Are bathroom and kitchen renovations exempt development

What is exempt development?

In NSW, some minor renovations and building projects can be undertaken without approval from the local council or registered certifier. This is known as exempt development. 

To be exempt development, the proposed work must meet the standards set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). If the relevant development standards are not met, development consent will need to be obtained before carrying out the work.  The development standards include the general requirements listed in section 1.16 of the Codes SEPP (such as the work must meet the deemed-to-satisfy provisions of the Building Code of Australia) and the specific development standards associated with the development being carried out.

Are bathroom and kitchen renovations exempt development? 

Yes, as specified in section 2.51(1)(c) of the Codes SEPP, the replacement or renovation of a bathroom or kitchen can be exempt development if the relevant development standards are met. This applies to houses and apartments as well as other building types.

The renovation may include the replacement of cabinetry and benchtops, new waterproofing, re-tiling and installation of new fixtures and fittings. 

Can I move or demolish a wall as part of a bathroom or kitchen renovation under exempt development?

No. The development standards in section 2.52(1)(b) state that the development must not include a change to the configuration of a room, whether by removal of an existing wall, partition or other means. If you are moving or demolishing an existing wall or building a new wall as part of any renovation it is no longer considered exempt development - a complying development certificate or development application is required. This is the case even if the wall is non-loadbearing.

Another condition for exempt development is that you must not reduce the size of a window or door required for light or ventilation.

Can fixtures within a bathroom or kitchen be relocated?

Bathroom or kitchen renovations that include the relocation of fixtures such as baths, vanities, sinks and cooktops can still be done as exempt development. However, any changes must not affect the load bearing capacity of the building or result in a change (such as a penetration) to a fire resisting component. This can include walls and floors/ceilings that separate a sole-occupancy unit (SOU) from another SOU or common space.

Do the requirements of the Design and Building Practitioners Act 2020 apply to bathroom or kitchen renovations? 

The requirements of the Design and Building Practitioners Act 2020 (DBP Act) do not apply to most work undertaken as exempt development. This includes kitchen and bathroom renovations where the work relates to a single dwelling. 

If the work involves exterior waterproofing work, interior waterproofing work that relates to more than one dwelling or is not exempt development then the DBP Act will apply to any regulated building elements. If undertaking work on a Class 2, 3 or 9c building, consideration will need to be given to section 13 of the Design and Building Practitioners Regulation 2021, which lists the works that are excluded from the requirements of the Design and Building Practitioners Act 2020.

More information about working on Class 2, 3 and 9c buildings.

What other types of development can be exempt development?

The Codes SEPP lists a range of developments that can be undertaken as exempt development including remedial works, decks and pergolas, carports, driveways, retaining walls and landscaping structures. The types of developments and the associated development standards are listed in Part 2 of the Codes SEPP. 

The Department of Planning, Housing and Infrastructure has published a Fact Sheet which provides guidance on the types of remedial building work that can be done as exempt development. It includes examples of works considered to be ‘exempt development’ provided the development standards set out in the Codes SEPP are met.

The fact sheet is available from the Department of Planning, Housing and Infrastructure website.

The above is intended to provide general information in summary form. The content does not constitute specific advice and should not be relied upon as such. Formal advice should be sought by members and customers with respect to particular matters before taking action.