Western Australia · Planning guide
Fast-track approvals 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.
Sources read on 9 September 2026. Provisions are quoted word for word from the instrument.
Exempt development: no development approval needed
Every local planning scheme in WA contains the deemed provisions in Schedule 2 of the Regulations. Clause 60 requires development approval for works and uses, and clause 61 lists the works that are exempt. The exemption applies where the works are of a class in Column 1 of the table and every condition in Column 2 is met.
Item 6 covers the erection of, or alterations or additions to, a single house on a lot. Item 7 covers an ancillary dwelling, outbuilding, external fixture, boundary wall or fence, patio, pergola, verandah, deck, garage or carport on the same lot as a single house or grouped dwelling. Both items share three conditions: the R-Codes apply to the works, the works comply with the deemed-to-comply provisions of the R-Codes, and the works are not in a heritage-protected place.
Other items exempt internal work that does not change the external appearance, swimming pools and shade sails outside heritage places, water tanks up to 5 000 L outside the street setback, solar panels parallel to the roof, maintenance and repair, and works a local planning policy or local development plan nominates as not requiring approval. Note that the erection of a grouped dwelling or multiple dwelling is not on the list.
Development approval is not required for works if — (a) the works are of a class specified in Column 1 of an item in the Table; and (b) if conditions are set out in Column 2 of the Table opposite that item — all of those conditions are satisfied in relation to the works.
Read the source · retrieved 9 September 2026
The erection of, or alterations or additions to, a single house on a lot. (a) The R-Codes apply to the works. (b) The works comply with the deemed-to-comply provisions of the R-Codes. (c) The works are not located in a heritage-protected place.
Read the source · retrieved 9 September 2026
The erection or installation of, or alterations or additions to, any of the following on the same lot as a single house or a grouped dwelling — (a) an ancillary dwelling; (b) an outbuilding; (c) an external fixture; (d) a boundary wall or fence; (e) a patio; (f) a pergola; (g) a verandah; (h) a deck; (i) a garage; (j) a carport. (a) The R-Codes apply to the works. (b) The works comply with the deemed-to-comply provisions of the R-Codes. (c) The works are not located in a heritage-protected place.
Read the source · retrieved 9 September 2026
The installation of a water tank. (a) The water tank is not installed in the street setback area of a building. (b) The volume of the water tank is no more than 5 000 L. (c) The height of the water tank is no more than — (i) for a tank fixed to a building — the height of the eaves of the building; or (ii) for a tank that is not fixed to a building and is more than 1 m from each boundary of the lot — 2.4 m; or (iii) for a tank that is not fixed to a building and is 1 m or less from a boundary of the lot — 1.8 m. (d) The works are not located in a heritage-protected place.
Read the source · retrieved 9 September 2026
Deemed-to-comply: the R-Codes fast lane
The R-Codes Volume 1 are written as pairs. Each design element has design principles on the left and deemed-to-comply provisions on the right. Deemed-to-comply provisions prescribe the standards an application must satisfy to meet the objectives of that element. A proposal that meets all of them is approved without any judgement of merit, and where the clause 61 exemption applies it does not need an application at all.
The R-Codes also make the fast lane binding on the council. The decision-maker shall not refuse an application that satisfies the deemed-to-comply provisions of Volume 1 and the relevant provisions of the scheme and local planning framework. A deemed-to-comply proposal also does not require advertising to adjoining owners and occupiers.
Where a proposal misses one provision, only that element goes to a merit assessment against its design principle. The rest of the proposal keeps its deemed-to-comply status. The application must state in writing where it departs from deemed-to-comply and how it meets the design principle.
Deemed-to-comply provisions prescribe the development standards that an application must satisfy in order to meet the objectives of the R-Codes and the requirements of each design element. Alternatively, proponents may lodge for a design principle(s) assessment against one or multiple design elements. The application must detail in writing where the proposed development departs from a deemed-to-comply provision and give justification of how the proposal satisfies the corresponding design principle and any relevant objectives and requirements of the local planning framework.
Read the source · retrieved 9 September 2026
Judgement of merit is exercised by the decision-maker only for the specific element of a proposal that does not satisfy the relevant deemed-to-comply provision. Where the decision-maker is satisfied the design principle is met for that specific element, the corresponding deemed-to-comply provision(s) should not be applied. The decision-maker shall not refuse to grant approval to an application where the application satisfies the deemed-to-comply provisions of the R-Codes Volume 1 and any relevant provision of the scheme and local planning framework.
