Do I need council approval to build a backyard cabin?

Pool cabanas and garden sheds – Exempt Development

In New South Wales, you can create a variety of non-habitable structures such as cabanas and garden sheds, without needing approval if certain conditions are met. These conditions include:

• not building on heritage or environmentally sensitive land,
• having a floor area no larger than 50 m² in some zones and no more than 20 m² in others, and
• being no taller than 3 meters above ground level.
• a specific distance from each lot boundary must be maintained, with a 5-meter distance in certain zones and a 900 mm distance in others.

Also, as policy is periodically changing, please make sure to check all current requirements and details of NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 2 > Division > Subdivision 9. The full document can be found here.

If you can meet these guidelines, you can easily create your dream outdoor space without any approval hassle.

Check this 2-page fact sheet explaining the requirements for cabanas, cubby houses, ferneries, garden sheds, gazebos, and greenhouses as exempt development.

Home Office, Teenage Retreat, Guest room or Studio – Complying Development

In many cases, council approval may not be necessary if your project complies with specific regulations. The following guidelines will help you determine whether your property is suitable for building a detached studio without council approval. If your property meets these standards, you may be able to proceed with a Complying Development Certificate (CDC) instead of a full Development Application (DA).

Step 1: Check Your Lot for Eligibility

Note. Only one detached studio is permitted on the lot.

Lot Size and Maximum Gross Floor Area
The maximum gross floor area of a detached studio is determined by the size of your lot:

• Lot Size 200 m² – 350 m²: Maximum gross floor area is 20 m².
• Lot Size > 350 m²: Maximum gross floor area is 36 m².

If your proposed studio falls within these size restrictions, you may be able to use the CDC pathway.

Side and Rear Boundary Setbacks
The required setbacks depend on the width of your lot:

• Lot Width 6 m – 18 m: Minimum setback from each side and rear boundary is 900 mm.
• Lot Width > 18 m: Minimum setback from each side and rear boundary is 1.5 m.

Ensure your studio is positioned accordingly to meet these setback requirements.

Step 2: Check Landscaping RequirementsThe minimum landscaped area on your lot is determined by its size:

• Lot Area 200 m² – 300 m²: 10% of the lot area must be landscaped.
• Lot Area > 300 m² – 450 m²: 15% of the lot area must be landscaped.
• Lot Area > 450 m² – 600 m²: 20% of the lot area must be landscaped.
• Lot Area > 600 m² – 900 m²: 30% of the lot area must be landscaped.
• Lot Area > 900 m² – 1,500 m²: 40% of the lot area must be landscaped.
• Lot Area > 1,500 m²: 45% of the lot area must be landscaped.

Each landscaped area must be at least 1.5 m wide and 1.5 m long. Additional requirements for landscaped areas:

• For lots up to 18 m wide, 25% of the area in front of the building line must be landscaped.
• For lots wider than 18 m, 50% of the area in front of the building line must be landscaped.
• At least 50% of the minimum landscaped area must be located behind the building line.

Step 3: Ensure You Have Enough Private Open Space
Your lot must include a minimum area of principal private open space, based on its width:

• Lot Width 6 m – 10 m: Minimum 16 m².
• Lot Width > 10 m: Minimum 24 m².

The principal private open space must:

• Be at least 3 m wide and 3 m long.
• Not be steeper than a 1:50 gradient.

Step 4: Complying Development Certificate (CDC) vs. Development Application (DA)

If your proposed detached studio meets all the above requirements, it may be certified as a Complying Development (CDC). This means you won’t need council approval, and a qualified private certifier can approve your development.

To apply for a CDC, fill out the appropriate form provided by your local council or a private certifier. Approval can be granted within 20 days if all criteria are met.

If your studio does not comply with the standards for CDC, you will need to submit a Development Application (DA) to your local council. Contact your local council or your nearest Scandi accredited builder for assistance.

Step 5: Additional Considerations

There may be other restrictions on your property, such as:

• Restrictive Covenants or Section 173 Agreements: These may impose additional conditions or restrictions on the development of your property.
• Easements: Make sure your studio will not encroach on any easements.

If you’re unsure about the suitability of your property for building a detached studio, consult with your local council or a Scandi accredited builder to explore your options.

As policy is periodically changing, please make sure to check all current requirements and details of NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 3 Housing Code > Division 4 Development standards for detached development. 

Building a Shed – exemptions

In Victoria, certain building work and structures are exempt from the need for a building permit. Construction of a freestanding non-habitable building, like a shed, is exempt from needing a building permit if it meets the following criteria:

• Floor area not exceeding 10m².
• Height not more than 3m, or 2.4m if within 1m of a boundary.
• If attached to another building, it cannot extend further forward on the lot than the front wall of that building.
• If not attached to another building, it must be the only Class 10a building on the lot and set back at least 9m from the front street and 2m from each side street.
• It cannot be constructed of masonry.

For more information on Building Permits & other Exemptions, please check section Building Permits & other Exemptions on Victorian Building Authority’s website.

Building a Studio, a Home Office, Teenage Retreat or Guest Room

When planning to build a studio, home office, teenage retreat, guest room, or similar project in Victoria, your project will typically be considered as building a granny flat. This means you may not need a planning permit but just a building permit, as long as your project meets specific criteria. To ensure your build complies, refer to the “Do I need council approval for a granny flat” page, which outlines the requirements such as maximum floor area, setbacks, and other regulations. Meeting these criteria will streamline your approval process and help you avoid unnecessary delays or additional permits.

The Tasmanian Department of State Growth had $10,000 Ancillary Dwelling Grants Program, running which had streamlined ‘no permit required’ approvals for constructing ancillary dwellings like granny flats and studios to tackle housing supply challenges. This program closed on the 31 December 2023 at 3:00pm. For more information, you can check this page and contact the grants team.

When building in Tasmania, as an owner-builder, you can build low-risk structures without a permit or getting a builder surveyor involved. As an owner-builder, you can build small structure:

• no bigger than 18 m², or
• erect a prefabricated shed up to 36 m² (this means factory-made components or units are transported and assembled on-site to form the complete building).

However, you’ll need to notify your local council when you have finished building certain low-risk work by completing Form 80—Notice of Low-Risk Work.

For more information, please visit Tasmanian Government consumer building information.

Information for other states coming soon…