Sign approvals and council rules

New business, new sign. Before you order it, it's worth checking whether you need approval. Planning rules for signage are set by each state and applied through local councils, and they can cover the type, size, number, location, lighting and fixing of signs. Many common small business signs can go up without a permit if they meet set standards, but signs over footpaths, on heritage buildings, illuminated signs and larger signs often need approval. This guide explains how it works, using NSW and Victoria as examples. It's general information, not legal advice.

How signage rules work

Each state and territory has a planning system, and councils apply it locally. Signs are usually treated as a form of development, which means:

• some signs are exempt and need no approval if they meet set standards;
• some need a fast-track approval (in NSW, complying development, which a council or private certifier can approve);
• others need a full development application or planning permit.

The rules are typically stricter for heritage items and heritage areas, residential zones, illuminated and animated signs, and signs near roads.

NSW: the exempt signage code

In NSW, the Advertising and Signage Exempt Development Code, part of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, lets many common signs go up as exempt development. The NSW Department of Planning's fact sheet explains that exempt development is minor building work that doesn't need planning or building approval. It also notes that exempt and complying development can't be carried out on certain land, so check your property's planning controls first.

General requirements

According to the fact sheet, to be exempt development:

• you must have written consent from the owner of the land where the sign will go;
• you need written consent from the owner of adjoining land if the sign will be over that land;
• the road authority must approve it under section 138 of the Roads Act 1993 if any part of the sign will project over a public road, including a footpath;
• the sign must not be on or for restricted premises;
• the sign must not cover mechanical ventilation outlets;
• the sign must not obstruct or interfere with any traffic sign or traffic control device.

All signage must be securely fixed to the building in accordance with the relevant Australian Standards.

Illuminated signs

Illuminated signs must conceal all cables in the frame, must not have animation or moving or flashing images, and must comply with Australian Standards for outdoor lighting. If there are no specified hours of operation, the fact sheet says they can only be illuminated between 7 am and 10 pm. Extra limits apply within 50 m of residential, rural or environmental protection zones.

Number of business signs

The fact sheet says there must not be more than:

• 3 business identification signs to a building with only one commercial tenant;
• 6 signs in total on any building;
• one sign for a home business, home industry or home occupation in a residential zone.

Examples of sign standards

The code sets standards for each sign type. Examples from the fact sheet:

• Fascia signs: not on a heritage item or in a heritage conservation area; one per street frontage; no more than 2.5 m²; mounted flat and protruding no more than 300 mm.
• Top hamper signs (above a display window or door transom): maximum 2.5 m², maximum 600 mm high, with at least 2.1 m clearance above ground.
• Window signs (inside the window): no more than 20% of the window surface or 6 m², whichever is smaller, and not illuminated.
• Temporary event signs: one banner and one other temporary sign per road frontage, maximum 6 m², within the property and no higher than 5 m, with timing rules for commercial events.
• Real estate signs (one to 9 dwellings): one sign per parcel or dwelling, maximum 1.5 m², no higher than 3 m, not externally illuminated.

These are summaries; read the full fact sheet and the policy for all conditions, and check whether the policy has been updated.

Victoria: clause 52.05

In Victoria, signs are controlled through planning schemes. Clause 52.05 of the Victoria Planning Provisions, which appears in each council's planning scheme, sets out sign categories and when a permit is or isn't required for different types of signs, depending on the zone. Business identification signs can be permit-exempt in some zones up to set limits, while other signs need a permit. Check your council's planning scheme and talk to the council's planning department.

Other states and territories

Queensland, South Australia, Western Australia, Tasmania, the ACT and the Northern Territory each have their own systems, and in some places local laws for advertising devices sit alongside planning rules. Your council's website is the best starting point; many have specific guides for business signage.

Signs over footpaths and roads

Signs, A-frames and awnings that project over or stand on footpaths and roads usually involve the road authority, often the council for local roads. In NSW, the fact sheet notes approval under section 138 of the Roads Act 1993 is required if a sign projects over a public road, including a footpath. A-frame signs on footpaths are commonly controlled by council footpath trading or local law permits. Check before putting anything on the footpath.

Heritage areas and shopping centres

Heritage items and conservation areas usually have stricter rules on sign design, size, materials and placement. Shopping centres and strata buildings often have their own signage guidelines and lease conditions, regardless of planning rules. Check both.

Before you order a sign

1. Check your property's zoning and any heritage listing.
2. Read your state's signage rules and your council's guidance.
3. Get written consent from the land owner (and adjoining owners if needed).
4. Check lease conditions or centre guidelines.
5. Confirm whether the sign needs any approval, and allow time for it.
6. Use a sign maker who installs securely to Australian Standards.

If your sign needs approval

If your sign doesn't meet exempt standards, talk to your council's planning team early. Ask what type of approval is needed, what plans and information to provide, how long it typically takes and whether any fees apply. Your sign maker may be able to help prepare drawings.

Keep copies of any approvals and consents with your lease documents.

Key points

• Signage rules are set by each state and applied by councils.
• In NSW, many business signs are exempt if they meet the Advertising and Signage Exempt Development Code.
• Signs over footpaths and roads need road authority approval.
• Heritage areas, illumination and larger signs usually have stricter rules.
• In Victoria, clause 52.05 sets out when signs need a permit.