Read the source · retrieved 9 September 2026
Where a development proposal is deemed-to-comply in accordance with the R Codes Volume 1, it will not require advertising to adjoining owners and occupiers.
Read the source · retrieved 9 September 2026
Part C: the medium density provisions
Since the 10 April 2024 amendment the R-Codes Volume 1 has four parts. Part B holds the deemed-to-comply provisions for single houses coded R40 and below and grouped and multiple dwellings coded R25 and below. Part C holds the provisions for single houses coded R50 and above, grouped dwellings coded R30 and above, and multiple dwellings coded R30 to R60. Part D holds site area.
Part C is structured around the garden, the building and neighbourliness, with a Table C of primary controls for site cover, building height, street setbacks and lot boundary setbacks. Its deemed-to-comply provisions work the same way as Part B, so a medium density single house that meets all of them and sits outside a heritage place uses the same clause 61 exemption.
R-Codes Volume 1 is comprised of four parts. Part A outlines the application and decision-making processes for residential development and the modifications that can be made to the provisions of the R-Codes through local planning frameworks. Part B includes provisions applicable to single houses in areas coded R40 and below, grouped dwellings and multiple dwellings (including the dwelling component of mixed use development) in areas coded R25 and below. Part C includes provisions applicable to single houses in areas coded R50 and above, R100-SL and R-AC, grouped dwellings in areas coded R30 and above, R100-SL and R-AC; and multiple dwellings (including the dwelling component of mixed use development) in areas coded R30 to R60 inclusive.
Read the source · retrieved 9 September 2026
Primary controls of Table C apply, except where modified by the local planning framework, in which case development complies with the controls set out in the applicable local planning instrument.
Read the source · retrieved 9 September 2026
Council policies can replace the deemed-to-comply standard
A local planning policy or local development plan can amend or replace listed deemed-to-comply provisions without WAPC approval, and any other provision with WAPC approval. Clause 1B of the deemed provisions then says development is taken to comply with the R-Codes deemed-to-comply provision if it complies with that council provision, as long as any required WAPC approval was given.
So the fast lane at a given address is the R-Codes as modified by the council. Working from the state defaults alone can send a design into a merit assessment it did not need, or leave it relying on a state number the council has replaced.
For the purposes of this Scheme, development is taken to comply with a deemed-to-comply provision of the R-Codes if the development complies with — (a) a provision of a local development plan, precinct structure plan or local planning policy if — (i) the provision amends or replaces the deemed-to-comply provision; and (ii) for a provision of a local development plan or local planning policy where the plan or policy is required to be approved by the Commission under the R-Codes — the plan or policy is approved by the Commission; or (b) a provision that — (i) is in a structure plan that was approved before 19 October 2015; and (ii) amends or replaces the deemed-to-comply provision.
Read the source · retrieved 9 September 2026
The following provisions of the R-Codes Volume 1 may be modified without WAPC approval: Part B 5.1.2 Street setbacks – all clauses 5.1.3 Lot boundary setbacks – C3.2-3.3 5.1.6 Building height – all clauses 5.2.1 Setback of garages and carports – all clauses 5.2.2 Garage width – all clauses 5.2.3 Street surveillance – all clauses 5.2.4 Street walls and fences – all clauses 5.2.5 Sight lines – all clauses 5.2.6 Appearance of retained dwelling – all clauses 5.3.5 Vehicular access – C5.1 5.3.7 Site works – all clauses 5.4.3 Outbuildings – all clauses 5.4.4 External fixtures, utilities and facilities – all clauses 5.5.2 Aged and dependent persons’ dwellings – all clauses 5.5.3 Single bedroom dwellings – all clauses. Notwithstanding clause 3.2.3a, the local government may, with the approval of the WAPC, modify any other deemed-to-comply provision of the R-Codes Volume 1.
Read the source · retrieved 9 September 2026
The building permit is never skipped
The clause 61 exemption removes the planning approval, not the building approval. Section 9 of the Building Act 2011 makes it an offence to do building work without a building permit unless an exemption under Part 5 of that Act applies. The R-Codes flowchart shows the same sequence, with a compliant single house going straight to the building permit stage.
