Perth patio builders since 2004
Do You Need Council Approval for a Patio in WA?
For most Perth homeowners, the honest answer is yes. Every patio in WA is measured against the same three-condition test — here's exactly how it works, and what happens if you skip it.
Book a free onsite consultationTHE BASICS
The three-box exemption test
A patio in WA is exempt from needing a building permit only if it ticks all three boxes below. Miss even one, and you'll need approval before work starts.
Under 10m²
The patio's footprint has to sit under 10 square metres to stay in exempt territory.
Freestanding
Not attached to the house. An attached patio fails this box automatically, whatever its size — which is why attachment alone is often enough to trigger approval.
Under 2.4m high
The whole structure has to stay under 2.4 metres. Go over on any one box and the exemption no longer applies.
In practice, this test rules out most of the patios homeowners actually want — the majority are either larger than 10m² or built onto the house. That's not a reason to worry, it's simply the starting assumption to plan around. We handle the approval regardless. The exemption also doesn't apply in wind region C or D (WA's cyclone-prone north), whatever the size.
Source: WA Building Regulations 2012 (made under the Building Act 2011).
BUSHFIRE ATTACK LEVEL
Bushfire (BAL) ratings and your patio
Patios and carports are classified as Class 10a structures (non-habitable) under the building code. If your property sits in a bushfire-prone area, your patio's compliance is tied to the Bushfire Attack Level (BAL) rating of your house — based on when the house was built.
Built before 2016
Exempt from needing a BAL report — though the build year still needs to be documented on the certification, so it's worth knowing off the top of your head.
No BAL report required
Built 2016 or later
A copy of the original BAL report from construction is required, because the patio has to comply with the house's existing rating.
BAL report required
One detail worth knowing: our patios are fully steel, with no timber in the structure — fully non-combustible. That doesn't exempt the build from needing the BAL paperwork; the report still has to be produced, even though the compliance itself is straightforward once it is. Some shires also won't allow insulated roof sheets on a patio in a bushfire-prone area, so tell us early if your property is in one.
Source: Building and Energy — building in bushfire-prone areas
THE SHIRE'S ROLE
Who approves it, and does it vary by shire?
Your local shire grants both planning approval and building approval, working from building codes set statewide by Building and Energy, WA's building regulator. The codes themselves are identical across Western Australia — what differs is how individual shires interpret and enforce them. A design that sails through in one shire can get knocked back two suburbs over.
There's no shire portal or online tool homeowners can use to self-check an application's status. The go-to first point of contact for a status update is Patio Factory — though as the property owner, you're always free to call your shire directly yourself.
TWO APPROVALS, NOT ONE
Planning approval vs building permit
They are assessed by different departments of your shire. Planning approval looks at where the structure sits on your block and how it fits the area. The building permit checks that it is safe and meets the building code. Where planning approval applies, it comes first, and it is an addition to the building permit, never a replacement for it.
LESS THAN 1 M FROM THE FENCE
Planning approval required
Always. The assessment also takes longer in the planning department.
AROUND 1.5 M FROM THE FENCE
Usually straight to building
Normally the application goes directly to the building department.
CITY OF SWAN
Planning first, every time
One of the strictest shires. Every application is approved by the planning department first, even a freestanding patio well away from the fence.
Neighbour sign-off.If your patio is less than 1 m from the fence, we usually ask you to take the plans next door and get your neighbour's signature, confirming they accept the size and height. It isn't mandatory and the shire can proceed without it, but with it the shire's assessment typically takes under two weeks.
Heritage areas. A separate heritage department assesses the application instead of the normal planning team, and it can take up to six months.
TIMEFRAMES
Realistic approval timeframes
PLANNING APPROVAL
60–90 days
The statutory window for planning approval, where it's required.
BUILDING APPROVAL — CERTIFIED
~10 working days
The path for the large majority of patio jobs. Some short-staffed shires routinely run past this statutory deadline.
BUILDING APPROVAL — UNCERTIFIED
Up to 25 working days
Where the shire assesses the plans directly rather than through a certifier.
End to end, allow roughly four monthswhere planning approval is needed: 60–90 days in planning, about five working days for certification, then the building assessment. Some applications take up to three months in the planning department alone.
The shire controls the clock. When we chase an application we are told it is in the queue, and nothing more, so a phone call doesn't speed it up. We update you about once a month during the wait and always tell you the moment planning approval comes through, with certification and the building permit as the next steps.
PAPERWORK AND PROCESS
What actually goes into an application
What's included
Every patio application draws on the same core documents, drawn to scale with full colour and material schedules.
TYPICALLY INCLUDES
- Site plan and engineering
- Certificate of Title / strata plan, if strata-titled
- Certificate of Design Compliance
- A Performance Solution Report (fire engineer) if close to a boundary
What we handle vs what you organise
You supply the essentials. We handle everything else, from drafting to lodging to follow-up.
