Most small backyard playhouses count as non-habitable Class 10a structures and can be exempt from council approval if they meet size, setback and use rules. Overlays like bushfire or heritage zones, or adding power and plumbing, can remove that exemption. The safest next step is a written property enquiry with your council before you build.

TL;DR:

• Local limits often fall near 10 to 18 square meters, 2.4 to 3 meters high, and 1 meter from boundaries, but councils set different thresholds.
• Connecting electricity or plumbing, using the playhouse for sleeping, cooking, or bathing, changing drainage, removing trees, or building near an easement can trigger separate approvals.
• Bushfire, heritage, flood, and land stability overlays may impose material, separation, siting, or drainage rules; check official planning maps before choosing the location.
• For a written council ruling, submit your address, site plan with boundary distances, dimensions, intended use, materials, proposed services, and manufacturer specifications.
• Exempt builds typically incur no application fee, while formal reviews take weeks rather than days; council fees vary, so request an itemized estimate.

Table of Contents

• 1. What exempt development means for your cubby house
• 2. How thresholds differ between states and councils
• 3. Common triggers that remove your exemption
• 4. Overlays that can override standard exempt rules
• 5. How to check with council and get it in writing
• 6. What to send council with your enquiry
• 6. Why a purpose-built playhouse suits a compliant approach
• 7. Common fees and costs in the approval process
• 8. Typical timeline for getting a playhouse approved
• 9. A permission-first approach pays off
• 10. A practical, compliant-friendly playhouse option
• FAQ
• Sources

1. What exempt development means for your cubby house

Exempt development is a category of low-impact building work that does not need a development application or building approval, provided it meets specific standards. A cubby house, garden shed or cabana usually falls under Class 10a of the National Construction Code, which covers non-habitable structures: buildings you can play in or store things in, but not live, sleep or cook in.

Exempt status only applies when you tick every box your state sets out, not just some of them. Miss one standard, such as a setback distance or a height limit, and the exemption disappears even if the structure itself looks harmless.

A few things stay true no matter how small the build is:

• The structure must remain genuinely non-habitable, with no bedroom, bathroom or kitchen use.
• Every exempt development standard (size, height, setback, siting) needs to be met together, not individually.
• The National Construction Code still applies for structural adequacy, even when no approval is required.

2. How thresholds differ between states and councils

There is no single Australian rule for playhouse size. NSW exempt development rules set out specific standards for cabanas, cubby houses and garden sheds, while Brisbane City Council notes that small outbuildings can be accepted development when they meet City Plan codes and the National Construction Code.

Some councils publish exact figures you can check against your own build. Meander Valley Council in Tasmania, for instance, lists a maximum area generally around that size and a maximum wall height near 3 metres for low-risk cubby houses and play equipment. That is one council’s own figures, not a national standard, and your local government area may set different numbers entirely.

Examples of the kinds of thresholds you will see across different states and councils include:

• Floor area limits, often somewhere in the 10 to 18 square metre range depending on the council.
• Height limits, typically between 2.4 and 3 metres to the highest point.
• Boundary setbacks, commonly around 1 metre, though this varies by zone and structure type.

Queensland guidance from Brisbane City Council gives a similar flavour, with example thresholds generally near 10 square metres and about 2.4 metres in height before building approval kicks in. State policies set the floor, and your council can then add its own layer of constraints on top, particularly in sensitive zones.

3. Common triggers that remove your exemption

A playhouse that would otherwise sail through as exempt development can lose that status the moment you add certain features or sit on certain land. Size alone does not protect you if one of these triggers applies.

Watch for these common exemption killers:

• Connecting mains electricity or plumbing, which usually brings the structure into a different approval category.
• Using the space for sleeping, cooking or bathing, which shifts it out of non-habitable Class 10a entirely.
• Altering stormwater drainage or working near an easement, which can require separate plumbing or planning sign-off.
• Removing trees to make room for the structure, which often needs its own council permit.
• Building on bushfire-prone, heritage-listed or flood-affected land, where overlays override the standard exempt rules.

