What Construction Work is exempt from Building Approval in the ACT

Before seeking approval for construction plans and work from the Council, consider if your new building work may be exempt from the approval process.

There are some exemptions that apply for development approval (DA) and building approval (BA).

DA exemptions

For some houses and projects, you won’t need to lodge an application for development approval if it meets both general and specific exemption requirements. These exemptions are found in the Planning and Development Regulation 2008. If you are adding a second dwelling on the lot, it is not exempt from a DA. 

You and the builder will want to consider any heritage considerations, like protected trees, and know your block's lease & development conditions. 

Find out about tree removals and tree planting legislation on our pages. 

The DA exemptions (self-check) vary, according to the type of project you are considering. Different exemption rules apply for rural leases, schools and other non-residential developments.

Keep in mind, your project may still require development approval if:

• it is assessable as the development that may have a major impact on the environment
• it is inconsistent with a provision of a Development Approval for another development on the land
• a previous approval has been given requiring that a condition be complied with

BA exemptions

If your development is exempt from needing development approval, it may still need building approval or other approvals.

In simple terms, a building approval considers:

• compliance with building laws and the building code
• constructing buildings that are structurally sound
• ensuring buildings have the required levels of fire resistance, amenities, access, and energy efficiency

For example, a single house in a new housing estate may be exempt from development approval if it meets certain design and siting requirements of relevant Territory Plan Codes, but will still require building approval.

You can get started with a BA exemption self-check or seek more answers in our FAQs.