You can demolish without a development application (DA) in NSW, but only in two situations. The first is a small, low-impact structure that qualifies as exempt development. The second is a building that meets the Demolition Code, which is approved as complying development through a Complying Development Certificate (CDC) instead of a DA. A full house, a garage, or an industrial building is almost never exempt. Heritage status, zoning and asbestos can close either door.
TL;DR
- Truly “no approval” demolition is limited to minor structures, such as a small shed or deck, that could have been built as exempt development in the first place.
- Most house demolitions in NSW go through a CDC, issued by council or a private certifier. A DA is the fallback when the project does not meet the Demolition Code.
- Heritage items and heritage conservation areas take the exempt path off the table.
- Exempt does not mean unregulated. Demolition work must still follow AS 2601 and work health and safety rules, and asbestos rules apply on every pathway.
- Check your lot’s zoning, heritage status and planning certificate before you book anyone.
Table of Contents
- What “without a DA” actually means in NSW
- When demolition is exempt development
- The CDC route: how most houses come down without a DA
- Check your site before you assume anything
- Asbestos: the rule that applies on every pathway
- Our perspective: where “no DA” plans go wrong
- Need the building down? Talk to us first
- Practical tips for a smooth start
- FAQ
- Sources
What “without a DA” actually means in NSW
People search for “demolition without a DA” and mean “demolition without paperwork”. The NSW planning system does not work that way. It has three pathways for demolition:
| Pathway | Approval needed | Typical use |
|---|---|---|
| Exempt development | No planning or building approval | Small, low-impact structures |
| Complying development (CDC) | A certificate from council or a private certifier, no DA | Dwellings, garages, industrial buildings that meet the Demolition Code |
| Development application (DA) | Full council assessment | Anything that fails the first two, including most heritage cases |
So the honest answer to the keyword is this. A DA is often avoidable. Approval is rarely avoidable. If you want to skip the long council assessment, the CDC route is the one most owners take.
When demolition is exempt development
The NSW Planning Portal says demolition can be exempt only if it relates to a low-impact minor building or structure. Its own example is a deck or carport that meets the criteria to be built as exempt development. If you could have put it up without approval, you may be able to take it down without approval.
That covers things like:
- a small garden shed that fits the exempt size limits
- a low deck or pergola
- a minor structure that was itself built as exempt development
It does not cover a house, a brick garage, a commercial building or a factory. A common trap is assuming that because a building is old, damaged or “falling down anyway”, it needs no paperwork. Planning officers say the legal threshold is not the state of the building. It is the zoning, the heritage status and the type of structure. The Shoalhaven City Council guidance puts it plainly: assume you need some form of approval until you can prove you do not.
Heritage ends the exempt option
If the structure is a heritage item, sits on heritage land, or is in a heritage conservation area, the exempt path is off limits. These sites often need a full DA. If you suspect your property is affected, read our guide on securing a Section 60 approval or DA for heritage demolition before you do anything else.
Exempt still means regulated
Exempt work must still comply with Australian Standard AS 2601 (The demolition of structures) and WHS requirements. The Model Code of Practice: Demolition Work treats demolition as construction work under the WHS Regulations. Model codes are not automatically law, but they are used as evidence of what is known about risks and controls. In practice, treat them as mandatory.
The CDC route: how most houses come down without a DA
For larger structures, the Planning Portal’s complying development page explains that the Demolition Code allows demolition of a dwelling, an industrial building, and development such as garages, provided the Code’s standards are met. A CDC can be issued by your local council or by a private certifier. If the project does not qualify, you lodge a DA with council instead.
The fact sheet on demolition rules for exempt and complying development lists the Code’s conditions. Two catch owners out most often:
- Essential services. Utilities must be disconnected before the building comes down. Site security such as fencing or hoarding is usually a condition from day one.
- Adjoining walls. Where demolition is within 900 mm of a shared boundary wall, a dilapidation report on the adjoining structure is a standard condition on many CDCs. It is often missed in planning and holds up the pre-commencement stage.
The fact sheet itself warns that it is guidance only and may not cover everything relevant to your site. Check the planning controls for your property, or take professional advice.
How long does it take?
A CDC is typically faster than a DA, but the real delay is usually missing documents rather than the assessment itself. Our NSW demolition approval timeline shows where weeks tend to disappear. For a broader overview of approvals around Sydney, see our demolition permits guide.
Check your site before you assume anything
Spend an hour on these checks before you ask for a quote.
- Find your zone. Use the Planning Portal’s Spatial Viewer, as councils recommend.
- Check heritage. Look for a heritage item listing or conservation area on the same viewer and in your local environmental plan (LEP).
- Order a Section 10.7 planning certificate. Councils recommend it as the starting point for verifying your property’s status.
