In short
Building work in the ACT faces two separate tests. Development approval (DA) comes from the Territory Planning Authority unless the work is exempt. Building approval (BA) comes from a licensed certifier you appoint. A detached house never gets a BA exemption, and removing a load-bearing wall always needs a BA, even though it's usually exempt from development approval.
Key takeaways
- Two approvals: development approval (planning) from the Territory Planning Authority, and building approval from a licensed certifier.
- There are no building approval exemptions for detached houses, and removing a load-bearing wall is never exempt.
- A building approval for a house built or started before 1985 needs an asbestos removal control plan.
- After approval the certifier inspects the footings before the pour, the frame before lining, and the finished work.
- You can't occupy or use the building until the Construction Occupations Registrar issues the certificate of occupancy.
What's the difference between development approval and building approval?
Development approval asks whether the work is allowed on your block. Building approval asks whether it will be built properly. They're separate steps, decided by different people.
| Question | Development approval (DA) | Building approval (BA) |
|---|---|---|
| What it decides | Planning: whether the work fits the rules for the block, such as size, siting, heritage and trees | Building: whether the design meets the building code, then inspections while it's built |
| Who decides | The Territory Planning Authority | A licensed certifier (building surveyor) you appoint |
| The law | Planning Act 2023 and the Planning (Exempt Development) Regulation 2023 | Building Act 2004 and the Building (General) Regulation 2008 |
| If the work is exempt | A certifier can give a formal exemption notice. A single dwelling with minor encroachments can seek an exemption declaration instead of a DA | No BA, but the work must still meet every condition of its exemption |
Both approvals sit under ACT law. The planning website is now branded City and Environment Directorate; older documents say EPSDD. Across the border in Queanbeyan, Jerrabomberra and Googong, NSW rules apply instead: see our Queanbeyan page.
What goes into a building approval application?
Section 26 of the Building Act sets out what a building approval application includes:
- the plans;
- the kind of certificate of occupancy you're seeking;
- an asbestos removal control plan, if the building is class 1 to 4 (or an associated class 10 structure) and was built, or started, before 1985;
- any existing asbestos assessment report;
- a copy of the development approval, or the exemption notice if the work is exempt.
Class 1 is a detached house. Class 10 covers structures such as garages, carports, sheds and decks. For both, the Registrar's form AF2025-18 sets the minimum documents a certifier lodges, including footing and slab, retaining wall and framing details that usually come from an engineer. A lodgement missing them fails the completeness check. Builders, designers and certifiers can see how we supply those documents on our page for builders, designers and certifiers.
When is work exempt from approval in the ACT?
Work is exempt only if it passes the general tests and the specific limits for that kind of work. The general tests are different for each approval.
Building approval: the general tests
To skip building approval, the work must not:
- affect "the structural integrity of any part of a building";
- affect a fire-rated element, exits, light, ventilation or fire protection;
- involve asbestos.
One rule overrides the rest: "There are no BA exemptions for detached houses (defined as class 1 buildings)."
Development approval: the general tests
To be exempt from development approval, the work must:
- stay out of an easement or utility protection space, unless the utility gives written permission;
- not interfere with plumbing and drainage clearances;
- not breach the Urban Forest Act 2023, the Heritage Act 2004, the Nature Conservation Act or your Crown lease;
- not increase the number of dwellings on the block to 2 or more;
- not involve a building containing loose-fill asbestos, unless it's demolition or health and safety work.
Fail any one of these and the size limits below don't help. A low retaining wall in a protected tree's zone, or a carport in a sewer easement without permission, can need approval that the same structure elsewhere on the block wouldn't.
Which common jobs need a DA or a BA?
This quick reference gives the main limit for each job. The linked guides and services have the full rules.
