Do I need council approval for a pergola or patio in NSW?
The NSW rules for pergolas, patios, verandahs, terraces and balconies (decks have their own page), cited to the clause, and a free check of your lot.
In NSW a pergola or patio needs no council approval if it is exempt development: no more than 25 m², no higher than 3 m, a floor no more than 1 m above the ground, at least 900 mm from every boundary (5 m in zones RU1, RU2, RU3, RU4, RU6 and R5), behind the building line, and it meets every other standard below. Otherwise it needs a complying development certificate or a development application.
Exempt if it meets every standard
From Codes SEPP Part 2, Division 1, Subdivision 6 (clauses 2.11 and 2.12), plus the general requirements in clause 1.16 (it must meet the Building Code of Australia and must not be on State Heritage Register land, among others).
| Area no more than 25 m² | cl 2.12(1)(b) |
| All such structures on the lot together no more than 15% of the dwelling's ground floor area (lots over 300 m²) or 25 m² (lots of 300 m² or less) | cl 2.12(1)(c) |
| No enclosing wall higher than 1.4 m | cl 2.12(1)(d) |
| Behind the building line of a road frontage | cl 2.12(1)(e)(ii) |
| At least 900 mm from each lot boundary, or 5 m in zones RU1, RU2, RU3, RU4, RU6 and R5 | cl 2.12(1)(f) |
| Metal parts in low-reflective, factory pre-coloured materials | cl 2.12(1)(h) |
| Floor no more than 1 m above existing ground level | cl 2.12(1)(i) |
| Roof overhang no more than 600 mm on each side | cl 2.12(1)(i1) |
| If roofed and attached to the house: not above the roof gutter line | cl 2.12(1)(j) |
| No higher than 3 m at its highest point | cl 2.12(1)(j1) |
| If connected to a fascia: to a professional engineer's specifications | cl 2.12(1)(k) |
| Roofwater into the existing stormwater system; existing drainage not interfered with | cl 2.12(1)(l), (m) |
| On bush fire prone land and less than 5 m from a dwelling: non-combustible material | cl 2.12(1)(n) |
Land where it is never exempt
| Not on or in a heritage item or a draft heritage item, or on land in a foreshore area | Codes SEPP cl 2.11(a) |
If it does not meet the standards
One that misses a standard needs approval: a complying development certificate (CDC) under the Housing Code where it covers the lot (zones R1, R2, R3, R4 and RU5, cl 3.1), or the Rural Housing Code in zone R5 and on rural lots of 4,000 m² or more (cl 3A.5), or otherwise a development application (DA) to the council.
Other projects
Rules current to the version in force from 23 October 2026: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and State Environmental Planning Policy (Housing) 2021. Plain-English summaries; the legislation is the authority. The address check uses the NSW zoning, cadastre, heritage, bush fire prone land, acid sulfate soils and flood planning maps we hold, which can lag the council's. It is a guide, not a planning certificate or legal advice. Based on content from the New South Wales Legislation website at 12 November 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. © State of New South Wales. Licensed under CC BY 4.0: https://creativecommons.org/licenses/by/4.0/
Common questions
Do I need council approval for a pergola or patio in NSW?
In NSW a pergola or patio needs no council approval if it is exempt development: no more than 25 m², no higher than 3 m, a floor no more than 1 m above the ground, at least 900 mm from every boundary (5 m in zones RU1, RU2, RU3, RU4, RU6 and R5), behind the building line, and it meets every other standard below. Otherwise it needs a complying development certificate or a development application.
What if it does not meet the standards?
One that misses a standard needs approval: a complying development certificate (CDC) under the Housing Code where it covers the lot (zones R1, R2, R3, R4 and RU5, cl 3.1), or the Rural Housing Code in zone R5 and on rural lots of 4,000 m² or more (cl 3A.5), or otherwise a development application (DA) to the council.
Where do these rules come from?
From the NSW Codes SEPP Part 2, Division 1, Subdivision 6 (clauses 2.11 and 2.12). The rules are statewide, so they are the same in every council area, but the lot's zone, size and planning overlays change which ones apply.