Do you need council approval to build a Patio?

As you plan to enhance your outdoor living space with a stylish and functional patio, understanding local regulations and building codes is crucial to ensuring a smooth construction process. One key concern that often arises is whether council approval is necessary for such projects.

In this blog, we will discuss where council approval may be required and the process, and highlight important factors to consider on why you need council approval. Let’s dive in.


Do I need a building permit to build a patio?

Yes, you typically do. This is all thanks to the Building Code of Australia and local council rules that want to make sure every structure is safe and sturdy.

But keep in mind, this can change depending on where you live and how big your patio will be. So, it’s always smart to chat with your local government council or a building pro before you start your project. We know getting a permit might seem like a bit of a challenge, but it’s essential for making sure your patio is both safe and above board.

Why do I need council approval to build a patio?

Securing a council permit or approval for building a patio is crucial for several reasons, all of which contribute to ensuring a safe and legally compliant addition to your property.

Compliance with the Australian Building Code

Council approval ensures that your patio, deck, or carport meets the same building regulations set forth by the Australian Building Code. This means that a qualified town planner has reviewed and approved your planning approval (also known as development approval) and documentation, certifying that your new structure is built according to legal and planning requirements.

Elimination of Unlicensed Builders

Obtaining council approval helps to prevent unlicensed builders from working on your project. This guarantees that only qualified professionals will be involved in constructing your patio, ensuring it is built safely and properly.

Protection during Property Sales

When selling your property, it’s important to be aware of potential liabilities associated with structures that lack council approval. Failure to secure approval can result in liability for the property owner, even 10 years or more after the sale. By obtaining council approval for your patio, you can avoid such issues and ensure a smooth transaction when selling your home.

What is the council approval process?

Navigating the council approval process for constructing a patio can be complex, as each local council has its own set of rules and procedures. However, all councils follow the same basic principles, making it easier to understand the steps involved. Here is an outline of the general council approval process:

Step 1: Contact your local city council

Begin by reaching out to your local city council to obtain information on specific regulations and requirements for your area. This will ensure that you are aware of any unique guidelines or restrictions that may apply to your patio project.

Step 2: Hire a professional patio builder

A professional patio builder can provide invaluable assistance in drafting site plans and submitting your building application. Their expertise in navigating the approval process can help streamline the procedure and improve your chances of success.

Step 3: Obtain a certificate of approval from a building certifier

Once your application has been submitted, seek approval from a building certifier who will review your plans and documentation. If everything meets the required standards, they will issue a certificate of approval, indicating that your project has been given the green light.

Step 4: Commence building

With council approvals confirmed, you are now free to begin constructing your patio. Ensure that you adhere to the approved plans and any conditions imposed by the council to maintain compliance throughout the building process.

By following these steps and working closely with your local council and a professional patio builder, you can successfully navigate the council approval process and bring your dream patio to life. However, with Apollo Patios, you don’t need to worry about council approvals as we take care of it for you.


What are the consequences of not seeking council approval for my new patio?

Certainly, neglecting to seek council approval for your new patio can lead to a multitude of serious consequences. Here are five you should consider:

  1. Legal complications: Building without a permit is against the law and could lead to fines or legal action from your local council. If a neighbour complains about your unapproved construction, the council may even order its demolition.
  2. Insurance issues: Unapproved structures may not be covered by your home insurance. If an accident occurs or weather damage ensues, you might have to cover the costs out of pocket.
  3. Difficulty selling your property: Potential buyers or their solicitors often check if all structures on a property have the necessary approvals. An unpermitted patio could lower your property value, delay the sale, or cause the deal to fall through.
  4. Safety risks: Council approvals ensure that structures meet safety standards. An unapproved patio may pose safety risks due to subpar construction or materials, potentially leading to accidents or injuries.
  5. Future renovation complications: If you plan to renovate or extend in the future, having an unapproved structure could complicate the approval process for these projects, causing delays and additional costs.



How close to the property line can I build a patio?

The standard setback from the property’s side or rear boundary for patios is 1.5m; however, this may require a planning relaxation and could vary depending on your local council’s regulations. It is important to check with your local council before starting any construction work.

Are there cases where building approval is not provided to build a patio?

Building approval can be denied for a variety of reasons, such as inadequate plans and documents or insufficient building space. It is important to consider all the requirements before submitting your application to ensure that it meets the necessary standards.

Does every state require council approval for a patio?

Yes, all states require council approval for patios unless the project meets certain criteria. Make sure to check the specific regulations in your local area and consult a professional to ensure compliance.

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