A patio is an open sided structure, enclosed on no more than two sides, with a roof that is impervious to water. A patio may or may not be attached to a dwelling.

What can I build?

Patios can be attached to a dwelling or freestanding and can be constructed from metal or wood. The maximum height of posts for a patio is 2.4m. The maximum roof height for a flat roof patio is 2.7m and a gable roof is 4.2m.

Generally in a residential zone a patios posts can be built up to the boundary with the roof and gutters no closer than 0.5m from the boundary.

On a corner property, a patio must be setback a minimum of 1.5m from the secondary street boundary; this may be reduced with a development application.

You may need to check if an easement exists on your property as generally no permanent structures are to be built over these easements.

Do I need a building permit?

The Building Regulations 2012 states that construction, erection, assembly or placement a freestanding patio with a floor area of 10m2 or less and an overall height of no more than 2.4m does not require a Building Permit.

All patios that are attached to another structure require a Building Permit, regardless of size or height.

How long does it take to get a building permit for a patio?

The Building Act 2011 sets time frames in which the City has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the building application is Uncertified or Certified.

It is important that you are aware of allowed time frames prior to lodging your application and that your application documentation is complete.

Should further information be required by the City in order to assess the building application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless a mutual consent has been granted for a further 21 days.

Uncertified Building Applications (BA2)

An Uncertified Building Application can be submitted for Class 10 structures such as a patio.

The City has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the City as part of the application process.

Certified Building Applications (BA1)

A Certified Building Application can be submitted for all Class of structures.

Prior to lodging a Certified Building Application to the City, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.

The City has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?

A Building Permit is generally valid for two years from the date on which it was granted.

If more time is required to complete the building works, you can apply for an extension of time of up to a further six months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?

The nominated builder on the Building Permit must submit a Notice of Completion BA7 form to the City within seven days of completing the prescribed building works.


If you would like to submit an application to build a patio, you will need to include the following information in your application:

A complete BA1 (certified) or BA2 (uncertified) application form

Including all owner's details, all applicant details, construction materials and costings and a builder's signature.

BA1 and BA2 application forms are available from the City's website, Building and Energy or from the front counter of the City's Administration Centre

A Certificate of Design Compliance (for certified applications only).

This must be issued by a registered Building Surveying Practitioner and include all documentation as referenced on the Certificate of Design Compliance

Payment of fees

Refer to the City's Fees and Charges for full fee details (here).

Building Construction Industry Training Fund (BCITF) levy payment form (for building works greater than $20,000)

Refer to the City's Fees and Charges for details (here) .

Site plan drawn to scale (1:200)

Your site plan must show:

  • Location and dimensions of the proposed patio
  • Location of all existing structures on the property
  • Measurement from the boundaries to the proposed patio
  • Location of any septic tanks and leach drains (if applicable)

Construction details drawn to scale (1:100)

Construction drawings must show:

  • Detailed floor plan and elevations
  • Cross-section details

Structural Engineer's certification

  • Span and material detail
  • Specific and signed engineering required

This information is intended as a guide only. The City disclaims any liability for damages sustained by a person acting on the basis of this information.

For more information please contact the City's building services team on 9273 6000 or email