Is a pergola exempt development in NSW?

Often, yes. In New South Wales a pergola can be exempt development when it stays inside every one of the state’s exempt standards for its size, height, position and construction, on land where the exemption applies. Outside those standards it goes to a complying development certificate from a certifier or the council, or to a development application, and land matters such as bushfire and heritage can take the exemption away even from a small pergola.

What are the exempt standards for a pergola?

The state groups pergolas with decks, patios and terraces, and tests them together: the floor area, the height of any floor above the ground, the overall height, the distance to each boundary, and where the pergola sits against the front of the house. It usually has to stay behind the front of the house, its roof water has to drain properly, and it has to be built to the building rules. Meeting most of the standards is not enough; the exemption needs every one. The post on decks and pergolas by state shows how the other states draw the same line.

What takes the exemption away?

a heritage item on the lot, and in some cases a heritage conservation area
bushfire prone land, where a pergola close to the house usually has to be built from materials that do not burn
other land the state sets aside, such as some environmentally sensitive areas

The council’s planning certificate for the lot lists most of these, so read it before the design settles.

What if the pergola is outside the standards?

It then needs approval before it goes up. If it fits the complying standards, a registered certifier or the council can issue a complying development certificate, which covers the planning and the building at once. If it does not, such as a pergola on a heritage item or one past the complying limits, it goes to the council as a development application, assessed against the council’s own controls for the area. The post on heritage overlays explains why heritage changes the pathway.

Does a louvred or roofed pergola count?

A pergola with a solid roof, or louvres that close to shed water, is read as a roofed structure in most places, and its roof water has to go somewhere the council accepts. The exempt standards can still cover it within their limits, so the size and position decide it. Draw it on the site plan as roofed either way.

Reading it for your own lot

RapidSiteplan reads the council and building rules for your lot from its address, checks the design against them as you place it, lets you edit it as often as you like, and prints the site plan. Site plans and assessments in minutes. Place the pergola and the sheet gives its distance to every boundary and the street, with the overlays on the lot shown, so you can see whether it stays inside the standards.

Search your address, see what the plan shows for a patio or pergola, or read what we hold for Central Coast. New South Wales councils are listed by name, and site plans by council covers the rest of Australia.

Common questions

Is a pergola exempt development in NSW? Often, when it stays inside every one of the state’s exempt standards for size, height, position and construction, on land where the exemption applies. Outside them it needs a complying development certificate or a development application.

Can I build a pergola without a DA? Yes, when it is exempt development, or with a complying development certificate from a certifier or the council when it fits the complying standards. A DA is for a pergola outside both, or on land such as a heritage item where the other pathways are closed.

Is a pergola exempt on bushfire prone land? It can be, but close to the house the state usually asks for materials that do not burn, and every other standard still applies. A bushfire assessment may be needed where it goes to a CDC or a DA.