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Permits and thresholds

The heights, areas and dollar figures that trigger a building permit or development approval for landscaping work in Western Australia, with the primary source for each.

Everything on this page was checked on 2 August 2026. WA rules move — the sources are linked so you can confirm anything that matters before you act on it.

Two different approvals sit over landscaping work in Western Australia, from two different Acts, decided by two different parts of the council. A building permit comes from the Building Act 2011 and asks whether the thing is structurally safe. A development approval comes from your local planning scheme, through the deemed provisions in the Planning and Development (Local Planning Schemes) Regulations 2015, and asks whether it belongs there. You can need one, both or neither. Working out you need the second one only after you have the first is the classic way to lose six weeks.

The table below is where to start. It is not where to finish — see what actually varies at the bottom.

The table

Read every row as: exempt only if every condition is met. Miss one and you are back in the permit system.

Element No building permit needed if… No development approval needed if…
Retaining wall Retains ground no more than 0.5 m, AND is not associated with other building work or with protecting adjoining land, AND does not trigger Building Act ss 76–79 (encroachment, adverse effect on other land) Meets R-Codes cl 5.3.7: setback from the boundary at least equal to wall height (Table 4), and no more than 0.5 m above or below natural ground level forward of the street setback
Shed, garage, carport (Class 10a) Freestanding, floor area ≤ 10 m², height ≤ 2.4 m, not in wind region C or D Meets R-Codes cl 5.4.3: small outbuilding ≤ 10 m² and 2.7 m wall height, one per site, ≤ 2 boundary walls, outside street setback areas; or large/multiple ≤ 60 m² or 10% of site area (whichever is less), 2.4 m walls, 4.2 m ridge
Patio (roofed, impervious) Same as Class 10a above — so in practice only if freestanding and under 10 m². Any patio attached to the house needs a permit regardless of size Meets R-Codes cl 5.1.3 C3.1(ii): nil boundary setback to posts allowed where ≤ 10 m long, ≤ 2.7 m high, behind the primary street setback, with eaves/gutters/roof ≥ 450 mm off the boundary
Pergola Associated with a Class 1 building, ≤ 2.4 m high, ≤ 20 m², not in wind region C or D — and it must have no roof (open weave permeable covering only) Same nil-setback rule as patios
Deck No state exemption exists. Assume a permit is required and ask your council what it applies in practice Meets the R-Codes; a deck 500 mm or more above natural ground level also engages visual privacy provisions
Fence or screen Built in accordance with your council’s fencing local law (made under Local Government Act s 9.60). If the district has no such local law: masonry ≤ 0.75 m, other materials ≤ 1.8 m Meets the R-Codes street wall and fence provisions for your R-coding
Swimming pool or spa Never — all pools and spas need building approval Exempt under cl 61 item 8 unless heritage-protected
Pool barrier A pool barrier is a “fence” for Schedule 4 purposes, so the fencing local law route can apply — but the barrier must comply with reg 50A and AS 1926.1 either way, and many councils assess it with the pool permit As above
Water tank Capacity 5,000 L or less Check your scheme — tanks are not in the cl 61 item 7 list
Mast, antenna, similar ≤ 3 m freestanding, or ≤ 2 m above the point of attachment to a building Check your scheme

Everything in the first column comes from Schedule 4 clause 2 of the Building Regulations 2012; everything in the second from clause 61 of the deemed provisions plus the R-Codes.

The pergola trap

The word means two different things in the two systems. The Building Regulations define a pergola as “an open structure that does not have a roof but may have a covering of open weave permeable material”. The R-Codes define it as an open-framed structure covered in water-permeable material or operable louvred roofing.

So the louvred-roof structure your supplier calls a pergola is a pergola for planning, and a patio for the building permit — which means the 20 m² exemption does not apply to it and the 10 m² freestanding one does. This catches people every season.

What changed on 1 July 2026

Construction of Class 10a buildings valued under $50,000 no longer has to be done by a registered building contractor, and a homeowner can build one without owner-builder approval. Class 10a covers garages, carports, sheds and — in WA specifically — patios.

What did not change: building permit requirements, the building standards themselves, and the $20,000 threshold for all other building work. A retaining wall is Class 10b, not 10a, so none of this touches it.

