Pergola Building Regulations in New South Wales (NSW)

In New South Wales (NSW), whether you need a permit to build a pergola depends on several factors, including the size, height, and location of the structure. Here are the key points to consider:

When a Permit is Not Required

You generally do not need council approval for a pergola if it qualifies as an exempt development. The criteria for exempt development include:

• Size: The pergola must have an area of 25 square meters or less.
• Height: The height should not exceed 3 meters above ground level.
• Floor Height: The floor height must be 1 meter or less above ground level.
• Boundary Setback: The pergola must be located at least 900 mm from the lot boundary in most zones, and 5 meters in rural zones (RU1, RU2, RU3, RU4, RU6, or R5).
• Materials: If metal components are used, they must be factory pre-colored and low reflective. In bushfire-prone areas, non-combustible materials are required.
• Roof: The roof must not extend beyond the roof gutter line of the dwelling and must adhere to drainage system requirements.
• Heritage Areas: In heritage conservation areas, the pergola must sit behind the building line of the road frontage.

When a Permit is Required

Council approval is necessary if the pergola does not meet the criteria for exempt development. This includes situations where:

• The pergola exceeds 25 square meters in area or 3 meters in height.
• It is placed closer than the required boundary setbacks.
• It uses materials or colors that do not comply with regulations.
• There is no adequate stormwater drainage system.
• Vegetation or trees need to be removed.

Additional Considerations

• Easements: If the pergola is to be built over an easement or stormwater drain, you will need to obtain consent from the local council.
• Local Regulations: Always check with your local council for any additional requirements or specific regulations that may apply to your area.

Summary

• No permit needed: For pergolas under 25 square meters, not more than 3 meters in height, and meeting all other exempt development criteria.
• Permit needed: For larger structures, specific locations, or non-compliance with exempt development criteria.

Important Notice: Regulations and best practices may vary by location and are subject to change. We strongly recommend consulting with qualified professionals and local authorities for guidance specific to your situation.