Patio – approval requirements
The Residential Design Codes (R-Codes) define a patio as: ‘An unenclosed structure covered in a water impermeable material which may or may not be attached to a dwelling’.
For structures that have roofing that is permeable to water refer to Pergolas, shade sails and vergolas.
A patio may require development (planning) approval or a building permit prior to be being built.
Planning requirements
A patio on a residential property will require a development (planning) application where it does not meet the requirements of the R-Codes, Residential Development Local Planning Policy (RDLPP), Development in Housing Opportunity Areas Local Planning Policy (HOALPP) or structure plan (if applicable).
Generally, for a single house or grouped dwelling a development (planning) application is not required if your patio complies with the following:
- Open on two or more sides.
- Setback the minimum distance from the street boundary for your R-Code density (see table below).
- Where the total height (to the top of the roof) of the patio is no more than 2.7m and setback from a side or rear boundary:
- Patios up to 10m in length posts to the boundary with the roof/eave 450mm from the boundary; or
- Patios longer than 10m and/or higher than 2.7m, in accordance with the table below.
- Where visible from the street, the patio is of a consistent style with the existing house, and compatible with the area.
- Provides sufficient open space and uncovered outdoor living area for your R-Code density (see table below).
Additional requirements may apply if:
- The finished ground level of the patio is more than 0.5m above natural ground level (e.g. raised decking).
- A boundary wall is proposed (solid wall setback closer than 600mm to a side or rear boundary).
- For higher dual-density properties, the patio is being built over landscaping area or removing trees.
- The property is within a structure plan area.
All patios to multiple dwellings, commercial developments or caravan parks will require a development (planning) application.
Development (planning) approval is required before a building permit can be issued.
| R-Code Density | Minimum uncovered outdoor living area | Minimum open space | Minimum street setback | Minimum side or rear setback** |
| R20 | 20m² | 50% | Street house faces: 3m, with all buildings having an average street setback of 6m.
Other streets (corner property): 1.5m |
Length greater than 10m but the total length of the patio and any attached structures is no more than 14m: 1m
Length more than 14m: 1.5m |
| R20/25* | 20m² | 50% | Street house faces: 4m
Other streets (corner property): 2m |
1m |
| R20/30* | 16m² | 45% | Street house faces: 4m
Other streets (corner property): 2m |
1m |
| R20/40* | 13.3m² | 45% | Street house faces: 4m
Other streets (corner property): 2m |
1m |
| R20/60* | 10.7m² | 40% | Street house faces: 4m
Other streets (corner property): 2m |
1m |
| *For properties with a dual-density code (e.g. R20/40) the requirements only apply if the property is developed at the higher density (e.g., R40). If your property has not been built to the higher density, refer to R20 requirements.
**A boundary wall (where the wall is setback closer than 600mm to a side or rear boundary) may be permitted where it is behind the street setback and meets the length and height requirements of the R-Codes, RDLPP or HOALPP (as applicable). |
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Building permit requirements
A building permit is not required when the patio complies with all of the following:
- The structure is freestanding.
- The structure is no more than 10m².
- The structure is no more than 2.4m in height.
Building permit application forms (certified or uncertified) are available from the Building Commission’s website.
Certified building permit applications must be accompanied with a Certificate of Design Compliance.
Please refer to the City’s Uncertified Building Application Checklist – Patio (Class 10a) for information required to be provided with the building permit application (BA2 form).