The Short Answer: It Depends
Do you need council approval for a deck? Sometimes yes, sometimes no.
In some areas, a small deck can qualify as an exempt or accepted development, while in others the same project can trigger planning approval, building approval or both.
Remember, this is general information, not legal advice. If you have any doubts, you should contact your local council before you begin any building.
What is Exempt Development?
Exempt development refers to certain small-scale building works that can be carried out without going through the full planning or building approval process, provided they meet specific rules set by the relevant authority.
Across Australia, the wording changes depending where you are. NSW calls it an exempt development, SA uses accepted development and other states and territories use similar categories under different names.
In practical terms, it means you can go ahead with work like a compliant deck or outdoor structure without approval, but only if every requirement is met exactly. If the project falls outside these set conditions, approval is necessary before anything can begin.
State-by-State Breakdown
NSW
In NSW, a deck can be an exempt development if it’s located behind the building line of any road frontage, sits at least 5m from the lot boundary in RU1 to RU6 zones, or 900mm from the boundary in other zones, has an area of no more than 25m2, has enclosing walls no higher than 1.4m, has a floor no more than 1m above existing ground level and doesn’t rise above 3m at its highest point.
If the site is bushfire-prone and the wall is within 5m of a dwelling, the wall has to be non-combustible. Check the NSW Planning Portal and your property’s controls before you assume your deck is exempt, provided all other exempt development requirements are also met.
VIC
Victoria is less affected by a universal deck size threshold and is more affected by whether the deck is attached, whether it sits in an overlay and whether the siting rules are met. The VBA says a building permit is required for decks and verandahs attached to a building, regardless of size and also for detached decks that form part of the amenity to a building.
Planning Victoria also says decks in overlays like Environmental Significance, Significant Landscape, Erosion Management and Salinity Management may need a planning permit. In Victoria, the safest check is your local council plus the planning overlays on site.
QLD
Queensland often splits the question into planning approval and building approval. In Brisbane, you might need planning approval if your property sits within an overlay such as the Traditional Building Character Overlay, if it’s in a neighbourhood plan area that doesn’t meet the requirements, or if the deck involves more than minor building work.
Building approval isn’t needed if the deck is 10m2 or less, no more than 1m above natural ground level, not roofed, has no side longer than 5m and doesn’t affect any nearby structures or pool barriers. City Plan online and licensed building certifiers are the key checks.
WA
WA is heavily shaped by the R-Codes and local policy. State guidance says the R-Codes apply to all residential development across WA, and local governments can adopt policies that change deemed-to-comply provisions. Planning WA also notes that if development approval isn’t required, the local government still needs to establish that the proposal satisfies the deemed-to-comply requirements.
For a practical benchmark, some WA councils treat low decks as exempt when they stay no more than 500mm above the ground below and don’t exceed 20m2, but this is a local example, not a statewide rule. Check with your local council and the WA R-Codes first.
SA and other states
In SA, whether a deck needs approval is determined by the Planning and Design Code on a property-specific basis, so whether a deck is exempt depends on the exact site. The PlanSA property lookup system is used to determine what applies to an individual address, including any relevant overlays. Some small decks might not need approval, but many still do depending on height, size, location and zoning, so the property should always be checked before starting.
In the ACT, Tasmania and the NT, decks are assessed under exempt or low-risk development frameworks that vary by jurisdiction. Each sets its own thresholds for when a deck can proceed without approval based on factors like size, height, siting and site conditions. If those criteria aren’t met, planning and/or building approval is required.
When You Definitely Need A Permit
In most cases, a permit is necessary as soon as the deck moves beyond simple ground-level conditions or is affected by site constraints, structural connections or planning controls:
- The deck is attached to the house, a pool structure or another building. Victoria treats attached decks and verandahs as requiring a building permit regardless of size and Brisbane says structural impact on existing buildings or pool barriers pushes you into approval territory.
- The site is on sloped or uneven land. Height can change quickly once you start using cut, fill, footings or a raised subframe, which is exactly where exemption thresholds are often lost.
- There’s a heritage overlay, character overlay, environmental overlay or other planning control on the land. Overlays can often override any simple size checks.
