Building and Development Forms, Checklists and Guides

1. Overview

Applications and certificates below must be submitted through the NSW Planning Portal

Development Applications
Modification Applications
Complying Development Certificates
Construction Certificates
Occupation Certificates
Subdivision Certificates
Section 68 Application (Local Government Approvals)
Notice to Commence
Building Information Certificates

2. Exempt and Complying Development

Exempt Development

Many home renovations and minor building projects don't need approval from Council or an accredited certifier. This is classed as Exempt Development. As long as the development meets specific standards and land requirements, no planning or building approval is needed.

The standards you must comply with for most Exempt Development works are in the State Policy for Exempt and Complying Development. The Policy can be viewed on the NSW Legislation Website. Visit the NSW Planning Portal website for more information.

Applications need to lodged via the NSW Planning Portal.

Complying Development

Complying Development is a fast-track approval process for straightforward residential, commercial and industrial development. A Complying Development approval is the equivalent of a Development Application and Construction Certificate. They can be approved by Council or a private certifier. To find out if your building project or renovation is Complying Development visit the Department of Planning website or contact us.

3. Development Applications

A Development Application is a proposed development that requires Council consent. If your proposal is not Exempt Development and you cannot meet the requirements in Complying Development, you will most likely need to complete a development application. It includes local development, integrated development and designated development.

Pre-lodgement Information

We recommend that you use the documents below to help you complete your application.

Development Application Checklists

Lodging your Development Application

A Development Application form and Statement of Environmental Effects must be completed and submitted as part of your lodgement. The following documents may also need to be submitted with your application.

Commencing Your Build

Once your development application has been determined and you have applied for and been issued a construction certificate, you will need to submit a Notice to Commence form (if Council is your principal certifying authority) and other relevant documentation below.

4. Activity Approval

An activity approval requires the consent of Council if it is not Exempt Development, Complying Development or a Development Application. Some common activities include water, sewer and stormwater works, fireplaces and manufactured homes. For a complete list of activities, please refer to Section 68 of the Local Government Act 1993. If you wish to carry out an activity, please submit via the NSW Planning Portal.

5. Outdoor Dining Application

If you operate a food business and wish to have outdoor dining you can apply online via Service NSW. Outdoor dining permits are free of charge and apply to Council owned land such as public footpaths.

Applications for outdoor dining can be processed through the Service NSW portal. Apply online through Service NSW

6. Construction Certificates

Any development that includes building a structure will also require a construction certificate. A construction certificate must be obtained before commencing any building and construction work. If you undertake the development application process, you may need this. The certificate confirms that the structural aspects of your development comply with the National Construction Code and associated standards. This can also be issued either by Council or a private certifier. You must have approval from Council before applying for this, or you can submit a development application and construction certificate at the same time. Applications for construction certificates need to be made online via the NSW Planning Portal.

Download the application to withdraw/surrender an application(PDF, 187KB)

7. Subdivision

The subdivision of land means the division of land into two or more parts that, after the division, would be adapted for separate occupation, use or disposition. Some subdivision proposals require a development application. Once this has been determined, you are generally required to apply for a subdivision certificate. Once issued, this allows you to register the new subdivision with land and property information. The following forms must be submitted via the NSW Planning Portal with your lodgement:

8. Engineering

A number of engineering requirements can be necessary when you are undergoing the approval process. This can be relevant to new subdivisions, dwellings and flats, units and townhouses. To ensure you have satisfied engineering standards please contact us on 1300 735 025 and speak to a Development Engineer about your proposal. The following forms may need to be submitted with your lodgement.

9. Finalising your Development

Occupation Certificate

Once you have completed your works you can apply for an interim or final occupation certificate via the NSW Planning Portal. You can also apply for an annual fire safety certificate if applicable. Please ensure you have met all of the conditions on your consent issued with your development application.

Completed Landscape Works

View our accredited landscape consultants and contractors here.

10. Tiny House Guide

Tiny Houses have become a popular alternate way to provide affordable accommodation. They have a much smaller carbon footprint, which allows a sustainable and more minimalist lifestyle.

The term ‘tiny home’ is not explicitly defined under current NSW or Local Government legislation. This type of housing could fall under one of many legislative definitions, depending primarily on whether the tiny home is mobile or fixed on a lot.

Below is some general information to help guide you through the various requirements and approvals that apply, and to help you categorise your development.

Definitions

Definitions
campervan	means a moveable dwelling, other than a caravan, designed to be capable of being registered as a motor vehicle, and includes a camper trailer.
caravan	means a moveable dwelling designed to be capable of being registered as a trailer, but does not include a camper trailer.
manufactured home	means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling— (a) that comprises one or more major sections, and (b) that is not a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013, and includes any associated structures that form part of the dwelling.
Moveable dwelling	means- (a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or (b) a manufactured home, or (c) any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition.
Relocatable home	means a manufactured home or other moveable dwelling, other than a tent, caravan, campervan or vehicle capable of being registered (a) whether or not self-contained, and (b) that consists of at least 1 major section, including an associated structure forming part of the dwelling.
self-contained moveable dwelling	means a moveable dwelling that contains shower and toilet facilities.

Tiny house on wheels

Tiny house small dwelling - permanent structure

What is a tiny home?

A tiny house is:

A Tiny House on Wheels (THOW) is small dwelling-house fixed to a trailer (like a caravan). As the tiny house is built on a trailer, designed to legal road dimensions within the restrictions required for road transport and is capable of being registered under the Road Transport Act, or

A Tiny House is a small dwelling house up to 60m² fixed and supported by piers and footings to the ground on your property. They are a classified as a Class 1a dwelling that can be assessed for approval under the National Construction Code

You will need to consider local and State planning legislation if you choose to live in this type of dwelling (house).

The approval requirements depend on the type of tiny house you consider and the of the land it’s situated.

What Legislation applies?

Tiny house installation and use is subject to the approval and design requirements of the NSW Government and Council’s planning controls.

Council’s planning documents that apply are:

Queanbeyan Palerang Regional Local Environment Plan 2022.
Relevant development control plan.

NSW Government legislation that needs to be considered:

State Environmental Planning Policy (Housing) 2021 (for secondary dwellings)
BASIX – State Environmental Planning Policy (Sustainable Buildings) 2022
Local Government Act 1993 – Section 68
Environmental Planning and Assessment Act 1979

What exemptions exist?

You do not need development approval to keep your tiny house in your backyard or on your property, if you can register it with RMS as a trailer, and you meet certain exemptions.

You do not need to get approval for your THOW in certain situations – Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

Have not more than 2 THOWs or caravans or tents if they are not occupied for more than 2 consecutive days and no more than 60 days in a 12-month period.

1 caravan or THOW on land occupied by the owner of the caravan in connection with the owner’s dwelling house if the caravan or THOW is lived in by you or a member of your household. 1 caravan or THOW only when you have an approved dwelling house on the allotment. The caravan or THOW is maintained in a safe and healthy condition.

Caravan or THOW on pastoral or agricultural land, provided it is merely occupied seasonally by people employed in pastoral or agricultural operations on the land.

Moveable dwelling (includes a caravan or THOW) or associated structure on land to accommodate a person who has been displaced because of a natural disaster if the moveable dwelling or associated structure is-

maintained in a safe and healthy condition, and

removed within 2 years after it is installed, or a longer period specified a relevant local approvals policy for the moveable dwelling or associated structure.

You also do not need to get approval for your THOW if it meets certain development standards under the SEPP Exempt and Complying Development Codes 2008 to provide Farm stay accommodation on a “working farm”. https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.16E

Farm stay accommodation permitted in RU1, RU2, RU4 zones and in other zones where agriculture, extensive agriculture, intensive livestock agriculture and intensive plant agriculture are permitted with a minimum landholding of 15ha, demonstration that the property is a commercial farming operation and further development standards that must be met for the development to be considered exempt from requiring development consent.

If not exempt as outlined, a THOW would need development approval and meet the relevant development controls and address any applicable constraints such bushfire, flooding, land use conflicts and the like.

Note: The information in this clause changes often and Council recommends that you review it and the relevant legislation to keep updated on current standards.

What else do you need to consider?

You will need to consider if approval is needed and what type for the following:

Wastewater disposal.
Drinking and washing water collection and storage.
electricity options.
Is the proposed site for the tiny house affected by bushfire and what provisions apply.
Are there flooding issues.
Adjoining neighbours and minimum boundary setbacks.
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