Free tool

Patio approval checker

Short answer

A patio attached to the house always needs a building permit. A freestanding one with a solid roof is exempt up to 10 m² and 2.4 m high (20 m² for an open pergola or shade sail). Planning approval is only likely in the front yard, on heritage properties or close to a boundary. Use the checker below for your patio.

Last updated 31 October 2026

Patio approval checker

Up to four quick questions. Takes about 20 seconds.

How the checker decides

A building permit and planning approval are two separate things. The checker works through both.

Your patioBuilding permit?
Attached to the houseYes, any size
Freestanding, solid roof, 10 m² or less and 2.4 m or lowerNo
Open pergola or shade sail with a house, 20 m² or less and 2.4 m or lowerNo
Anything bigger or tallerYes

These exemptions come from the WA Building Regulations, so they are the same at every council. They don't apply in the cyclone wind regions in the north of the state.

Planning approval

Most backyard patios don't need planning approval if they meet the standard rules (the "deemed-to-comply" rules in the R-Codes). The usual reasons a patio needs it are:

  • It sits in the front setback (the front yard).
  • The property is heritage-listed or in a heritage area.
  • It is too close to a side or back boundary. The City of Wanneroo, for example, wants patios 1 m back, but allows posts on the boundary if the patio is no longer than 10 m and no higher than 2.7 m, with the roof 500 mm back.

Rules differ a little between councils, so treat the checker as a guide.

Exempt doesn't mean anything goes

An exempt patio still has to be built to the building code and meet the planning rules. If you later enclose it, it stops being a patio altogether. See the rules for enclosing a patio.

Sources

Questions

Common questions

What size patio can I build without council approval in WA?

A freestanding patio with a solid roof of 10 m² or less and no taller than 2.4 m doesn't need a building permit. An open pergola or shade sail can be up to 20 m². A patio attached to the house needs a permit at any size.

Do all attached patios need a building permit?

Yes. The size exemption only covers freestanding structures, so a patio fixed to the house needs a building permit.

Does a patio need planning approval?

Usually not, if it meets the standard planning rules. It's likely to need it in the front setback, on a heritage property, or too close to a boundary.

Is this checker the final word?

No. It follows the state rules, but councils apply some planning rules differently. Ask us or your council to confirm before you build.

Long lunches start with the right paperwork.

We prepare the plans and forms, lodge with your council and deal with their questions, so your builder can start on time.

P.S. Not sure you even need a permit? Ask anyway. If you don't, we'll tell you, and it costs nothing.

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