In this guide, we’ll answer the big question: Do you need council approval for a patio? (Spoiler: Yes, in most cases.) We’ll break down the steps for obtaining a building permit and, if needed, planning approval, ensuring you can build with confidence.
Council Approval for Patios: The Basics
In Perth, patios fall under Class 10a structures as defined by the Building Code of Australia, meaning a building permit is almost always required before construction begins. But there’s more—if your patio doesn’t align with the Residential Design Codes (R-Codes), you’ll also need planning approval. Here’s the difference:
- Building permit: Ensures your patio is structurally safe and meets construction standards.
- Planning approval: Confirms your patio fits within local zoning and design regulations.
Let’s explore when and why each is required.
Building Permit: A Must for Most Patios
A building permit is a non-negotiable step for nearly all patio projects in Perth, regardless of size. Here’s why:
- Safety first: The permit verifies your patio complies with the Building Code of Australia, ensuring it’s sturdy and secure.
- Size and height rules: Patios larger than 10 square meters or taller than 2.4 meters (from ground to roof peak) always need a permit.
- Attached structures: Even small patios connected to your home require a permit for safe integration.
Even patios under 10 square meters or 2.4 meters high often need a permit unless your local council explicitly exempts them (which is rare). To avoid surprises like fines or demolition orders, confirm with your council before starting.
How to Get a Building Permit
- Contact your local council: Each area (e.g., City of Joondalup, City of Wanneroo) has specific rules—start here.
- Prepare your plans: You’ll need:
- Site plans
- Floor plans
- Elevation drawings
- Engineering details
- Materials list
- Submit the application: File it with your council or a private building certifier.
- Wait for approval: Expect 2-4 weeks for processing.
At Perthdrafting.com.au, we craft precise, council-ready plans to streamline this process for you.
Common Patio Setback Rules To Comply With
Patio Setbacks
Unless stated by the local council. The required setback of a patio is determined by its height and length and that of the existing dwelling, in accordance with Tables 2a and 2b of the R-Codes Part B, or Table 3.4a and Table 3.4b of the R-Codes Part C.
- Side Boundary Setbacks:
- Patios up to 14 meters long need a 1-meter setback from the side boundary to the posts.
- Patios longer than 14 meters require a 1.5-meter setback to the posts.
- Secondary Street Setbacks: If your patio faces a secondary street (e.g., a side road), it must be set back 1.5 meters from the boundary, regardless of length.
- Primary Street Setbacks: Patios can be set back half the required front setback for your zoning. For example:
- R20 lots: 3 meters from the front boundary (half of the standard 6-meter setback).
- R30 lots: 2 meters (half of the 4-meter setback).
Note: If the patio is more than 10m or 2.7m in height, the setback “length” includes any adjacent structures, like the existing house, so measure carefully! See R codes 5.1.3
Exceptions and Projections
- Boundary Option: Your patio’s posts can sit on the boundary with the roof, eaves, and gutters set back at least 500mm if:
- It’s 10 meters or less in length and 2.7 meters or less in height.
- It’s located behind the primary street setback (e.g., not in the front yard).
Fire Safety Setbacks (Building Code of Australia)
The BCA adds fire separation requirements under Section 3.7.7 (Volume Two):
- 900mm from the patio roof to a side or rear boundary.
- 900mm between a standalone patio and your dwelling.
Check the Australian Building Codes Board website for full details, as these can vary based on your property’s layout.
Patio Open Space Requirements
| Zoning | Min Uncovered Outdoor Living Area | Min Open Space |
|---|---|---|
| R10 | No minimum | 60%* |
| R12.5 | No minimum | 55%* |
| R20 / R25 | 20m² | 50%* |
| R30 | 16m² | 45%* |
| R40 | 13.3m² | 45%* |
| R50 / R60 | 10.7m² | 40%* |
| R80 | 10.7m² | 30%* |
When Do Setbacks Trigger Planning Approval?
If your patio doesn’t meet these setback standards (e.g., it’s only 0.5 meters from a side boundary instead of 1 meter), it fails the R-Codes’ “deemed-to-comply” provisions. This means you’ll need planning approval before applying for a building permit. Variations like Local Development Plans or Structure Plans (common in areas like Joondalup or Wanneroo) might impose stricter rules, so always consult your local council for site-specific advice.
Planning Approval: When R-Codes Come Into Play
If your patio doesn’t meet the R-Codes’ “deemed-to-comply” standards or local council policys, you’ll need planning approval before applying for a building permit. The R-Codes dictate residential design rules, and stepping outside them triggers a deeper council review.
When Do You Need Planning Approval?
Planning approval is required if your patio:
- Exceeds site coverage limits (e.g., takes up too much of your lot).
- Violates setback rules (e.g., less than 1 meter from side/rear boundaries).
- Impacts landscaping or involves tree removal.
- Falls in a special zoning area or under a local development plan.
Height note: A patio over 2.4 meters always needs a building permit for safety checks, but it only requires planning approval if it breaches R-Code height rules (e.g., causes overshadowing). Recent updates allow some patios up to 2.7 meters with nil setbacks, but exceeding deemed-to-comply limits still means planning review.
How to Get Planning Approval
- Assess compliance: Compare your design to R-Code standards.
- File a development application: Submit:
- Site plans
- Elevation drawings
- Explanation of non-compliance
- Council review: Takes 60-90 days, depending on the project.
- Outcome: Approval lets you move to the building permit stage; rejection means tweaking your plans.
Our team at Perthdrafting.com.au can evaluate your patio design and manage this process from start to finish.
Why Skipping Approvals Isn’t Worth It
Building without council approval might save time upfront, but it’s a costly risk:
- Fines up to $100,000 under Western Australia’s planning laws.
- Demolition orders forcing you to tear down your patio.
- Property sale headaches: Unapproved structures must be disclosed, potentially lowering your home’s value.
Proper approvals keep your patio legal, safe, and a valuable addition to your property.
How We Can Help
At Perthdrafting.com.au, we simplify the patio approval process. Our expertise includes:
- Drafting detailed, compliant plans for building permits and planning approvals.
- Handling submissions to councils across Perth, from Joondalup to Wanneroo.
- Ensuring your design meets R-Codes and local policies.
Let us take the stress off your shoulders so you can enjoy your patio sooner!
FAQs: Patio Approvals in Perth
Do I need a building permit for a small patio?
Yes, most patios require a building permit, even if under 10 square meters or 2.4 meters high. Exemptions are uncommon, so always check with your council.
What happens if I build a patio without council approval?
You could face fines up to $100,000, orders to demolish the structure, and issues when selling your home. Compliance is the smarter choice.
How long does council approval take for a patio?
A building permit typically takes 2-4 weeks, while planning approval can take 60-90 days if R-Codes aren’t met. Plan ahead to avoid delays.
What council approval do i need for a patio?
You will need a building approval and you may need planning approval if your plan does not comply with the R codes or local policies.
For building approval you will need a siteplan, elevations, sections, floorplan and engineering documentation as well as a BA2 form.