| Job | Building approval (BA) | Development approval (DA) |
|---|---|---|
| Retaining wall | Not needed up to 1.2 m, measured from the top to the lowest adjacent ground. Up to 1.5 m only partly exempt: it must meet the code | Exempt up to 0.4 m above DGL in the front zone or within 1.5 m of a side or rear boundary. Elsewhere: cut up to 1.2 m, fill up to 1.0 m |
| Fence or freestanding wall | Not needed up to 1.8 m. Never exempt as part of a retaining wall or a pool enclosure | Exempt with panels up to 2.3 m and posts up to 2.5 m above DGL, none forward of the building line |
| Carport or pergola | Not needed within the small open building limits: no walls, up to 3 m high, roof up to 25 m², floor up to 1 m, no span over 4 m | Exempt with a roof up to 50 m², no more than 2 walls, behind the building line and within the height limits |
| Shed or garage | Not needed up to 3 m high, roof up to 25 m², span up to 4 m, floor up to 1 m above ground | Exempt within an area cap set by block size: 10, 25 or 50 m² |
| Unroofed deck | Not needed with no walls, floor up to 1 m, structure up to 3 m, span up to 4 m | Exempt with a floor up to 0.4 m above DGL in the front zone or near a side or rear boundary, otherwise up to 1 m |
| Removing a load-bearing wall | Always needed | Usually exempt, if the building class doesn't change |
| Rooftop solar, heating or cooling | Not needed on a class 1 or 10a building if the general tests are met, including no effect on structural integrity | Exempt if not within 1.5 m of a side or rear boundary; panels up to 300 mm above the roof where no solar envelope applies |
| Water tank | Not needed up to 20 kL and 2.4 m high. Underground tanks: ask your certifier | Not covered here: ask your certifier |
| Roof | Replacing a roof needs a BA. Replacing a tile doesn't | Not covered here: ask your certifier |
| Pool holding more than 300 mm of water | Always needed, with a pool builder, plans, inspections and certificates | Exempt only outside the front zone (unless behind a courtyard wall), not within 1.5 m of a side or rear boundary, with any deck floor up to 1 m |
| New detached house | Always needed: there are no BA exemptions for class 1 buildings | Exempt only if it meets the single dwelling development controls and the neighbours are informed |
Summary only: the general tests above apply to every row. DGL is datum ground level, the reference ground level the planning rules measure from. Sources: Building (General) Regulation 2008 Schedule 1; Planning (Exempt Development) Regulation 2023 Schedule 1; ACT Planning BA and DA pages; NI2025-492.
What happens after building approval?
The certifier inspects the work at set stages, a surveyor confirms where the building sits, and the Registrar issues the certificate of occupancy at the end.
- Before the concrete pour
Footing inspection
After excavation, with the formwork and steel in place, before any concrete is poured.
- Before work goes above damp-proof course
Survey of position and floor levels
The builder must not build above damp-proof course level until the certifier has a plan, signed by a registered surveyor, showing the building's position and floor levels.
- Before the walls are lined
Frame inspection
For class 1 and 10 buildings, the structural frame is inspected before internal lining, along with the formwork and steel for any reinforced concrete member before its pour.
- When the work is finished
Completion inspection
The certifier inspects the completed work.
- Before you move in
Certificate of occupancy and use
The Construction Occupations Registrar issues it on the owner's application. "It is against the law to occupy or use a building or structure until a COU is issued."
Which building code applies?
Building approvals from 1 May 2026 to 30 April 2027 can use NCC 2022 with the ACT 2022 Appendix, or NCC 2025 with the ACT 2025 Appendix. The project nominates one and can't mix them. From 1 May 2027 NCC 2025 is mandatory, except for projects with a development application or works approval application lodged before 1 November 2026, which can choose either until the DA expires.
Does work on National land or in Designated Areas need building approval?
Yes. Building work on National land is approved by the National Capital Authority (NCA), and work on Designated land that needs NCA works approval still needs building approval from a certifier.
In Designated Areas, the NCA's guidance says works approval takes the place of development approval and has no exemptions. That affects parts of Deakin and Forrest, and blocks on main avenues and approach routes. If your block may be one of them, check with the NCA before you plan the work.
When to call a structural engineer
Call an engineer when an approval depends on structural documents, or when you're not sure whether the work touches the structure at all.
- Removing or altering a load-bearing wall. It needs building approval, and the certifier needs the beam and support design. Wall removal and beam design starts at $890 + GST ($979 inc GST).
- Extensions and second storeys. Footings, framing and new loads on the existing house. Extensions and renovations are priced by fixed quote from your plans.
- Not sure whether it's structural. A site visit with a letter of advice starts at $650 + GST ($715 inc GST): an engineer looks at the specific issue and puts the answer in writing.
We don't give approvals and we're not anyone's certifier. We provide the engineering your certifier and builder work from, and nothing else: no building work, no repairs and no contractor recommendations. If you're still working out who does what, start with do I need a structural engineer?
Not sure what your job needs?
Send photos or plans. We'll tell you what's structural and what the certifier will want, with a fixed quote in under 20 minutes on average, during business hours.
Sources
- ACT Planning: Check if you need a building approval (BA)
- ACT Planning: Check if you need a development approval (DA)
- Building Act 2004 (ACT), sections 26 and 69. What a BA application includes; the certificate of occupancy
- Building (General) Regulation 2008 (ACT), sections 6, 33, 34 and Schedule 1. BA exemptions, inspection stages, survey before damp-proof course
- Planning (Exempt Development) Regulation 2023 (ACT), Schedule 1. DA exemption limits
- Approved form AF2025-18: minimum documents for class 1 and 10 building approvals
- Single dwelling development controls, NI2025-492
- ACT Planning: National Construction Code. NCC 2022 and NCC 2025 transition
- ACT Planning: Home swimming pool safety reforms. Occupying a building before a COU is issued
