Do You Need Planning Permission for a Portable Building: Perth Guidelines

With portable buildings gaining popularity – from offices to granny flats – it’s essential to understand the local regulations before you set one up. 

Whether you’re looking for a temporary solution or a more permanent setup, knowing the planning requirements can save you time, money, and potential legal headaches.

With the demand for portable buildings is on the rise, this guide will cover your planning permission responsibilities plus the conditions and regulations you’ll need to adhere to.

Read on as we break down the factors that influence your planning requirements with practical tips to ensure you stay compliant with local regulations. 

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The answer to this question isn’t always straightforward and largely depends on the building’s intended use, size, and location. 

Let’s dive into the specifics to clear up any confusion.

Residential vs. Commercial Use

One of the first things to consider is whether the modular building is for personal or commercial use. 

Portable homes, like granny flats or home offices, often have different regulations compared to structures intended for commercial purposes, such as site offices or retail kiosks.

• Portable Homes: In most cases, if you’re adding a granny flat or other temporary structure to your residential property, planning approval is likely required. This is particularly true if the building will be used as a secondary dwelling or permanent living space. You’ll need to check with your local council, as requirements can vary between municipalities.
• Commercial Portable Buildings: Planning permission is almost always required, especially if the structure is placed on a commercial site or public space. Whether it’s a construction site office or a pop-up retail shop, commercial use triggers more stringent regulations.

Building Size and Dimensions

The size plays a big role in whether you need to seek planning approval. In Perth, smaller structures may not need planning permission, but larger, more permanent-looking buildings almost always do.

• Smaller Structures: For modular buildings that are temporary and small in scale, such as garden sheds or site huts, you might be exempt from needing planning permission. However, these are generally only allowed if they comply with specific size limits and aren’t intended for long-term use.
• Larger Structures: If your modular building exceeds a certain size or height, you’ll most likely need to lodge a development application. Larger buildings, particularly those used for residential or long-term purposes, are often treated similarly to permanent structures in the eyes of the local council.

Duration of Use

Temporary buildings used for short periods, such as during construction projects, are sometimes exempt from approval, depending on the timeframe and location.

• Short-Term Use: If your modular building is intended for short-term use (e.g., on a site for a few months during a construction project), you might not need planning permission, but you will still need to notify the council. This exemption often applies to site sheds and temporary offices.
• Long-Term or Permanent Use: For modular buildings expected to stay in place for a year or more, planning permission is generally required. Even if the structure is “portable,” councils often view long-term use in the same way as they do for permanent buildings, meaning you’ll need to go through the approval process.

Location, Location, Location

Different zones have different rules, and placing a modular building on a residential lot will require different approvals than placing one on a commercial or industrial site.

• Residential Zones: If you’re adding a portable structure to a residential property, local council regulations will typically require a planning permit, especially if the building will be close to your property boundary or other structures.
• Commercial and Industrial Zones: Modular buildings on commercial and industrial sites are often subject to strict local regulations, including setbacks, height restrictions, and aesthetic considerations. You’ll need to check your local zoning laws before setting up a portable office, warehouse, or retail space.

Council Regulations and Approvals

Even if you think your building might be exempt from planning permission, it’s always wise to check with your local council to ensure you’re following the correct processes.

• Development Approval (DA): For many larger or long-term buildings, you’ll need to submit a Development Application (DA) to your council. This is where all the nitty-gritty details are considered, such as the building’s impact on neighbours, zoning, and environmental factors.
• Building Permit: Even if you don’t need full planning permission, you may still need a building permit, especially if the structure includes plumbing or electrical work. This permit ensures that the building complies with safety standards and construction codes.

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Conditions for Portable Building Installations

These can vary depending on the location, intended use, and type of structure.

• Temporary vs Permanent Use: Many councils in Perth have different requirements for modular buildings based on whether they are temporary or permanent. For example, temporary buildings may have relaxed rules if they’re only in place for a short period, such as less than six months.
• Compliance with Local Zoning Laws: Every suburb or area has zoning laws that dictate what kind of structures are allowed. Zoning considerations will determine whether your property can legally host a modular building and under what conditions. For example, you may face limitations in residential zones, especially for larger or long-term structures.
• Property Boundaries and Setbacks: One of the most common conditions is adhering to setback rules. This refers to the minimum distance your modular building must be from property boundaries, roads, and other buildings. In residential areas, these setback rules are often stricter.

