Short answer
In NSW a retaining wall needs no approval only if it meets every exempt standard in the Codes SEPP: generally no more than 600 mm of cut or fill, at least 1 m from any boundary, 2 m from other retaining walls, 40 m from natural water, not on a heritage item and not redirecting water. Anything else needs a CDC or a DA with Northern Beaches Council.
When a retaining wall is exempt development
Exempt development is minor work that needs no planning or building approval. For earthworks and retaining walls, the rules sit in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, usually called the Codes SEPP. The test is all or nothing: if your wall fails a single standard, it is not exempt.
Based on the NSW Planning Portal and the Department of Planning's information sheet on earthworks and retaining walls, an exempt retaining wall must:
- Retain no more than 600 mm of cut or fill above or below existing ground level.
- Be at least 1 m from any lot boundary, registered easement, sewer main or water main.
- Be separated horizontally from any other retaining wall on the site by at least 2 m.
- Be at least 40 m from a natural body of water, such as a creek, lagoon or the ocean foreshore.
- Not redirect surface water or groundwater, or wash sediment, onto a neighbouring property.
- Not be on a heritage item or draft heritage item. In a heritage conservation area it must be in the rear yard.
- Be structurally adequate, comply with the Building Code of Australia and use clean fill (virgin excavated natural material, not building rubble).
Land that rules out the exempt pathway
Even a small wall can lose exempt status because of the land it sits on. Exempt development generally cannot be carried out on land listed on the State Heritage Register, in an environmentally sensitive area, in critical habitat or in a wilderness area, and some flood and bushfire constraints also apply.
The quickest way to see the constraints on your lot is a planning certificate (section 10.7 certificate) from Northern Beaches Council, or the NSW Planning Portal spatial viewer. Both show heritage listings, hazard mapping and the planning controls that apply. Council's planning enquiry officers can also be reached on 1300 434 434.
Complying development (CDC) or a development application (DA)
If a wall is not exempt, there are two approval pathways. Complying development is a combined planning and construction approval for straightforward work, issued by a private certifier or Council when the design meets fixed standards in the Codes SEPP. Earthworks and retaining walls over 600 mm can be approved this way on many residential lots, often with a professional engineer certifying the design.
Where the wall does not fit the complying standards, or the land is excluded (for example a heritage item or certain hazard land), you need a development application to Northern Beaches Council. A DA takes longer but can deal with site-specific issues such as steep slopes, landslip risk and neighbour impacts.
| Pathway | Who approves it | Typical situation |
|---|---|---|
| Exempt | No approval needed | Low garden wall well inside the boundaries, meeting every Codes SEPP standard |
| Complying development (CDC) | Private certifier or Council | Taller wall on an unconstrained residential lot that meets the complying standards |
| Development application (DA) | Northern Beaches Council | Constrained land, heritage, landslip risk, or a wall that does not fit the standards |
When you need an engineer or a geotechnical report
Approval and engineering are separate questions. A wall can be exempt and still need careful design, and almost every wall that needs approval also needs an engineer. As a rule of thumb, walls around 1 m and higher are designed by a structural or civil engineer, and so are walls of any height that carry extra load.
On the Northern Beaches, ground conditions are often the deciding factor. Hawkesbury sandstone bedrock sits close to the surface in many areas, while other sites have deep clay, fill or sand. Each of the area's planning instruments maps geotechnical or landslip hazard, and properties in mapped areas (common in the former Pittwater area) usually need a geotechnical report before Council will approve significant earthworks.
- Surcharge loads: a driveway, parking area, pool, building or another wall above or near the top of the wall.
- Height: retained height of around 1 m or more, or tiered walls closer together than 2 m.
- Boundary walls, where failure would affect a neighbour or public land.
- Steep slopes, mapped landslip or geotechnical hazard land, or signs of past movement.
- Poor ground: soft clay, uncontrolled fill, a high water table or springs.
Which Northern Beaches planning rules apply to you
Northern Beaches Council still assesses development under the plans of the three former councils. Your address decides which apply: Manly LEP 2013 with Manly DCP 2013; Pittwater LEP 2014 with the Pittwater 21 DCP; or Warringah LEP 2011 with Warringah DCP 2011, and Warringah LEP 2000 for the "deferred matter" land it still covers.
A draft Northern Beaches LEP and DCP were on public exhibition from 20 July to 30 August 2026. Council says the draft LEP must be considered in DA assessments alongside the existing controls, so check the current status when you plan a larger wall. The DCPs hold the local rules on excavation, setbacks and stormwater.
