It is one of the most common questions homeowners ask before building. Australia does not have a single national rule. Each state and territory sets its own planning and building framework, and individual councils add their own controls on top. The good news is that most states have a category for small, low-impact structures that lets you skip a full development application.
The two approvals you might need
- Planning approval (a development application or DA). Whether the structure is allowed on your land given setbacks, overshadowing, heritage and character.
- Building approval (a building permit or construction certificate). Whether the structure is safe and built to the National Construction Code.
A small ground-level pergola might need neither. A raised deck attached to your house will almost always need at least a building approval, and often planning approval too.
The thresholds that usually decide it
- Floor height above ground. A finished floor more than roughly 1 metre above natural ground level is the big trigger.
- Floor area. Common cut-offs sit between 10 and 25 square metres depending on the state and zone.
- Setbacks from boundaries. Build too close to a fence and you typically lose any exemption.
- Roof and attachment. A freestanding, open pergola is treated more leniently than a roofed or attached structure.
- Overlays. Heritage, bushfire, flood and significant-tree overlays can remove an exemption entirely.
State-by-state quick reference
Use this as a starting point only.
- NSW. Uses exempt and complying development. A low deck or pergola meeting the standards can be exempt with no approval.
- Victoria. Many decks and pergolas need a building permit even when a planning permit is not required.
- Queensland. Low-set smaller structures can be accepted development; most decks above 1m need building approval from a private certifier.
- WA. Patios, pergolas and decks generally need a building permit; uncovered low decks can be exempt.
- SA. Assessed through the Planning and Design Code; small low structures can be exempt.
- Tasmania, ACT and NT. Each has low-risk or exempt categories, with permits above the usual height, area and setback limits.
When you will need an engineer or certifier
- The deck floor sits more than about 1m above the ground.
- The structure is attached to your house via a ledger.
- You are in a bushfire (BAL) or flood area.
- Soil, slope or reactive clay needs engineered footings.
How to confirm before you build
Pull your property planning certificate, then call your local council or a private certifier with the exact height, area and boundary distances. They will tell you which category you fall into in minutes.
Get a clear quote before you commit
With Quotefor.au you can get an instant itemised deck quote using a quick camera walkthrough, so you see materials, footings and labour line by line. We service trades across the country, including deck quotes in Sydney and Melbourne.
A note on the rules: approval requirements vary by state, council and property, and they change over time. This is general information, not legal or planning advice. Always confirm with your local council or a registered building certifier before you build.