Recommended Sizes for Exemptions

While it may be tempting to install a large building, it’s important to note that size can determine whether or not you need planning approval. 

Smaller structures are sometimes exempt from planning permission, provided they meet specific criteria.

• Small Buildings Exempt from Planning Permission: In Perth, portable structures like sheds, garden studios, or site offices that don’t exceed certain dimensions may be exempt from planning approval. Typically, a small building should:
  • Have a floor area of under 10 square metres
  • Be no taller than 2.4 metres (roof height)
  • Not be used as a habitable space, such as a living room or bedroom
• Large Portable Buildings Requiring Approval: For buildings larger than 10 square metres or those intended for long-term residential or commercial use, you’ll almost always need to apply for planning approval. Larger structures are considered more impactful and are treated similarly to permanent buildings.

Permits and Approvals Required

These processes ensure that your structure complies with safety standards and local regulations.

Development Approval (DA)

A Development Approval (DA) is one of the most common permits you’ll need when planning to install a modular building, especially if the building is intended for long-term use or is of significant size.

When Is a DA Required?

A DA is generally required for portable buildings that:

• Exceed 10 square metres
• Are used for residential purposes, like a granny flat or secondary dwelling
• Are installed in areas with strict zoning laws (e.g., heritage areas, environmentally sensitive zones)
• Involve substantial modifications to the land, such as groundwork or landscaping

How to Apply for a DA

You can apply for a DA through your local council. The application will typically require you to submit detailed plans of the building, including its size, location on the property, and intended use.

It may also involve public notifications if your neighbours are impacted.

Building Permit

Even if your modular building doesn’t require planning approval, you may still need a building permit to ensure it complies with the Building Code of Australia (BCA).

When Is a Building Permit Required?

A building permit is usually needed for any structure that involves:

• Electrical work
• Plumbing installations
• Structural modifications, such as additional rooms or sections
• Buildings over a certain height (usually around 2.4 metres)

Steps to Obtain a Building Permit

The building permit process involves providing technical details about the construction. You’ll need to demonstrate that the structure is safe, durable, and meets Australian building standards. 

A qualified surveyor or certifier usually handles the approval process.

Local Council Regulations

Council regulations can vary significantly depending on where in Perth you’re planning to install the modular building. Understanding your local council’s rules is essential for a smooth approval process.

Council-Specific Regulations:

Some councils may impose additional regulations that go beyond state guidelines. For instance, in areas with historical significance, you may face aesthetic or design restrictions to ensure the modular building blends with the local architectural style.

Environmental Considerations:

Modular buildings in environmentally sensitive areas, such as near wetlands or protected bushland, may require extra approvals. 

Councils will assess the environmental impact of your building to ensure it doesn’t negatively affect the local ecosystem.

Recommendations for a Smoother Process

Given the potential complexities, here are a few tips to make sure your project goes off without a hitch:

• Contact Your Local Council Early: Always get in touch with your council before making any major decisions. This will help you avoid any surprises down the track, such as unexpected permit requirements or fees.
• Work with Licensed Professionals: When dealing with approvals and permits, it’s always best to work with licensed builders or professionals who are familiar with local regulations. They can help you navigate the technical aspects and ensure your application process runs smoothly.
• Consider Pre-Approval Buildings: Some companies offer pre-approved models that already comply with local regulations. Choosing one of these options can save you time, money, and the hassle of submitting extensive plans for approval.

• Purpose matters: Whether your building is for residential or commercial use will heavily influence whether you need planning permission.
• Size counts: Smaller structures (under 10 square metres) might be exempt, but larger buildings almost always need approval.
• Time frame is key: Temporary buildings may not require planning approval, but long-term or permanent use generally does.
• Location is crucial: Different zoning areas have unique regulations—especially if your property is in a residential or environmentally sensitive area.
• Permits may still be necessary: Even if planning permission isn’t required, you may still need a building permit for structural or safety reasons.