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Modbury RLA68690

Clovercrest Village, 429 Montague Rd Modbury

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Salisbury council – Do I require building approval?

6 Mar 2013 iProperty Network 0 Comment

Generally, most structures require approval from Council. However, there are some instances where smaller type structures do not have to have Council approval. These types of structures which do not need approval may include tool sheds, bird aviaries, pergolas with an open roof form and rainwater tanks.

As a guide, approval from Council is NOT required for the following in a domestic situation with some exceptions. Please ensure you have all the facts before you invest time and money in erecting one of the structures below and if you have any questions please contact Development Services.


Council approval is NOT required if the structure complies with the following;

Visit the Development Services information page on Minor domestic structures for more information.

Swimming pools

Swimming pool approval is not required for pools with a depth of 300 mm or less that do not incorporate a filtration system.

Visit the Development Services information page on Swimming pools for more information.

Spa pools

Provided the spa maximum capacity is 680 litres or less, council approval is not required.


Council approval is not required for masonry fences less than 1m in height or other fences which are less than 2.1m in height.

Retaining walls

Where the difference in ground level is less than 1m, Council approval is not required.

Visit the Development Services information page on Retaining walls for more information.


Pergolas that don’t require council approval include those that do not have a roof, have each freestanding side open and have no part which is higher than 4m above the ground. The structure must be no closer to street than existing dwelling.

Visit the Development Services information page on Minor domestic structures for more information.


New decks that are associated with an existing dwelling must have a maximum height above ground level of 500mm and be no less than 900mm from the boundary.

Garage/Carport Doors

Provided that installation is to an existing approved Carport or Garage and no portion of the door is closer to the street than the dwelling, Council approval is not required.

Shade Sail

Shade sails do not require Council approval provided they are:

Satellite Dish

To be exempt from Council approval, the maximum diameter of a satellite dish can not exceed 1.2 meters.

Solar Cells

Council approval is not required for new solar cells that:

Water Tank

Council approval is not required for water tanks that:

Brush Fences

No approval from Council is required provided that the fence is located greater than 3m from an existing dwelling. However, attached structures may be closer than 3m if roof spaces are not linked.


Even though your development may comply with the above, you may still be required to obtain planning approval if the structure is located between an existing building and the road frontage.

The information on this page applies to domestic situations only. If any of the above structures are in connection with a commercial or industrial site, approval may need to be granted by Council regardless of the size.

Tenants/renters: Even though approval may not be needed from Council, you should contact your landlord or the SA Housing Trust if you are a tenant.

*Encumbrances are registered on Certificates of Titles. These are special requirements that a Developer of an area imposes on the property.

Some of the areas affected include:

You should contact Development Services if you live in these areas to ensure your development complies with the encumbrance on your property.

Residential Development Code

South Australia has entered into a new era in planning approvals following the introduction of the new Residential Development Planning Code. The Code has been developed following a consultation period of a draft code involving the public, industry and local government.

As part of the changes there has been an expansion of the categories for complying development, by essentially providing a  7tick-box’ assessment for a proposal against a set series of criteria know as  7Performance Controls’. These include issues such as location, height, setback and site coverage.

It is intended that complying development will apply differently for new homes and alterations/additions to existing homes. If you are looking at renovating your home or wanting to build a new one, visit the South Australia Government Department of Planning and Local Government web site page regarding theResidential Development Code.

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