Planning guide
Accepted development in Queensland: do you need approval?
If you're trying to find out how big a shed, carport or deck you can build in Queensland without approval, here's how Queensland actually decides, who sets the number for your block, and where to find it.
Written and verified by Struqt’s registered architects · Last verified October 2026
Queensland puts all development into one of three buckets: accepted, assessable or prohibited. Accepted development doesn't need development approval. The catch is that for the things most people ask about (sheds, carports, garages and decks), the state doesn't make the final call. It sets up the framework and a default, then lets your council's planning scheme override it.
Sources: Planning Act 2016 (Qld), s 44 · Planning Regulation 2017 (Qld), ss 18 to 20 · Building Act 1975 (Qld), ss 21 and 33 · Queensland Development Code, Business Queensland
The three categories
Under the Planning Act 2016, every piece of development falls into a category. What decides the category is a "categorising instrument": either a state regulation or, in practice, your council's planning scheme.
- Accepted: no development approval needed.
- Assessable: you need approval. It's assessed either against the codes in the scheme (code assessment) or on its broader merits (impact assessment).
- Prohibited: you can't apply for it at all.
One useful rule sits in section 44(6)(a): if nothing categorises a piece of development, it's accepted by default. If the rules are silent, you're in the clear.
That's also why your council matters so much. Its planning scheme is one of the documents that can break that silence.
The state's half of the sorting is in the Planning Regulation 2017. Schedule 7 lists accepted development. Schedules 9 and 10 list assessable development, and Schedule 10 also lists what's prohibited.
Why building work starts on the back foot
This is the part that catches people out. Schedule 9 of the Planning Regulation says building work is assessable unless Schedule 7 makes it accepted. So for building work, the starting point is that you need approval. You have to find an exemption; you can't assume one.
The Building Act 1975 gives you the way out, but it's narrower than it looks. Under section 21, building work is only accepted if two things line up:
- the Planning Regulation allows the Building Act to make that call, and
- the work is listed in a regulation and, where that regulation requires it, complies with the relevant building provisions.
Work that ticks both boxes is accepted building work.
That's how a shed can need no planning approval but still need a building approval, or the other way round. They're two separate questions, under two separate sets of rules.
NSW handles this differently. If you’re comparing the two, see exempt development in NSW and CDC vs DA.
Who actually sets the number?
Does my shed, carport, garage or deck need planning approval?
Who decides
Your council, through the zone code and dwelling house code in its planning scheme. The state sets the categories; the council sets the triggers and sizes.
Where it comes from
Planning Act 2016 (Qld) s 43 and s 44, applied through each council's planning scheme
How far from the boundary can it go, how much of the block can it cover, how high can it be, and what about overlooking?
Who decides
The state sets a default. But if your council's scheme has its own rules, those replace the state default for whatever they cover. The department describes councils doing this as widespread.
Where it comes from
Building Act 1975 (Qld) s 33(1)(b), (2) and (4)
Do flood building rules apply to my land?
Who decides
Your council. It maps the flood hazard areas and sets the defined flood level and freeboard (the extra height above flood level). The building standard itself is the state's, but whether it applies is up to council.
Where it comes from
Building Regulation 2021 (Qld) s 8
Which building work is accepted building work?
Who decides
The state, by regulation under the Building Act. This one really is state-wide.