The other 1 July 2026 change worth knowing: the CTF levy threshold rose from $20,000 to $100,000, at an unchanged 0.2% of construction value. Most single-structure landscape jobs now fall outside it.

Money that rides along with the permit

Item Rate
Certified building permit (Class 1 or 10) 0.19% of value, min $121
Uncertified building permit 0.32% of value, min $121
Building Services Levy $61.65 up to $45,000; 0.137% above
Building Services Levy — unauthorised work $123.30 or 0.274%
CTF levy (projects $100,000+) 0.2% of construction value

Note the levy doubling. Retrospective approval of work built without a permit is the most expensive way to buy a patio.

What actually varies by council

Four things genuinely differ between local governments, and no state page can answer them for you:

  1. Fence heights and materials. Under the Dividing Fences Act 1961 a “sufficient fence” is the fence prescribed by the relevant local government’s local law. There is no Perth-wide number. The City of Joondalup, for example, sets dividing fences at 1800 mm and solid street walls at 1.2 m within 6 m of the boundary at R20 — but that is Joondalup’s local law and its own policy, not a state rule.
  2. Decks. With no state exemption, each council decides its own practical threshold. Joondalup requires a permit above 20 m², above 500 mm high, within 900 mm of a boundary, in a bushfire prone area, or with privacy screens. Yours may be different.
  3. Local planning policies. A council can modify the R-Codes outbuilding and street setback clauses through a local planning policy without state approval, so the deemed-to-comply figures above may not be the ones applied to your lot.
  4. Bonds, fees and lodgement. The City of Wanneroo, for instance, charges a $130 non-refundable street and verge administration fee plus a $2,000 refundable bond once works reach $20,000. Nobody else has to match that.

How to get your own answer

Find your council in the WALGA directory, then email building services — not planning, they will forward it — with four things: a sketch with dimensions, the height above natural ground level, the distance to each boundary, and your lot’s R-coding. Ask two explicit questions: does this need a building permit, and does it need development approval. Keep the reply.

An email costs you a day. Building without a permit is an offence under Building Act section 9, carrying $50,000 for a first offence, and section 112 lets a permit authority order the thing demolished.

The rules, with sources

  • A building permit is not required for a freestanding Class 10a building with a floor area not exceeding 10 m², no more than 2.4 m in height, and not located in wind region C or D as defined in AS 1170.2. All three conditions must be met.

    Building Regulations 2012 (WA), Schedule 4 clause 2, item 1 ↗ · checked 2 Aug 2026

  • A building permit is not required for a fence, screen or similar structure — other than a fall prevention barrier — if it is built in accordance with a local law made under section 9.60 of the Local Government Act 1995 applying in that district. Where the district has no such local law, the exemption applies to masonry no more than 0.75 m high and other materials no more than 1.8 m high, outside wind regions C and D. For this clause, "fence" includes a fence that is, or is part of, a pool barrier.

    Building Regulations 2012 (WA), Schedule 4 clause 2, item 4 and definitions ↗ · checked 2 Aug 2026

  • A building permit is not required for a retaining wall that retains ground no more than 0.5 m in height, is not associated with other building work or with the protection of land adjoining the land it is on, and is not work of a kind to which Building Act 2011 sections 76, 77, 78 or 79 relates.

    Building Regulations 2012 (WA), Schedule 4 clause 2, item 6 ↗ · checked 2 Aug 2026

  • A building permit is not required for a pergola associated with a Class 1 building that is no more than 2.4 m in height, covers an area not exceeding 20 m², and is not in wind region C or D. For this clause a pergola means an open structure that does not have a roof but may have a covering of open weave permeable material — narrower than the R-Codes definition, which also allows operable louvred roofing.

    Building Regulations 2012 (WA), Schedule 4 clause 2, item 7 and definitions; Residential Design Codes Volume 1 Appendix A1 ↗ · checked 2 Aug 2026

  • A building permit is not required for a water storage tank with a capacity of 5,000 L or less, or for a mast, antenna or similar structure no more than 3 m high if freestanding, or no more than 2 m above its highest point of attachment if fixed to a building, outside wind regions C and D.

