Council Approval for Patios in Melbourne: Everything you Need to Know

In the case of creating a new patio, you may well have to apply for permission, but it all depends on the specifics of your project. In this guide we’ll go through when you need to get council approval and what to expect from the process.

If it’s got a Roof you Need Permission

A patio is essentially a term that refers the floor or ground. It means a patch of earth on your property that is paved or made solid in some way so that you can sit or stand out there, put some furniture on it and use it for social purposes, as an area to relax and enjoy the outdoors. But when you put a roof on it, suddenly it is more like a room. This change means the council wants to know about it.

There are different options for creating a roof. It could be a solid roof, in which case your patio could be described as a pavilion, gazebo or veranda, all of which are quite different from a simple paved area in a garden.

You may wish to discuss this with a planning officer to determine if what you’re thinking of installing really constitutes a roof or if you could make small changes to avoid the need for a permit.

If it’s Visible From the Road you may Need a Permit

This is a logical rule when you think about it. If all you’ve got is a paved area and no one else can see it, that’s one thing. But if it’s at the front of the house it is not only your business. Then the council will want to see that what you are building is in keeping with the rest of the property and not going to cause a nuisance among your neighbours.

If Your Property is in a Historic or Heritage Area you may Need a Permit

There are historic buildings and whole areas that reflect the heritage of Melbourne, so if yours is a building with a bit of history, you had better check with the planning department before you do anything to it. You’ll know if you’re in a heritage zone from the Form 1 you received when you brought the property.

If Your Patio is Less Than3.6m in Height and 20 sq m in Area You Should not Need Permission

Note the word should: a patio with a roof that holds water will need a permit, probably for safety reasons. Again, discuss this with the planning department.

If you Want to Build on an Easement you Will Need Permission

An easement is permission to use an area of someone’s property. This could be a driveway or path shared with a neighbour, or perhaps a small area to which the electricity or drainage people need access. The council will need to check that you building a patio won’t interfere with this access.

Conclusion

If all you’re doing is putting some paving out the back where only you can see it, with no walls, no roof and it is exclusively your property, you’re okay to proceed with it, but if it starts to look like an outdoor room with two or more walls and a roof, or if in any way it affects other people, you will need planning permission. If you are in any doubt, contact the council and check.