R-Codes Volume 1 (April 2026) defines both words. A pergola is open-framed and covered either by material water can pass through or by “operable louvred roofing” (R-Codes Volume 1, A1 Definitions); a patio is unenclosed and covered by material water cannot pass through.
General informationGeneral information summarised by Dotto, not building, planning or legal advice about any structure. Building and Energy (WA) and the local government are the official places to check: building permits are granted by the local government permit authority for the area where the work will be done.
Dotto is not a builder, an installer or a building certifier. Dotto holds no builder’s, electrical or other trade licence. It does not design, supply, build, install, offer, contract for or arrange any pergola or building work, and does not refer anyone to a builder or supplier. This is general information, not advice.
None of these definitions says whether a pergola with an opening roof needs a building permit.
Two definitions, one after the other
“Pergola”
Summary by DottoAn open frame. Over it sits one of two things: a material water can pass through, or louvred roofing that can be adjusted. It may be fixed to a home or stand apart from one.
“Patio”
Summary by DottoA structure that is not enclosed. Over it sits a material water cannot pass through. It too may be fixed to a home or stand apart from one.
Both definitions are in the list of defined terms in the R-Codes Volume 1 (PDF). The R-Codes are published on a site that allows personal, non-commercial use only, so this page summarises them in plain words; the only words shown in quotation marks are the two headwords and the defined term for the roofing.
| Point | Pergola | Patio |
|---|---|---|
| What the structure is | A frame left open | A structure that is not enclosed |
| What covers it | Either material water passes through, or adjustable louvred roofing | Material water does not pass through |
| Roofing that can be adjusted | Named, as louvred roofing | Not mentioned |
| Fixed to a home | May be, or may not | May be, or may not |
The definitions describe louvred roofing only by what it is. They say nothing about whether it is open or shut at a given moment, or how much of the frame it covers.
What the R-Codes are for
The Residential Design Codes are the state’s planning and design rules for housing, and they apply to every residential development in Western Australia. Local government administers and applies them, and questions about how they apply to a particular proposal go to the local government.
So these are planning definitions. They tell a reader of the R-Codes what the words pergola and patio mean in that code, and no more.
The building side: Building and Energy’s classes
Building and Energy (WA) uses a different vocabulary. It treats roofed outdoor areas, the structures commonly known in the state as patios, as Class 10a buildings: in the National Construction Code’s terms, non-habitable buildings such as a private garage, a carport or a shed. It adds that the building permit rules for that class continue to apply.
Its guidance on registration says that, as a general rule, building, erecting, assembling or placing a building or an incidental structure is work that needs a building permit. The permit comes from the local government permit authority for the area, and Building and Energy points to that authority for advice on whether one is needed. Owners are responsible for obtaining a permit, where one is required, before construction starts, and Building and Energy warns of penalties where a building permit has not been granted.
These pages were last updated on 21 September 2026 (building or renovating your home) and 24 July 2026 (the registration guidance).
Two vocabularies, one structure
The R-Codes speak of pergolas and patios. Building and Energy speaks of Class 10a buildings and counts patios among them. Neither source read here says which word, or which class, fits a roof that is sometimes open and sometimes closed.
Who may build a Class 10a building
Building and Energy’s threshold for Class 10a work is $50,000: from 1 July 2026, one valued below that figure does not require a registered building contractor in Western Australia. Permit rules for such buildings still apply. These lines are as at the page’s update of 21 September 2026. For most other building work that needs a permit, work worth $20,000 or more still has to be done by a registered builder.