Do You Need Council Approval for a Patio in WA? The 2026 Rules

Almost every Perth homeowner asks this before the first quote lands. In WA, two separate approvals sit behind that question, and most patios need at least one. Here’s what applies in 2026.

Do You Need Council Approval for a Patio in WA?

Yes, in most cases. Schedule 4 of the Building Regulations 2012 exempts a patio from a building permit only when it’s freestanding, 10m² or smaller, and under 2.4m high. Attach it to the house and a permit is required regardless of size, as the City of Joondalup’s patio and pergola guide confirms.

Planning Approval and a Building Permit Are Not the Same

Two laws, two questions. A building permit asks whether the structure is safe and meets the Building Code. Planning approval asks whether it suits the site. The WAPC’s R-Codes practice notes confirm a patio meeting the deemed-to-comply standards needs no development approval, unless the property is heritage-protected. The same split governs granny flat council approval in WA.

A building permit and development approval run under separate legislation. Meeting the deemed-to-comply standards of the R-Codes removes the need for development approval, but it does nothing to remove the building permit requirement for a patio attached to the home.

When Is a Patio Exempt from a Building Permit?

The exemptions are narrower than most people expect. They cover small, freestanding, open structures only, and they fall away the moment the patio touches the house. Pergolas get a larger allowance because their roofing is water permeable, which is what separates them from patios.

An exemption isn’t a free pass. The Town of Vincent’s patio information sheet is blunt on this: the Building Code, Australian Standards and local laws still apply. Setbacks hold too, though a patio under 10m long and under 2.7m high can sit on the boundary.

Does Enclosing a Patio Need Approval?

Yes, and this one catches people out. The R-Codes treat a patio as unenclosed, meaning closed on no more than two sides. Enclose it and it becomes a habitable room that no longer counts as open space, which pulls in a building permit and often planning approval too. Plan for it upfront with glass enclosed patios.

How Long Does Patio Approval Take?

The path you choose sets the wait, and that matters if you want the patio up before summer. A certified application arrives with a Certificate of Design Compliance already signed off by a registered building surveyor, so your local government has 10 business days to decide under Building and Energy’s approval framework. Uncertified applications take 25.

The clock only starts once the application is complete and the fee is paid.

Frequently Asked Questions

Can I build a patio without council approval in WA?

Only if it’s freestanding, 10m² or smaller, and no more than 2.4m high. Attach it to the house and you’ll need a building permit regardless of size. You may also need planning approval if the design falls outside the R-Codes deemed-to-comply standards.

What happens if I build a patio without a permit?

Your local government can issue a building order requiring you to modify or remove the structure. Unapproved work also surfaces during a building inspection, which can stall a sale. Retrospective approval is possible, but slower and dearer than doing it upfront.

Do I need approval to replace an existing patio roof?

Replacing like for like on an approved patio usually doesn’t need a new permit. Changing the footprint, the height or the roof material does, because it’s no longer what was approved. Check with your local government before the old sheeting comes off.

Council Approvals? We Handle That.

We prepare and lodge the permit paperwork in-house as part of every build, so you’re not chasing forms. Still choosing a style? Start with gable, flat and skillion patios, or see why custom-built patios suit Perth blocks. Browse the full Perth patio range, then get in touch.