- Identify the structure type. Is it a minor exempt structure, or a dwelling, garage or industrial building?
- Ask a certifier or council. A certifier can confirm whether your project meets the Demolition Code.
Rural land and “no dwelling entitlement”
Rural owners meet an extra wrinkle. Owning land does not automatically give you the right to build, or rebuild, a house on it. “No dwelling entitlement” means the current planning controls for that lot do not permit a new dwelling. If you plan to demolish an old farmhouse and build another, confirm the lot’s dwelling opportunity under the LEP first. It helps to understand property easements in Australia too, because easements and title restrictions can limit what you can do on a lot before any machine arrives.
Asbestos: the rule that applies on every pathway
Whether you use an exempt, CDC or DA pathway, asbestos obligations do not go away. Any house built before the late 1980s may contain it in eaves, wall sheeting, roofing, fences or under old flooring.
The NSW Government’s planning circular PS 21-036 sets the standards for anyone removing or demolishing asbestos material under the exempt and complying codes. In summary:
- Removal of any friable asbestos, or more than 10 square metres of bonded asbestos, needs a licensed asbestos removalist.
- Under a CDC, your certifier needs a signed contract with a licensed removalist and later a receipt from a lawful landfill. Without these, work can be halted.
- SafeWork NSW says the licensed removalist must notify it at least five calendar days before removing any friable asbestos or more than 10 m² of non-friable asbestos.
The best way to know what you have is to engage a licensed assessor to inspect and test, as the NSW Government’s asbestos page advises. Do this before lodging anything, because the result shapes the contract your certifier will ask for. Our guides cover the SafeWork five-day notification and the current NSW asbestos removal regulations. If you are still unsure what is in your garage or bathroom, start with asbestos in garages and asbestos in older bathrooms.
Our perspective: where “no DA” plans go wrong
We are asked about skipping approvals most weeks, and the pattern is consistent. The owner has a small, tired-looking building and assumes small means exempt. Then the property turns out to be in a conservation area, or the structure is a garage with asbestos sheeting, or the boundary wall sits inside 900 mm of the neighbour’s.

Our view is that the cheapest demolition is the one that starts once and finishes once. A stop-work order, a missing dilapidation report or an unlicensed asbestos job costs far more than the paperwork it tried to avoid. That is why we handle the whole job: approvals support, utility disconnections, hazardous waste handling and final site cleaning, across residential, commercial and industrial projects. We also bring licensed asbestos removal into the same program, so the certifier receives the documents it needs in the right order.
If your structure genuinely is exempt, good. We will tell you so. If it is not, we will tell you that too, and explain the quickest compliant route.
— Tarek
Need the building down? Talk to us first
We provide residential demolition and commercial and industrial work, along with shed and structure removal, concrete cutting, strip-outs and licensed asbestos removal. Send us your address and a few photos. We will help you work out the approval pathway, line up the asbestos steps and plan the job. You can start from our demolition services page.
Practical tips for a smooth start
- Get the structure type right on paper. Describe it exactly as the planning controls do: dwelling, garage, shed, industrial building.
- Test before you contract. An asbestos result before lodgement avoids surprises mid-project.
- Plan for neighbours. Boundary walls, noise and hours matter. See our notes on demolition noise rules in NSW and working hours and stop-work checks.
- Keep the records. Signed contracts and disposal receipts are what certifiers ask for at the end.
- Emergencies are different. If a structure is unsafe after a fire or storm, see our guide on emergency demolition in NSW before taking action yourself.
FAQ
Can I demolish my house in NSW without approval?
No, not in most cases. A house is not minor exempt development. It normally needs a CDC under the Demolition Code, or a DA if it does not qualify. You also need to meet asbestos and safety requirements.
What can I demolish without approval in NSW?
Low-impact minor structures, such as a small deck, carport or shed, that could have been built as exempt development. The structure must not be on heritage land or in a heritage conservation area. AS 2601 and WHS requirements still apply.
Is a CDC the same as a DA?
No. A CDC is a fast-track approval issued by council or a private certifier when your project meets the Demolition Code. A DA is assessed by council and is used when the project does not qualify for complying development.
Do I need a licensed contractor to remove asbestos before demolition?
Yes, for any friable asbestos or more than 10 square metres of bonded asbestos. The licensed removalist must also notify SafeWork NSW at least five calendar days before starting. Your certifier will usually ask for the signed contract and a landfill receipt.
Sources
- Demolition (exempt development), NSW Planning Portal
- Demolition (complying development), NSW Planning Portal
- Demolition of buildings: rules for exempt and complying development
- Planning circular PS 21-036: asbestos material
- Working as a licensed asbestos removalist, SafeWork NSW
- Asbestos, NSW Planning
- Demolition, Shoalhaven City Council
- Model Code of Practice: Demolition Work, Safe Work Australia