    Building Regulations 2012 (WA), Schedule 4 clause 2, items 5 and 8 ↗ · checked 2 Aug 2026

  • Schedule 4 clause 2 of the Building Regulations 2012 contains no exemption for decks. A deck that is building work therefore requires a building permit unless it falls within the general repair and maintenance exemption in item 2.

    Building Regulations 2012 (WA), Schedule 4 clause 2 ↗ · checked 2 Aug 2026

  • Each owner and occupier of premises with a private swimming pool containing water more than 300 mm deep must ensure a compliant pool barrier is installed, with a penalty of $5,000. A private swimming pool is one associated with a Class 1a building (or fewer than 30 sole-occupancy units in a Class 2 building, or a Class 4 part) with the capacity to contain water more than 300 mm deep; it includes a spa-pool but not a spa-bath.

    Building Regulations 2012 (WA), regulations 48–50A and regulation 3 definitions ↗ · checked 2 Aug 2026

  • The local government must arrange an inspection of a private pool barrier within 30 days of being notified the work is complete, then at intervals of no more than 4 years — or within 60 days if the previous inspection found non-compliance.

    Building Regulations 2012 (WA), regulation 53 ↗ · checked 2 Aug 2026

  • Development approval is not required for the erection or installation of, or alterations or additions to, an outbuilding, boundary wall or fence, patio, pergola, verandah, deck, garage or carport on the same lot as a single house or grouped dwelling, provided the R-Codes apply, the works comply with the deemed-to-comply provisions of the R-Codes, and the works are not in a heritage-protected place.

    Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 clause 61, Table item 7 ↗ · checked 2 Aug 2026

  • R-Codes deemed-to-comply for outbuildings (clause 5.4.3 C3): a small outbuilding is one per dwelling site, no more than two boundary walls, not exceeding 10 m² in area and 2.7 m wall height, outside the primary and secondary street setback areas. Large and multiple outbuildings must not exceed 60 m² or 10 per cent of site area in aggregate, whichever is lesser, with wall height no more than 2.4 m and ridge height no more than 4.2 m, set back per Table 2a and outside the street setback areas.

    Residential Design Codes Volume 1, Version 3 (10 April 2026), clause 5.4.3 ↗ · checked 2 Aug 2026

  • R-Codes clause 5.1.3 C3.1(ii): for carports, patios, verandahs or equivalent structures the lot boundary setback may be reduced to nil to the posts where the structure is not more than 10 m in length and 2.7 m in height, is located behind the primary street setback, and has eaves, gutters and roofs set back at least 450 mm from the lot boundary. Pillars and posts 450 mm by 450 mm or less do not constitute a boundary wall.

    Residential Design Codes Volume 1, Version 3 (10 April 2026), clause 5.1.3 ↗ · checked 2 Aug 2026

  • R-Codes clause 5.3.7: retaining walls, fill and excavation between the street boundary and the street setback must not be more than 0.5 m above or below natural ground level. Behind the street setback, Table 4 requires a setback from the lot boundary equal to the height of the works — 0 m for 0.5 m or less, 1 m for 1 m, up to 3 m for 3 m — measured from natural ground level at the boundary. All excavation or fill within 1 m of a lot boundary is limited to 0.5 m above natural ground level at that boundary.

    Residential Design Codes Volume 1, Version 3 (10 April 2026), clause 5.3.7 and Table 4 ↗ · checked 2 Aug 2026

  • From 1 July 2026, construction of Class 10a buildings valued at less than $50,000 does not need to be carried out by a registered building contractor in Western Australia, and a homeowner may build one without owner-builder approval. Building permit requirements for Class 10a buildings are unchanged. Roofed outdoor areas commonly called patios in WA are Class 10a buildings. Other building work valued at $20,000 or more and requiring a building permit must still be carried out by a registered builder.

    Building and Energy — Building or renovating your home; Builders' registration (page last updated 10 July 2026) ↗ · checked 2 Aug 2026

  • Doing building work without a building permit is an offence under Building Act 2011 section 9: a fine of $50,000 for a first offence, $75,000 for a second, and $100,000 plus 12 months imprisonment for a third or subsequent offence.

