Whether or not your planned renovation works will require planning approval is highly dependent on your proposed scope of works. Your work will typically fall into one of three categories in the context of planning approval:

1. Exempt development

Works so minor or low-impact that they do not require a complying development certificate or development consent.

Examples of work that can fall within this category include: installation of air-conditioning units; internal alterations replacing or renovating of a doorway, wall, ceiling or floor lining; and internal alterations replacing or renovating a bathroom or kitchen.

In order for work to comprise exempt development it must meet relevant ‘exempt development’ development standards and legislative requirements, particularly under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP).

2. Complying development

Works more extensive than exempt development, or those works which would otherwise comprise exempt development, but for not being able to satisfy the relevant development standards and legislative requirements.

In order for work to comprise complying development, it must meet relevant ‘complying development’ development standards and legislative requirements, particularly under the Codes SEPP, and receive a complying development certificate as may be issued by the local council or a private registered certifier.

3. Works requiring development consent

Works which are particularly extensive, or do not otherwise comprise exempt development or complying development, and require submitting a development application with the local council.

We are pleased to offer Town Planning Advice for proposed renovation works. Please click here for more details about Town Planning Advice.

Please also refer to our other article here.

How can we help?

Services which the Bannermans By-Law Team provides to owners corporations and owners:

• Review existing by-laws, following which the team can:
  • advise on the validity and suitability of current by-laws.
  • suggest new by-laws for the scheme’s circumstances (if applicable).
  • re-organise, index and digitise a scheme’s by-laws.
• Draft by-laws (including the associated motion and consent form).
• Attend to consolidation and lodgment of by-laws for registration with NSW LRS.

Services which the Bannermans Strata Dispute Team provides to owners corporations and owners:

• Provide advice.
• Represent you at meetings.
• Represent you at mediation, NCAT and appellate courts.

For more information on by-laws or any legal enquiries, please contact Bannermans Lawyers at 02 9929 0226 or at enquiries@bannermans.com.au.

***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

Prepared by Bannermans Lawyers

15 January 2026