Change of use
Changing the use of a building may not need planning permission if it meets the requirements as an exempt development.
Planning approval is not required for changes of use that keep within the business categories in the table below.
Existing uses |
Proposed uses |
| Category 1 | |
| Business premises Office premises Shop Public administration building |
Business premises Office premises Shop Kiosk Public administration building |
| Category 2 | |
| Landscaping material supplies Hardware and building supplies Garden centre Plant nursery Rural supplies Timber yard Vehicle sales or hire premises |
Landscaping material supplies Hardware and building supplies Garden centre Plant nursery Rural supplies Timber yard |
| Category 3 | |
| General industry Light industry (other than artisan food and drink industry) Packaging industry Warehouse or distribution centre (other than local distribution premises) Wholesale supplies |
Light industry (other than artisan food and drink industry) Packaging industry Warehouse or distribution centre (other than local distribution premises) Wholesale supplies Self-storage premises |
Please refer to these State Policy provisions on exempt changes-of-use to business premises.
Other considerations
- a change from one type of retail shop to another is not considered to be a change of use, but a change of tenant.
- minor building work can be undertaken during the change of use, if the work is considered exempt development. For example, for a shop changing to an office, minor internal work may not require approval, such as the installation of work stations, re-carpeting the floor, re-painting the premises, changing light fittings and upgrading existing sanitary fittings.
- any structures located on public land or over a public road must have separate approval from the relevant council or Transport for NSW under the Roads Act 1993 and the Local Government Act 1993 .
- Generally, exempt development cannot be carried out on:
- land or a building that is listed on the State Heritage Register or subject to an interim heritage order.
- a critical habitat of an endangered species, population or ecological community under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994.
- a wilderness area under the Wilderness Act 1987.
Find out what about the exempt and complying development pathways that apply in your Neighbourhood Centre.
Last updated: 20/06/2023