    Building Act 2011 (WA), section 9 ↗ · checked 2 Aug 2026

  • Building permit application fees are 0.19% of the estimated value of the work for a certified Class 1 or Class 10 application and 0.32% for an uncertified application, each with a minimum of $121. The Building Services Levy is $61.65 for work valued at $45,000 or less and 0.137% of the value above that; for an occupancy permit for unauthorised work it doubles to $123.30 or 0.274%.

    Building and Energy — Building approvals (page last updated 23 July 2026) ↗ · checked 2 Aug 2026

  • The Construction Training Fund levy is 0.2% of the estimated value of construction. From 1 July 2026 the threshold at which it becomes payable rose from $20,000 to $100,000. Soft landscaping is excluded from the calculation.

    Construction Training Fund — An introduction to the CTF Levy ↗ · checked 2 Aug 2026

Sources and further reading

  • Freegovernment20 min for Schedule 4Perth / WA

    Building Regulations 2012 (WA) — Schedule 4

    Parliamentary Counsel's Office, Government of Western Australia

    Why this oneSchedule 4 clause 2 is the legally operative list of building work that does not require a building permit, and it is short enough to read in full. Every exemption in the table on this page comes from it. Download the HTML or Word version from this landing page and search for "retaining wall", "pergola" and "fence" — the definitions immediately above the table do as much work as the items themselves.

    Change this for Perth

    Check the currency date before you rely on it. The version behind this page when checked was 04-ae0-01, current at 23 July 2026 (amended by SL 2026/151, in operation 23 July 2026).

    Link checked 2 Aug 2026

  • Freegovernment20 minPerth / WA

    Building or renovating your home — Class 10a changes

    Building and Energy, Department of Local Government, Industry Regulation and Safety

    Why this oneThe regulator's own explanation of the 1 July 2026 Class 10a change, and the only page that states all three consequences together: no registered building contractor needed under $50,000, no owner-builder approval needed under $50,000, and building permit requirements completely unchanged. It also confirms that WA patios are Class 10a buildings, which is what makes the concession relevant to landscapers at all.

    Link checked 2 Aug 2026

  • Freegovernment10 minPerth / WA

    Builders' registration

    Building Services Board / Building and Energy

    Why this oneBoth registration thresholds stated on one page — $50,000 or more for Class 10a work, $20,000 or more for other building work — and the qualifier everybody forgets, that they only bite where a building permit is required and the work sits inside the Building Services Board's area. Page last updated 10 July 2026, after the change took effect.

    Link checked 2 Aug 2026

  • Freegovernment20 minPerth / WA

    Building approvals — forms, fees and classifications

    Building and Energy, Department of Local Government, Industry Regulation and Safety

    Why this oneWhere the BA1, BA2 and BA5 forms live, plus the current fee table and Building Services Levy rates you need to budget the approval itself. It also gives the NCC classification definitions, which is how you work out whether the thing you are building is Class 10a (garage, carport, shed, patio) or Class 10b (fence, retaining wall, pool) — a distinction that now decides who is allowed to build it.

    Link checked 2 Aug 2026

  • Freestandard60 min for the relevant clausesPerth / WA

    Residential Design Codes Volume 1, Version 3

    Western Australian Planning Commission / Department of Planning, Lands and Heritage

    Why this oneThe deemed-to-comply numbers that decide the planning half of every row in the table. Read clause 5.1.3 C3.1(ii) for the nil-setback allowance for patios and carports, 5.2.1 for garage and carport street setbacks, 5.3.7 and Table 4 for retaining walls and site works, and 5.4.3 for outbuildings. Appendix A1 carries the definitions of patio, pergola and outbuilding.

    Change this for Perth

    Version 3, published 10 April 2026. Part B applies to single houses coded R40 and below; denser codings use Part C, which has different outbuilding numbers. Your local government can also modify the outbuilding and street setback clauses through a local planning policy.

    Link checked 2 Aug 2026

  • Freegovernment20 minPerth / WA

    Planning and Development (Local Planning Schemes) Regulations 2015 — Schedule 2 clause 61

    Parliamentary Counsel's Office, Government of Western Australia

    Why this oneClause 61 of the deemed provisions is the table that says when development approval is not required. Item 7 is the one landscapers need: outbuildings, boundary walls and fences, patios, pergolas, verandahs, decks, garages and carports on the same lot as a single house or grouped dwelling are exempt if the R-Codes apply, the works meet the deemed-to-comply provisions, and the place is not heritage-protected. Item 8 exempts swimming pools and shade sails on the same test minus the R-Codes limb.

