporary or short-term accommodation to visitors on a commercial basis
  • is located in or adjacent to an area with special ecological or cultural features
  • is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.

It may include facilities that are used to provide information or education to visitors and to exhibit or display items.

Do I need approval?

Yes, you will need to lodge a Development Application for an eco-tourist facility.

We recommend engaging a suitable professional to help with the requirements for subdivision and preparing your application.

The NSW Department of Planning, Industry and Environment also has a useful guide to the DA process.

Farm buildings

If you're planning to build a new farm building, find out what approval is required before your project commences.

Do I need approval?

You will not need approval if the farm building meets all the relevant standards:

If the proposal doesn't qualify as exempt development, you may be able to apply for a Complying Development Certificate or a Development Application.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate may be issued if the proposal meets all the relevant development standards:

If your proposal does not meet all of the standards you must lodge a Development Application. 

I need a DA, what do I do next?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application and Construction Certificate.

The NSW Department of Planning, Industry and Environment also has a useful guide to the DA process.

Retaining walls

Your retaining wall project may or may not require approval. Find out what approval is required before your project commences.

Do I need approval?

You will not need approval if the retaining wall meets all the relevant standards:

If the proposal doesn't qualify as exempt development, you may be able to apply for a Complying Development Certificate or a Development Application.

Do I qualify for a Complying Development Certificate?

A Complying Development Certificate may be issued for works including earthworks and retaining walls if the proposal meets all the relevant development standards:

If your proposal does not meet all of the standards you must lodge a Development Application. 

I need a DA, what do I do next?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application.

The NSW Department of Planning, Industry and Environment also has a useful guide to the DA process.

Rural worker’s dwellings

As defined by the Tweed LEP 2014, a rural worker's dwelling is a building or place that is additional to a dwelling house on the same lot.

It is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Do I need approval?

Yes, you will need to lodge a Development Application for a rural worker's dwelling. Additional requirements for approval are outlined in the Tweed LEP 2014:

We recommend engaging a suitable professional to help with the requirements for subdivision and preparing your application.

The NSW Department of Planning, Industry and Environment also has a useful guide to the DA process.

Also see

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