A person must not do building work unless — (a) a building permit is in effect for the building work; or (b) a building permit is not required for the building work under Part 5 or regulations or an order mentioned in Part 5 Division 1; or (c) the work is done in accordance with a building order; or (d) the work is done in the course of taking action under section 118(2).
Read the source · retrieved 9 September 2026
What changes council by council in Western Australia
The state instruments set the frame. These points are set by each council's own instrument or mapping, so the answer for an address depends on which council it sits in.
- Whether the lot is a heritage-protected place under the scheme, which switches off the clause 61 exemption for houses and ancillary works.
- Which deemed-to-comply provisions the council has amended or replaced through a local planning policy or local development plan, with or without WAPC approval, since clause 1B makes those the operative standard.
- Whether a scheme requires development approval for a single house irrespective of the R-Codes, which the R-Codes flowchart notes is possible.
- Works the council's own local planning policy or local development plan nominates as not requiring development approval under items 10 and 20 of the clause 61 table.
- The density code on the lot, which decides whether Part B or Part C deemed-to-comply provisions apply.
For your address
How the $150 report settles this for one site
A Casa preliminary planning report reads the zone, density code and mapped heritage and other overlays at your parcel, then states whether the clause 61 exemption is available for a single house or ancillary works at that address and which part of the R-Codes supplies the deemed-to-comply provisions. It lists the council instruments that modify those provisions so the design can be checked against the operative standard. It does not certify compliance or replace the building permit.
Common questions
Can I build a new house in WA without council planning approval?
Yes, where item 6 of the clause 61 table applies: the R-Codes apply to the works, the works comply with every deemed-to-comply provision, and the lot is not a heritage-protected place. A building permit under the Building Act 2011 is still required.
Does a patio, carport or shed need development approval in WA?
Not if it is on the same lot as a single house or grouped dwelling, meets the deemed-to-comply provisions and is outside a heritage-protected place, because item 7 of the clause 61 table exempts outbuildings, patios, pergolas, verandahs, decks, garages and carports on those conditions.
What if my design misses one deemed-to-comply provision?
You lose the exemption and lodge a development application, but merit is judged only for the element that misses, against its design principle. The council must still approve everything that is deemed-to-comply.
Is deemed-to-comply development advertised to neighbours?
No. Clause 2.3.1 of the R-Codes says a deemed-to-comply proposal will not require advertising to adjoining owners and occupiers.
What is the Medium Density Code in WA?
The medium density provisions now sit in Part C of the R-Codes Volume 1, which applies to single houses coded R50 and above, grouped dwellings coded R30 and above and multiple dwellings coded R30 to R60. Part C has its own deemed-to-comply provisions and Table C primary controls, and the same clause 61 exemption applies to a compliant single house.
Can my council's policy override the R-Codes numbers?
Yes for the listed provisions in clause 3.2.3a without WAPC approval, and for any other provision with WAPC approval. Clause 1B of the deemed provisions then treats compliance with that policy as compliance with the R-Codes.
Sources read for this guide
- Planning and Development (Local Planning Schemes) Regulations 2015 (WA), official version as at 03 Nov 2024read 9 September 2026
- Residential Design Codes Volume 1 (R-Codes Volume 1), Version 3 published 10 April 2026, Western Australian Planning Commissionread 9 September 2026
- Building Act 2011 (WA), official version as at 28 May 2026read 9 September 2026
Not covered here
- Items 5, 15, 16 and 20 of the clause 61 table (internal work, solar panels, maintenance and policy-nominated works) are summarised from the fetched text rather than quoted in full.
- Part 5 of the Building Act 2011 (building permit exemptions) was not read, so this guide does not say which minor structures are also exempt from a building permit.
- The history of the medium density provisions before their incorporation as Part C is not sourced here. The guide describes Part C only as the current R-Codes Volume 1 text presents it.
- R-Codes Volume 1 quotes were taken from Casa's cached copy of the wa.gov.au PDF (sha256 18dfd0c7, fetched 2026-09-08 and re-read 2026-09-09). The Regulations and the Building Act were fetched live from legislation.wa.gov.au on 2026-09-09.
More WA guides
- Granny flat rules in WA
- Dual occupancy rules in WA
- Subdivision rules in WA
- Height and setback rules in WA
- Do I need a DA in WA?
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