YOUR SIDE
- A signed quotation
- A simple aerial photo of your property with a rough sketch of where the patio should go
Everything else is on us.
A small number of shires also require every existing tree and shrub on the property to be plotted on the plans, with trunk diameter, height, canopy spread and botanical species recorded. It's an unusual requirement, but one we're used to working through.
Why every application is certified. Every Patio Factory application goes through a certified engineer before it reaches the building department, which checks setbacks and fire separation up front. Shires have started asking more questions on uncertified applications, including requests for soil and wind reports, so certifying first means fewer questions and a faster decision. We use an independent approvals specialist and their engineer for this.
Costs. Shire and certification charges are separate from the patio price. As a guide, planning applications are around $141, building permits are in the $170 range, and certification is about $250. Exact figures vary slightly between shires, and drawings by a drafter are a separate cost.
Can I do it myself?You can lodge your own application, and we don't earn money from the approval process, since it is a shire requirement. But you'll need a drafter and a certified engineer, which most homeowners find complicated. If you use another builder, your details go on the application instead and we aren't responsible for the build.
Builder registration. Since 1 July 2026, building a patio or other Class 10a structure valued under $50,000 no longer requires a registered building contractor in WA (previously $20,000). A building permit is still required.
COMMON PITFALLS
Why applications get held up or rejected
Setback breaches
Designs that encroach on the required setback from the front boundary, set by the WAPC's Residential Design Codes. The shire has final discretion here, regardless of how the design is pitched.
Building over an easement
An underground no-build zone protecting buried services like sewer or stormwater lines. Most shires won't approve construction over the top of one.
Too much of the block covered
Shires can ask for a smaller patio when too much of the block is roofed. One recent request also required skylights, because a large patio left too little sunlight reaching the windows.
Unapproved structures already on the block
A shire can hold up a new patio until an older, unapproved structure is dealt with. If you hold a building permit for it, you'll need to supply it to the shire.
Source: Department of Planning, Lands and Heritage — Residential Design Codes
RISK AND REASSURANCE
What happens if you skip approval
If a patio is built without approval, the shire can issue an order to have it removed — usually triggered by a neighbour's complaint rather than proactive enforcement.
The bigger risk is insurance: if an unapproved structure contributes to a fire spreading to a neighbouring property, your insurance will not cover that damage. Owning the property doesn't give you the right to build whatever you like on it — a building permit is a legal requirement, not an optional courtesy to the council.
Building differently to what was approved counts too. One of our patios was approved at 2.6 m, then the customer asked for 3.5 m. Within days a neighbour complained to the shire, and we had to cut the patio down and reinstall it at the approved height.
Do the right thing and apply for a building permit. Don't try to cheat it.
Frequently asked questions
Does every patio in WA need council approval?
Most do. A patio is only exempt if it's under 10m², freestanding, and under 2.4m high — all three, not just one or two. Miss any one of them and you'll need a building permit.
Does a bushfire-prone rating affect my patio even if it’s built from steel?
Yes. Non-combustible materials make compliance straightforward, but the paperwork — including a BAL report if your house was built 2016 or later — is still required.
What's the single biggest reason patio applications get rejected?
Designs that breach the required front setback, followed by structures proposed over an easement — an underground no-build zone protecting buried services like sewer or stormwater lines.
What happens if I just build without approval?
The shire can order the structure removed, and — more importantly — your insurance won't cover fire damage that spreads from an unapproved structure to a neighbouring property.
How long does patio council approval take in Perth?
Allow roughly four months where planning approval is needed: 60–90 days in planning, about five working days for certification, then around 10 working days for a certified building application. Heritage areas can take up to six months.
Do I need my neighbour’s signature?
Not legally, and the shire can proceed without it. But if your patio is less than 1 m from the fence it is worth getting, because the shire’s assessment then typically takes under two weeks.
Who applies for approval, me or Patio Factory?
We do when we build your patio. You can apply yourself, but you’ll need a drafter and a certified engineer, which most homeowners find complicated.
Do I need a registered builder for a patio?
Not for a patio valued under $50,000. Since 1 July 2026 the threshold for Class 10a structures rose from $20,000 to $50,000. A building permit is still required.
Can I still get a patio built before Christmas?
Only if the job doesn’t need council approval, and even then it isn’t guaranteed because of our installation backlog. About 99% of applications do need approval, so start early.
RELATED READING
Go deeper on council approval
Real cases from our approvals desk
Neighbour sign-off, height changes, heritage areas and the wait: what actually slows a patio application down, and how to keep yours moving.
Carport setbacks in Perth: 6 m, 3 m and 2 m
How far back a carport must sit from the street, the 9 m rule of thumb, small blocks and why street precedent matters.
Don't worry about the shire approval. We'll take care of it for you.
Building a carport instead? Our carport shire approval guide covers the extra rules that apply specifically to carports. Or see how we manage the whole approval process, step by step.
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