Boundary walls, neighbours and drainage
Walls within 1 m of a boundary are never exempt, and they are where most disputes start. Excavating near a boundary can remove support from your neighbour's land, and a failed boundary wall affects two properties. Talk to your neighbour early and keep footings and drainage on your own land unless agreed otherwise.
Drainage is part of both the approval and the wall. An exempt wall must not redirect water onto a neighbour, and an approved wall will normally have stormwater conditions. A well-built wall has free-draining backfill, a slotted agricultural pipe at the base falling to a legal point of discharge, and a way for water to escape through or around the face. Connecting that pipe to a stormwater system is drainage work for a licensed plumber or drainer.
Who is licensed to build what
In NSW you need a contractor licence for building or trade work valued at more than $5,000 in labour and materials, including GST. The Stonemasonry licence class covers stone walls, cladding, staircases, pointing, flagging and stonemasonry retaining walls that do not need approval under the Local Government Act 1993. It does not include structural concreting such as retaining wall footings. The NSW Government says retaining walls that need this approval must be built by people licensed for structural landscaping and general building work.
Blake Cooper holds NSW contractor licence 328680C in the Stonemason class, which you can check on the Service NSW licence register. Where a wall needs approval or engineering, we build the stonework to the engineer's design and work with your engineer, certifier and Council, alongside the appropriately licensed contractor where the approval requires one. For any home building job over $20,000, check that home building compensation cover is in place before you pay a deposit.
Checklist
- Measure the retained height: the difference in ground level from the bottom to the top of the wall.
- Measure the distance to every boundary, easement, sewer and water main.
- Check for other retaining walls within 2 m, including ones you plan to add.
- Order a section 10.7 planning certificate or check the Planning Portal spatial viewer for heritage, bushfire, flood and landslip mapping.
- Work out which former council area (Manly, Pittwater or Warringah) your property is in.
- Note any load near the top of the wall: driveway, pool, shed, house or another wall.
- Plan the drainage: where will water from behind the wall go?
- If any answer is unclear, ask an engineer or certifier before you dig.
Common questions
Can I build two low retaining walls instead of one tall one to avoid approval?
Terraced retaining walls can each be exempt in NSW only if they are separated horizontally by at least 2 m and every wall meets all the other Codes SEPP standards, including the 600 mm limit on cut or fill. Walls closer together than that behave as one taller structure and need approval. On Northern Beaches slopes, tiered walls usually also need an engineer.
Do I need approval to replace an old retaining wall on the Northern Beaches?
Replacing a retaining wall on the Northern Beaches is treated as new work, so the same tests apply as for a new wall. If the new wall retains more than 600 mm, sits within 1 m of a boundary or is on a heritage item, it needs a CDC or a DA, even if the old wall was there for decades. Like-for-like repairs to sound stonework are a different matter.
How do I find out if my Northern Beaches property is on landslip-risk land?
A section 10.7 planning certificate from Northern Beaches Council lists the planning controls and hazards that apply to your lot, including geotechnical or landslip mapping under the relevant Manly, Pittwater or Warringah LEP. You can also check the NSW Planning Portal spatial viewer. If your lot is mapped, expect a geotechnical report before Council approves a significant retaining wall.
Can a stonemason build a retaining wall that needs council approval?
In NSW the Stonemasonry licence class covers stone retaining walls that do not need approval under the Local Government Act 1993, and it excludes structural footings. Retaining walls that need approval must be built by people licensed for structural landscaping and general building work. A stonemason can still build the stonework to the engineer's design, working with the licensed contractor, certifier and Council.
Sources
- NSW Planning Portal: Exempt development, earthworks, retaining walls and structural supports
- NSW Planning Portal: Complying development, earthworks and structural supports
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
- NSW Department of Planning: Information Sheet 2.2, Earthworks and retaining walls
- Northern Beaches Council: Exempt and complying development
- Northern Beaches Council: Planning controls (LEPs and DCPs)
- NSW Government: Stonemasonry work licence class
- NSW Government: Structural landscaping work licence class
- NSW Government: General building work licences
- NSW Government: Home building compensation cover
- Service NSW: Check a builder or tradesperson licence
This guide is general information, not legal or engineering advice. Rules change and every site is different: check with Northern Beaches Council or a certifier for your property.
