Pergolas are a popular way to create shade, shelter and more usable outdoor space in NSW. But before you start building, it is important to know whether your pergola needs approval.
Many pergolas in NSW can be built without planning or building approval if they qualify as exempt development. To qualify, the structure must meet specific requirements for its size, height, setbacks, construction and location.
If your pergola does not meet the relevant exempt development criteria, you may need approval before construction begins through a Development Application (DA) or Complying Development Certificate (CDC).
This guide explains the key NSW pergola requirements and how to check whether your proposed structure can be built without approval.
You may not need a DA, CDC or other planning approval if your pergola qualifies as exempt development. To qualify, the pergola must meet all of the applicable requirements for exempt development, including limits around:
If the pergola does not meet the relevant exempt development criteria, you will need to investigate the appropriate approval pathway before construction begins.
Many pergolas can qualify as exempt development in NSW, but the structure must meet all of the relevant requirements.
For a pergola to qualify as exempt development:
Meeting these requirements alone does not necessarily make a pergola exempt. The structure must also meet the applicable setback, construction, drainage and land requirements.
The required setback depends on the property and its zoning. For standard properties, the pergola must be at least 900mm from boundary lines. For certain rural zones, including RU1, RU2, RU3, RU4, RU6 and R5, a minimum setback of 5m applies. The pergola must also be located behind the building line of any road frontage.
The pergola must also meet specific construction requirements, including:
For roofed structures, roofwater must be disposed of into the existing stormwater drainage system. Construction must also not interfere with existing drainage fixtures or natural flow paths.
|
Requirement |
Exempt development |
|
Floor area |
25m² or less |
|
Overall height |
3m or less |
|
Floor height |
1m or less above existing ground |
|
Standard boundary setback |
At least 900mm |
|
Rural boundary setback |
At least 5m for RU1, RU2, RU3, RU4, RU6 and R5 |
|
Road frontage |
Behind the building line |
|
Enclosing walls |
No higher than 1.4m |
|
Roof overhang |
No more than 600mm on each side for a roofed structure |
|
Metal components |
Low-reflective and factory pre-coloured |
|
Structural requirements |
Must be structurally adequate and comply with the Building Code of Australia |
|
Heritage items/foreshore areas |
This pergola exempt-development pathway does not apply |
These requirements need to be considered together. If your proposed pergola does not meet the relevant exempt development criteria, approval may be required.
Yes. Roofed and attached pergolas have additional requirements under the exempt development rules.
An attached pergola can qualify as exempt development if it meets all of the relevant requirements. However, there are additional rules for roofed structures attached to a dwelling:
A louvred or opening-roof pergola can qualify as exempt development if it meets the applicable requirements. The type of roof does not, on its own, determine whether approval is required. The proposed structure still needs to meet the relevant requirements for size, height, setbacks, construction and location.
No. The exempt development pathway does not apply on every property, and some sites have additional restrictions. For this pergola provision, exempt development does not apply where the structure would be constructed or installed:
More general exempt development exclusions can also apply to environmentally sensitive land, including certain wilderness areas and areas of high biodiversity significance.
A property being within a heritage conservation area does not automatically mean a pergola cannot qualify as exempt development. However, local heritage controls may still affect the project, and a property within the conservation area may itself be a heritage item.
If heritage is relevant to your property, check the State Heritage Register, the NSW Planning Portal and your local planning controls before starting work.
Bushfire-prone, flood-prone and environmentally sensitive properties can also be subject to additional requirements. These conditions do not always mean a pergola automatically needs a DA, but the requirements for the specific site need to be checked carefully.
Yes. The total floor area of similar structures already on the property can affect whether a new pergola qualifies as exempt development. The limits include:
This means it is important to consider existing pergolas, decks, patios and similar structures when planning a new pergola.
Even where a pergola qualifies as exempt development, you may still need separate approvals for other aspects of the project.
If trees need to be removed or pruned to make space for your pergola, you may need approval from your local council.
Structures near or over utility infrastructure may require approval from the relevant infrastructure authority. This can include:
Work over public land may require approval from your local council or the relevant roads authority.
If your pergola does not meet the relevant exempt development criteria, you may need planning approval before construction begins.
Approval may be required if your pergola:
Your property's zoning, site characteristics and overlays can affect the approval requirements. Additional assessment or restrictions may apply if your property:
A heritage conservation area should be checked carefully, but it does not by itself mean that every pergola requires a DA.
You may also need approval or additional professional advice for projects involving:
If the project does not qualify as exempt development, the next pathway may involve submitting a Development Application to your local council or obtaining a CDC through your council or a registered certifier.
If your pergola requires approval and you build without obtaining it, you could face significant problems later.
Councils can issue orders requiring unauthorised or non-compliant structures to be modified or removed. Fines may also apply. The cost of correcting or removing a structure can be significantly higher than addressing compliance issues before construction.
When you sell your home, buyers and their solicitors may check whether structures have the appropriate approvals. An unapproved pergola can create complications during a property sale, potentially affecting negotiations or the sale itself.
All pergola projects still need to meet applicable building and safety standards. Getting the design and construction requirements right from the beginning can help prevent expensive structural problems later.
Following the appropriate requirements can also help prevent disputes with neighbouring properties, particularly where a structure may affect adjoining land.
Before purchasing materials or starting construction, take these steps to confirm the requirements for your property.
The NSW Planning Portal provides information about your property's zoning, planning controls and other restrictions. Its mapping tools can help you understand which requirements may apply to your specific location.
Your local council's planning team can provide guidance on local requirements and site-specific conditions that may affect your project.
Consider working with an experienced pergola builder, designer or registered certifier who understands NSW building and planning requirements. They can help you determine which approval pathway applies and identify issues before construction starts.
The best time to check approval requirements is during the design stage, rather than after your pergola has already been planned or construction has started. Early advice can help prevent unnecessary costs, delays and changes to your design.
Whether you need approval for a pergola in NSW depends on whether your project qualifies as exempt development and meets all of the relevant requirements.
Before you start building, check your property's zoning, setbacks, land restrictions, existing structures and proposed pergola design. If you're unsure, speak with your local council, a registered certifier or another suitably qualified professional.
For more inspiration and to explore custom architectural shading solutions, visit the Aurae pergola page to see the designs available for your outdoor space.