If the development falls within one of the categories of exempt development in the State Environmental Planning Policy (Exempt and Complying Development Code) 2008 (Codes SEPP) you may not need to obtain consent.

Similarly, if the development is “complying development” under the Codes SEPP you may be able to engage a private certifier and have the development certified by a private certifier rather than the local council.

Click here to see our article on what types of development might be exempt and complying development.

There are also circumstances where you may carry out development that does not require consent. For example, if you have been issued with an Order by Council under section 9.34 of the EPA Act, and the Order requires you to do something which might otherwise require consent, you don’t need to obtain a separate consent to comply with the Order.

Also, a Local Environmental Plan often identifies types of development within a zone that are ‘permitted without consent’. If that is the case, the development may usually be carried out without the need to obtain a consent. 

It is not always easy to work out if the development you are proposing is exempt development or does not require consent and the consequences of getting it wrong can result in heavy penalties, including demolition orders. 

You should always seek legal advice from a competent planning lawyer before carrying out development on the assumption that the development does not require consent.

Here's a short video explaining when you might not need development consent: