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.
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.
THE SHIRE'S ROLE
Who approves it, and does it vary by shire?
Your local shire grants both planning approval and building approval. The building 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.
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.
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.
COMMON PITFALLS
Why applications get held up or rejected
Setback breaches
Designs that encroach on the required setback from the front boundary. 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.
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.
Do the right thing and apply for a building permit. Don't try to cheat it.
Frequently asked questions
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.
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.
Book a free onsite consultation