    Change this for Perth

    Currency date 3 November 2024 when checked. These are the deemed provisions — they apply through your local scheme, and your scheme or a local planning policy can still add requirements around them.

    Link checked 2 Aug 2026

  • Freegovernment20 minPerth / WA

    Swimming pool and spa safety barrier requirements

    Building and Energy, Department of Local Government, Industry Regulation and Safety

    Why this oneThe plain-English version of Building Regulations Part 8 Division 2. It confirms the 300 mm water depth trigger, which standard applies to which vintage of pool (AS 1926.1-2012 and AS 1926.2-2007 for pools from May 2016, AS 1926.1-1993 for older ones), the maximum four-year interval between council inspections, and that all pools and spas need building approval.

    Link checked 2 Aug 2026

  • Freegovernment15 minPerth / WA

    Dividing fences

    Department of Energy, Mines, Industry Regulation and Safety

    Why this oneThe state guide to the Dividing Fences Act 1961, which is the answer to who pays rather than what height is allowed. It is explicit that a sufficient fence is the fence prescribed by the relevant local government's local law, which is exactly why there is no single fence height for Perth and why this reference page cannot give you one.

    Link checked 2 Aug 2026

  • Freearticle10 minPerth / WA

    Decks — residential building and renovation guide

    City of Joondalup

    Why this oneDecks are the one landscape structure the Building Regulations exemptions do not mention at all, so councils fill the gap themselves. Joondalup publishes its triggers plainly — over 20 m², higher than 500 mm, closer than 900 mm to a boundary, in a bushfire prone area, or with privacy screens — which is the clearest published example of how a Perth council actually decides.

    Change this for Perth

    One council's interpretation and its own thresholds, not state law. Use it to understand the shape of the question, then get your own council's answer in writing.

    Link checked 2 Aug 2026

  • Freegovernment10 minPerth / WA

    Patios — information sheet

    City of Wanneroo

    Why this oneStates the trap in one sentence: a freestanding patio of 10 m² or less and no more than 2.4 m high needs no building permit, but every patio attached to another building needs one regardless of size or height. It also treats gazebo and thatch structures as patios, which catches a lot of people buying a kit online.

    Change this for Perth

    Wanneroo's application of the state exemption. The attachment rule follows from Schedule 4 item 1 requiring the building to be freestanding, so it is not really local — but the way it is applied to gazebos and thatch may be.

    Link checked 2 Aug 2026

  • Freegovernment10 minPerth / WA

    Retaining wall — information sheet

    City of Wanneroo

    Why this oneThe clearest statement of how the 500 mm threshold is applied to real walls: a permit is required where a wall exceeds 500 mm, where you are adding to an existing wall, and where tiered walls exceed 500 mm in total. It also confirms structural engineer's details are always required for a retaining wall application, and prices the street and verge bond ($130 non-refundable administration fee, plus a $2,000 refundable bond once works reach $20,000).

    Change this for Perth

    The bond and the fee schedule are Wanneroo's. The tiered-wall reading is common practice but is not written into Schedule 4, so confirm it with your own council.

    Link checked 2 Aug 2026

  • Freegovernment10 minPerth / WA

    An introduction to the CTF Levy

    Construction Training Fund

    Why this oneConfirms the levy is 0.2% of the estimated value of construction and that the threshold rose from $20,000 to $100,000 on 1 July 2026, which takes most single-structure landscape jobs out of it entirely. It also confirms soft landscaping is excluded from the calculation.

    Change this for Perth

    The old $20,000 threshold still applies where construction commenced before 1 July 2026. Calculate on total project value, not just the structure.

    Link checked 2 Aug 2026

  • Freedirectory2 minPerth / WA

    Online local government directory

    WA Local Government Association

    Why this oneBecause every row in the table on this page ends with "ring your council", you need a fast way to find the right switchboard and the right suburb-to-council mapping. This is the current, maintained list of all 139 WA local governments with contact details, updated after the October 2025 elections.

    Link checked 2 Aug 2026