If any of these apply to your situation, treat the playhouse as a project that needs a conversation with council before the first post goes in the ground, regardless of how modest the footprint is.

4. Overlays that can override standard exempt rules

Overlays sit on top of your property’s zoning and can quietly cancel out an otherwise straightforward exemption. Bushfire overlays are a common one: Planning Victoria’s guidance on building in bushfire-prone areas notes that additional fire-protection measures and material requirements can apply even to small outbuildings, which may mean swapping to non-combustible materials or adding extra separation from fences and vegetation.

Heritage overlays work differently again, often restricting what you can build or where, particularly if your property or street falls within a conservation area. Flood-prone and land stability overlays bring their own siting and drainage rules, and an easement running through your yard can limit exactly where a structure is allowed to sit.

None of these show up by just measuring your playhouse. You need to check the overlay maps on your council’s planning scheme or your state planning portal before you commit to a spot in the yard.

5. How to check with council and get it in writing

A phone call gives you a general steer, but a written answer is what protects you later. Most councils offer a formal property enquiry service specifically for this. Manningham City Council’s planning property enquiry service, for example, issues written advice confirming whether a planning permit is required for a specific property, and that written response can be used alongside a building permit application if one is needed.

A simple process looks like this:

1. Search your council’s website for a “property enquiry” or “planning enquiry” service.
2. Submit your address, a basic site plan and the playhouse dimensions.
3. Ask specifically whether the structure needs a development application, building approval, or both.
4. Keep the written response on file, ideally alongside your manufacturer’s spec sheet.
5. If anything in the reply is unclear, call the planning desk to clarify before you build.

Pro Tip: A written property enquiry is often accepted by a building surveyor as proof that no permit is needed, which can save you from a costly removal order down the track.

If your situation involves services, an overlay, or genuine uncertainty about structural adequacy, bring in a licensed building surveyor or certifier rather than guessing. They can confirm compliance with the National Construction Code and sign off on anything council itself does not assess.

6. What to send council with your enquiry

A tidy, complete submission gets you a faster, clearer answer. Councils are far more likely to give useful written advice when you have done the groundwork for them.

Include the following when you contact council:

• Your property address and lot details.
• A simple site plan showing the playhouse’s position and its distance to each boundary.
• The structure’s footprint, height and overall dimensions.
• A note confirming the intended use is play only, with no sleeping, cooking or bathing.
• The materials used and any proposed services, such as power or water.
• Photos or a manufacturer’s specification sheet if you are installing a prefabricated playhouse.

A short, well-organised package like this helps council assess your proposal quickly and gives you a written ruling you can point to later, rather than relying on memory of a verbal chat.

6. Why a purpose-built playhouse suits a compliant approach

Choosing a lightweight, purpose-built playhouse rather than a custom build can make the exempt development intent easier to meet, since it is already designed around play rather than habitation. Our Keter Kids Funtivity Outdoor Playhouse is one option we offer that is weather resistant and built for backyard play, not for services like plumbing or wiring, which keeps it aligned with non-habitable use. You will still need to confirm your own site’s size, setback and overlay rules with council, but saving the manufacturer’s dimensions and specs makes that enquiry much easier to answer. We also publish playhouse safety guidance worth reviewing before assembly.

7. Common fees and costs in the approval process

Costs vary a lot depending on whether your playhouse stays within exempt development or needs a development application. When a structure meets exempt standards, there is typically no application fee at all, since no formal assessment is required beyond your own due diligence.

Where a development application or building approval becomes necessary, expect a few possible cost categories: a council assessment fee for the application itself, a private building surveyor’s fee if you engage one to certify the work, and potentially a separate plumbing permit fee if stormwater or drainage work is involved. Meander Valley Council’s cubby house factsheet notes that plumbing permits for stormwater connections are handled separately from building approval, and a licensed plumber may need to lodge a compliance notice once that work is finished.