- The block is bushfire-prone or falls within a BAL-controlled area. NSW exempt development adds a non-combustible requirement in certain bushfire-prone situations, and Victoria says bushfire overlays can still trigger permit requirements.
- The deck is too close to a boundary. Boundary setbacks are one of the most common reasons a deck that looks straightforward on paper needs approval.
Deck permit costs
There’s no single national deck permit price. The total can vary due to council planning fees, building permit or certifier fees, engineering drawings and referral costs if the site is tricky. Brisbane says it issues a fee quote after lodgment and that fees vary, while PlanSA says applications incur fees before assessment begins.
Essentially, the cost of a deck building permit will depend on the site, the approval path and whether any extra reports are needed.
What Happens If You Build A Deck Without Council Approval?
Build a deck without council approval, and you can wind up paying for more to fix it later than you would have if you’d paid to do it properly the first time.
Councils can investigate unauthorised works, require them to be removed or redone, and in some cases pursue court action or significant penalties. NSW councils warn that illegal works may have to be demolished or corrected, with infringement notices or larger penalties possible.
On the real estate side, unapproved work can become a disclosure issue as knowingly deceiving or concealing an issue when selling a property can create legal risk under Australian Consumer Law. Insurance can also get messy, as insurers may exclude or limit cover on unauthorised building works.
Permit Application Process
Check your council’s exempt development criteria
Start by reviewing your local council’s planning rules before you design or purchase materials. A deck that seems straightforward can still fall outside exempt criteria due to height, setbacks, site slope, overlays, flood zones, heritage controls or bushfire risk. Always confirm the exact requirements for your property rather than assuming a small deck is automatically exempt.
Engage a licenced builder or designer (if required)
If your deck is attached to a dwelling, elevated, close to boundaries or structurally complex, involve a licensed builder, designer or building certifier early. This helps ensure the design meets compliance requirements from the start. In many areas, councils and state authorities encourage early professional input for applications where structural or planning constraints may apply.
Lodge an application with your council
If your deck doesn’t meet exempt or low-risk criteria, you’ll need to lodge the appropriate application with your local council or approval authority. Depending on your state, this may involve a planning permit, a building permit, or both. The required documentation generally includes site plans, elevations and supporting technical details.
Wait for approval
Approval timeframes vary significantly depending on location, complexity and council workload. Simple applications may progress quickly, while others are delayed if additional information, referrals or design changes are required. In some cases, councils may issue requests for further information that pause the assessment process until resolved.
Book required inspections during and after construction
Where inspections are required, they have to be scheduled at specific construction stages as directed by the council or certifier. Work shouldn’t be covered or progressed past inspection points until approval is given. These inspections ensure the deck is built in accordance with approved plans and relevant building standards.
Consider enlisting certified decking installers to handle the process
Experienced decking installers can help manage more than just construction. They can assist with compliance-aware design, help navigate approval requirements and coordinate with certifiers where needed. This reduces the risk of delays or redesigns and helps ensure the project proceeds smoothly from approval through to completion.
Does Decking Material Impact Approval?
Usually, the approval question is about size, height, setbacks, overlays and structural impact, not whether the boards are timber or composite. That said, material can matter in bushfire-prone areas. Composite decking with appropriate Bushfire Attack Level (BAL) ratings can be a huge advantage where compliance requirements apply, especially in higher-risk zones.
While decking material doesn’t typically determine whether approval is required or not, it can influence how a design performs against safety and maintenance standards in regulated environments.
How long does deck approval take?
Roughly speaking, it can be quick for a simple exemption check and much slower for a full permit path. The timeline depends on the council, the state, the size of the deck, the presence of overlays, whether referrals are necessary and whether you’ve got to fix any lodgment issues before assessment starts.
In other words, a straightforward deck might move more quickly, but a sloping block, boundary setback issue or bushfire overlay can turn a small job into a much bigger one.
Find a Composite Decking Installer
The easiest path is to work with an installer who can check the approval route early, coordinate drawings and permits where needed as well as build to the expected standard from day one. If your deck is near a boundary, on a slope, or in a bushfire-prone area, that early advice is worth a lot more than a rushed start.
For homeowners looking for low-maintenance boards designed specifically for Australian conditions, then NewTechWood’s composite range is for you.
Already know what you want and ready to get started? Find an installer near you.