Western Australia · Planning guides

Planning rules in Western Australia, explained from the source

What the local planning scheme and R-Codes actually say about the things people most often want to do with a block, quoted word for word, with what each council sets on top.

Granny flat rules

Can I build a granny flat in WA?

In Western Australia a granny flat is called an ancillary dwelling and it is governed by the Residential Design Codes Volume 1 (the R-Codes). The R-Codes set a deemed-to-comply pathway for an ancillary dwelling on the same site as a single house or grouped dwelling, with a maximum internal floor area of 70m2 and a requirement that it sits behind the street setback line. If the design meets every deemed-to-comply provision and the lot is not heritage-protected, the Planning and Development (Local Planning Schemes) Regulations 2015 remove the need for development approval, although a building permit is still required. Council instruments can modify some of these provisions, so the answer depends on the address.

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Dual occupancy and duplex rules

Can I build a dual occupancy or two grouped dwellings on my lot in WA?

In WA a dual occupancy is two grouped dwellings on one lot, and whether you can build one depends on the density code (R-Code) that your local planning scheme applies to the lot. Part D of the Residential Design Codes Volume 1 sets a minimum and an average site area per dwelling for each R-Code in Table D, and the decision-maker cannot vary those figures except as the R-Codes or the scheme allow. Erecting a grouped dwelling is not on the list of works exempt from development approval, so a development application is needed. The R-Codes then give a deemed-to-comply pathway for setbacks, open space, height and parking, with a design principle pathway for anything that departs from it.

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Subdivision and minimum lot size rules

Can I subdivide my lot in WA?

In Western Australia you cannot subdivide, amalgamate or create a road without the approval of the Western Australian Planning Commission under section 135 of the Planning and Development Act 2005. Whether a lot can be split depends first on the density code the local planning scheme applies to it, because Part D of the R-Codes Volume 1 sets a minimum and an average site area for each code in Table D and the decision-maker cannot vary those figures except as the R-Codes or the scheme allow. Green title, survey-strata and strata lots are all measured against Table D, with defined adjustments for battleaxe access legs and corner truncations.

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Fast-track approvals

Is there a fast-track or exempt approval pathway for my house project in WA?

Yes, in two layers. Clause 61 of the deemed provisions in the Planning and Development (Local Planning Schemes) Regulations 2015 removes the need for development approval for a single house, and for an ancillary dwelling, outbuilding, patio, deck, garage, carport and similar works on the same lot, where the R-Codes apply, the works meet every deemed-to-comply provision, and the lot is not heritage-protected. Where an application is needed, a proposal that meets deemed-to-comply must not be refused and is not advertised to neighbours. The deemed-to-comply provisions are in Part B of the R-Codes Volume 1 for lower codes and Part C for medium density lots, and a council policy approved under the Regulations can stand in for them.

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Height, setback and site coverage rules

What height, setback and open space rules apply to my house in WA?

Height, setbacks and open space for houses in WA come from the Residential Design Codes Volume 1. For lots coded R40 and below, Part B sets street setbacks and open space in Table B, lot boundary setbacks in Tables 2a and 2b, and building height in Table 3, where category B applies unless the scheme or a council instrument says otherwise. For medium density lots Part C uses Table C primary controls for site cover, height, street setbacks and lot boundary setbacks. Each is a deemed-to-comply provision, and councils can modify most of them through a local planning policy or local development plan.

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Do I need a development application?

Do I need development approval for my project in WA?

In WA there are three separate approvals to think about. Development approval from the local government is required by clause 60 of the deemed provisions unless clause 61 exempts the works, and a compliant single house or ancillary works on a non-heritage lot usually are exempt. A building permit under section 9 of the Building Act 2011 is required for building work whether or not planning approval was needed. Subdivision, amalgamation and new roads need the approval of the Western Australian Planning Commission under section 135 of the Planning and Development Act 2005. The way to tell which applies is to check the density code and heritage status of the lot, then test the design against the R-Codes deemed-to-comply provisions as modified by your council.

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