Where it comes from
Building Act 1975 (Qld) s 21, with the Building Regulation 2021
| The question | Who decides | Where it comes from |
|---|---|---|
| Does my shed, carport, garage or deck need planning approval? | Your council, through the zone code and dwelling house code in its planning scheme. The state sets the categories; the council sets the triggers and sizes. | Planning Act 2016 (Qld) s 43 and s 44, applied through each council's planning scheme |
| How far from the boundary can it go, how much of the block can it cover, how high can it be, and what about overlooking? | The state sets a default. But if your council's scheme has its own rules, those replace the state default for whatever they cover. The department describes councils doing this as widespread. | Building Act 1975 (Qld) s 33(1)(b), (2) and (4) |
| Do flood building rules apply to my land? | Your council. It maps the flood hazard areas and sets the defined flood level and freeboard (the extra height above flood level). The building standard itself is the state's, but whether it applies is up to council. | Building Regulation 2021 (Qld) s 8 |
| Which building work is accepted building work? | The state, by regulation under the Building Act. This one really is state-wide. | Building Act 1975 (Qld) s 21, with the Building Regulation 2021 |
Look down the middle column. On almost every question a homeowner asks, Queensland leaves the number to the council. So the next step is to find your council's planning scheme and see what is viable.
What changed on 1 September 2026
The rules for setbacks, site cover and height for houses and Class 10 structures (the building code's category for sheds, carports, garages and decks) used to be in Parts MP 1.1 and MP 1.2 of the Queensland Development Code.
From 1 September 2026 they're being replaced by the Queensland Housing Code. Councils have until 2029 to update their planning schemes.
So for the next few years, which rules apply to your block depends on whether your council has updated their scheme yet. Check with your local council to see where they are at.
Four common mix-ups
- MP 3.5 is about floods, not sheds. Queensland Development Code Mandatory Part 3.5 covers building in flood hazard areas. A lot of people find it while looking for shed rules. It has nothing to do with sheds, carports, decks or size limits.
- "Minor building work" isn't an exemption. The Planning Regulation defines it as work that adds no more than 50m² or 5% of the existing gross floor area, whichever is less. It's just a label for the size of an addition. Being under 50m² doesn't mean you skip approval. Gross floor area also leaves out car parking areas, so the test doesn't really work for a garage or carport anyway.
- The state figure is a default, not the rule. The state setback and site cover standards only apply where your council's scheme doesn't have its own. Where you live, the state number may well have been replaced.
- Planning approval and building approval are separate. Clearing one tells you nothing about the other.
How to find the rules for your block
Start with your council's planning scheme. Find the zone code for your land and the dwelling house code. Inside those, look for the rules on outbuildings or Class 10 structures.
Check building approval separately. That's covered by the Building Act, not the planning scheme. A private building certifier can tell you.
Check for flooding. If council has mapped your land as a flood hazard area, the flood construction rules apply on top. They control how high your floor has to be, not how big the structure can be.
For more, see our guides on shed approval and carport approval, and what an overlay is. Overlays are mapped layers, like flood or bushfire, that can change the answer.
Key takeaway: The state sets the categories and a default. Your council can replace that default with its own.
Frequently asked questions
What size shed can I build in Queensland without council approval?
The state supplies a default, but the Building Act lets councils write their own siting rules into their planning schemes, and those replace the state default.
What is accepted development in Queensland?
Development that doesn't need a development approval. It's one of three categories under the Planning Act 2016, along with assessable and prohibited. Anything no instrument categorises is accepted by default under section 44(6)(a), and Schedule 7 of the Planning Regulation 2017 lists more.
What does QDC MP 3.5 cover?
Building in flood hazard areas. It doesn't cover sheds, carports, decks or outbuilding sizes. Whether it applies to you depends on whether your council has mapped your land as a flood hazard area.
Do I need planning approval or building approval?
They're separate. Planning approval comes under the Planning Act and your council's scheme. Building approval comes under the Building Act and Building Regulation, and is usually done by a private building certifier. You can need one without the other.
Did Queensland's building rules change in 2026?
Yes. From 1 September 2026, the Queensland Housing Code began replacing QDC Parts MP 1.1 and MP 1.2. Councils have until 2029 to update their schemes, so which rules apply to you depends on whether your council has updated yet.
Check your own block
The rules for your block come from your council, not the state. A Struqt report pulls together the zone, overlays and planning controls for any Australian address, and tells you clearly when a number comes from your council rather than the state.