If your build affects stormwater discharge or needs a legal point of connection, it is worth reading up on stormwater drainage compliance requirements before you budget for the project, since drainage non-compliance can add unexpected costs later.

Because fee schedules differ between councils and change over time, the only reliable figure is the one your own council quotes you in writing when you lodge your enquiry. Ask for an itemised breakdown up front so there are no surprises if your project does end up needing formal approval.

8. Typical timeline for getting a playhouse approved

If your playhouse genuinely meets exempt development standards, there is no approval timeline at all: you confirm compliance, keep your written records, and build. A property enquiry to get that written confirmation typically takes council a short processing window, often somewhere between a few business days and a couple of weeks, depending on how busy the planning desk is.

Where a development application or building approval is actually required, the timeline stretches out considerably. Councils generally need weeks rather than days to assess a formal application, and that window can lengthen further if your site sits within an overlay, such as bushfire-prone or heritage land, since those applications often need input from additional referral bodies.

Building in a buffer before you plan to install the structure is sensible, especially if you are timing the project around a birthday or school holidays. Submitting a complete, well-documented enquiry or application from the outset, with your site plan, dimensions and intended use clearly spelled out, is the single biggest factor in avoiding delays caused by council requesting more information partway through.

9. A permission-first approach pays off

My honest view: the paperwork feels like overkill until the day a neighbour complains or you decide to sell. A written council confirmation costs you almost nothing and saves you from rebuilding or removing a structure later. When in doubt, a quick call to a certifier beats a guess every time.

— Liza

10. A practical, compliant-friendly playhouse option

If you would rather start with a structure that is already designed around play, not habitation, our Keter Kids Funtivity Outdoor Playhouse is a weather resistant option built for backyard fun without the services or add-ons that typically trigger extra approvals.

Before you contact council, it helps to have your documentation ready:

• Download the playhouse’s dimensions and specification sheet to attach to your property enquiry.
• Read our anchoring guidance if you are siting the structure close to a boundary.
• Browse our full range of outdoor storage and furniture if you are planning the backyard around the playhouse as well.

Once your council confirms your plans in writing, choosing a purpose-built, non-habitable playhouse keeps the rest of the project simple.

FAQ

Do I need council approval for a small cubby house?

Often not, if your cubby house meets your state’s exempt development standards for size, height and setback and stays strictly non-habitable. You should still confirm this in writing with your own council, since local rules and overlays can change the answer for your specific property.

What counts as a Class 10a structure?

Class 10a covers non-habitable buildings under the National Construction Code, including cubby houses, garden sheds and cabanas used for storage or play rather than living. The code still sets structural standards for these buildings even when no council approval is needed.

Does adding power or plumbing change the approval requirements?

Yes, connecting electricity or plumbing to a playhouse generally takes it outside standard exempt development rules. These additions often require separate approvals, so it is worth checking with council before wiring or water lines go in.

How do I get written confirmation from council?

Most councils offer a formal property enquiry or planning enquiry service, such as the one run by Manningham City Council, where you submit your address and plans and receive a written response. Keep that response on file alongside your playhouse’s manufacturer specifications.

Are bushfire or heritage overlays likely to affect my playhouse?

Yes, overlays like these can require different materials, extra separation distances or added restrictions that override standard exempt development rules. Planning Victoria’s bushfire guidance is a useful starting point if your property sits in a bushfire-prone area.

Sources

• Building a shed - approvals and requirements · Brisbane City Council
• Building in the bushfire management overlay · Planning Victoria
• Low-risk building work — cubby houses and playground equipment · Meander Valley Council
• Request a planning property enquiry · Manningham City Council
• Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses – rules for exempt development · NSW Planning

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• Playhouse safety Australia: what to check before playtime
• Keter Kids Funtivity Outdoor Playhouse
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