Adding shade or an outdoor room changes how a home is used, but the rules for pergolas and awnings differ across states. In both New South Wales and Victoria, small projects can sometimes skip a full development application. The catch is meeting very specific limits on size, height, setbacks, and location. Here’s a straightforward guide that keeps you on the right side of local law.
NSW at a glance: when pergolas and patios are “exempt”
NSW uses the Codes SEPP to set statewide rules for low-impact work that does not need a planning or building approval. Pergolas, patios, decks, terraces, and verandahs can be exempt if they meet strict standards. Key limits include: the structure must sit behind the building line, be set back at least 900 mm from side and rear boundaries in most zones, stay at or under 25 m² in area, keep the floor under 1 m above the existing ground, and remain no taller than 3 m. Any enclosing wall must be 1.4 m or lower. These figures come straight from the Department of Planning fact sheet.
If the structure is roofed and attached, there are extra safeguards. It cannot extend above the dwelling’s gutter line, fascia fixings must follow an engineer’s specification, and roof water must discharge to the existing stormwater system. If you miss any of the standards, the work moves out of “exempt” and into approval territory.
The legal basis for those standards sits in the State Environmental Planning Policy for Exempt and Complying Development Codes. When in doubt, check the SEPP text or ask a certifier whether your design fits “exempt” or could proceed as Complying Development.
NSW awnings that face the street
Awnings or pergola with retractable canopy that project over public land, such as a sidewalk, are not exempt. They require consent under section 138 of the Roads Act 1993, and most councils process these through the NSW Planning Portal. The state guidance is explicit that works in, on, or over a public road or footpath require approval.
Victoria: know the difference between planning and building permits
Victoria separates planning permits from building permits. A planning permit checks zoning and overlays; a building permit checks technical compliance. You may need one, both, or neither, depending on the site and structure. The Victorian Building Authority explains this split and points owners to a council or private building surveyor for advice.
Pergolas in Victoria
Under Schedule 3 of the Building Regulations 2018, a pergola that is unroofed or covered only with permeable material can be exempt from a building permit if it stays within tight limits. Typical benchmarks used by councils include: no more than 20 m² in area, no higher than 3.6 m, and not located forward of the home’s front wall, with a narrow allowance up to 2.5 m forward for a pergola appurtenant to a Class 1 dwelling. Local council pages quote these thresholds directly from Schedule 3.
Councils also emphasize the definition: a pergola is open and unroofed. If you add a solid roof, the structure becomes a verandah and will generally need a building permit.
Awnings in Victoria
If an awning, pergola with retractable roof or sunblind projects beyond the street alignment, it must meet projection limits set in Regulation 104. In simple terms, it cannot extend more than 2.4 m over the street and must keep minimum clearance heights. Designs that do not meet these rules usually require a formal “report and consent” from council.
On private land that does not involve the street, whether a wall-mounted residential awning or retractable canopy for pergola needs a building permit depends on the specifics. Because awnings can create wind loads and fix into structural framing, surveyors often treat them as building work unless an exemption clearly applies. The VBA’s practice note on when a building permit is required is the starting point, and your appointed building surveyor makes the call.
Quick comparison
| Topic | NSW basics | Victoria basics |
| Pathways | Exempt Development under Codes SEPP; otherwise Complying Development or DA | Planning permit and building permit are separate; check both |
| Pergola size limit for permit-free work | Up to 25 m² if all other standards are met | Up to 20 m² if unroofed and all siting rules are met |
| Height limit | Up to 3 m above existing ground for exempt structures | Up to 3.6 m for exempt pergolas |
| Floor or platform | Floor no higher than 1 m above ground | Not specified in the exemption; surveyor checks safety and siting |
| Setbacks and location | Behind the building line; typical side/rear setback at least 900 mm | Not forward of the dwelling’s front wall, with narrow 2.5 m allowance for Class 1 dwellings |
| Roofed attachments | Extra rules apply to attached roofed works like verandahs | Roofed structures such as verandahs usually need a building permit |
Sources: NSW fact sheet and SEPP; Victorian Building Regulations 2018 Schedule 3 and council guidance.
Practical steps that prevent delays
- Measure first, then sketch. Confirm area, height, platform height, and setbacks on the site plan before you order retractable pergola canopyhardware or set posts. NSW uses numeric triggers like 25 m², 3 m height, and a 1 m floor height to decide if work is exempt.
- Check overlays and special land constraints. Exempt work does not apply on certain land in NSW, and Victorian overlays can trigger a planning permit even when a building permit exemption would normally apply.
- Distinguish pergola vs verandah. In Victoria an open, unroofed pergola can be exempt within limits. Add a solid roof and you will likely need a permit. Councils publish clear definitions.
- Watch street projections. Any awning that crosses the property boundary into public space in NSW needs Roads Act approval. In Victoria, projections over the street must satisfy Regulation 104 or secure council consent.
- Keep drainage and fixing details in order. NSW requires roof water from attached structures to connect to lawful stormwater, and fascia fixings must follow an engineer’s spec. That detail often decides whether a certifier signs off.
If you are selecting a retractable pergola, retractable pergola shade, or awning system, ask the supplier for structural data, wind ratings, and mounting options suited to Australian codes. Eurola’s team can coordinate with your certifier or building surveyor so the product specification lines up with the permit pathway you choose. For many homes that means a faster install and fewer surprises at inspection.
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