07 Jun FAQ. Do I Need A Building Permit

Definition – Shade Sail
A shade sail is a piece of fabric (which may be water permeable or impermeable) fixed to posts or other structures, but not a dividing fence. A water permeable shade sail is considered to be a pergola, while a water impermeable shade sail is considered a patio.
Requirement For Building Permit
Patio
The Building Regulations 2012, Schedule 4, Part 2 – Item 1 states that:
“Construction, erection, assembly or placement of a freestanding Class 10a building that:
(a) has a floor area not exceeding 10m²;
(b) is no more than 2.4 m in height; and
(c) is not located in wind region C or D as defined in AS 1170.2.
A patio that does not meet any of (a), (b) or (c) will require an application for a building permit. A patio that is not freestanding, eg. attached to a structure, will require an application for a Building Permit regardless of the fact that it meets (a), (b) or (c).
Not withstanding the above, development approval is required if a patio is to be built in the front setback area of the lot.
Pergolas
The Building Regulations 2012, Schedule 4, Part 2 – Item 1 states that “Construction, erection, assembly or placement of a pergola associated with a Class 1 building that:
(a) is not more than 2.4 m in height; and
(b) is not located in wind region C or D as defined in AS1170.2; and
(c) covers an area not exceeding 20 m².”
A pergola that does not meet any of (a), (b) or (c) will require an application for a building permit. In any case, the following applies for construction of any pergola:
- A pergola is permitted to be built to the boundary however, it must not touch or be fixed to the dividing fence, all footings and construction must be kept within the lot boundaries
- A pergola must be constructed of good quality metal or timber framing which may be free standing or attached to an existing structure although not to a dividing fence. The roof may consist of lattice, timber, shade cloth or other water permeable material
- A pergola may be supported by post, columns or piers and must not be enclosed by wall sheeting, cladding, panelling or the like. Second hand materials shall not be used without approval from the City.
The Process
Shop drawings including plan, elevation, engineering and a building application can all be supplied by ONE Shade Sails.
Submission to the council can either be completed by the client (to save costs) or by ONE Shade Sails.
Time Frame – one week to prepare the drawings and have the site plan certified by our consulting engineers and up to 28days once the submission has been made to council.
Estimated costs
Application made by ONE Shade $350 ex GST
Application made by client $150 ex GST (includes drawings enginnering and application). + council fees approx. $150