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Wood fire heaters and hearth fireplaces are not mentioned in the SEPP (Exempt and Complying Development Codes) 2008 as they are not considered exempt development in NSW. Therefore, an approval is required under Section 68 of the Local Government Act 1993 and fireplaces are to be installed in compliance with the Australian Standard.
All new wood fire heaters must also comply with Protection of the Environment Operations (Clean Air) Amendment (Solid Fuel Heaters) Regulation 2022.
As wood fire heaters cannot be considered exempt development, please lodge a Section 68 application through the NSW Planning Portal for approval.
Dos and don'ts of wood heating
To ensure the clean and efficient operation of wood heaters there are several things that you need to be aware of, the EPA provides a helpful list.
EPA Video
Further information on wood heaters and their clean operation can be found here: What you can do about wood smoke pollution (nsw.gov.au)
Nuisance Smoke
If you are concerned that a neighbour is not operating their wood heater correctly and nuisance smoke is being created it is suggested that initially you seek to discuss the matter first with your neighbour as they may not be aware of the nuisance or need advice on operating the heater to ensure cleaner operation.
If attempts at discussion with the neighbour have been made and the matter continues you can contact Council and an Environmental Health Officer will conduct an investigation and if there is evidence that excessive smoke is being produced a Smoke Abatement Notice may be issued.
