What is a Granny flat or Secondary Dwelling ?
A granny flat, or secondary dwelling, is defined as self-contained accommodation within, attached or separate to an individual home. Most older existing homesites in Australia allow for permission to build a secondary dwelling (granny flat) on your existing house Lot, with the right approvals.
Table Of Contents
Types of Granny Flats
There are three basic types of granny flats:-
1. A ‘conversion’ is a granny flat that is built in your existing home. If you have an unused bedroom and bathroom, for example, you might be able to convert the space into a granny flat.
2. An ‘extension’ is a granny flat that is attached to your home.
3. ‘detached ‘granny flat is a separate dwelling on your property.
A council or accredited certifier can certify granny flats as complying development without the need for a Local Council development application, provided they meet specific standards in the relevant State Planning policies.
Building Approvals
Regulations vary in different states and relevant Council areas, but in general:-
Dependent on your property attributes and its’ State and /or location, you may have two options – via a Development Application (DA) or Complying Development Certificate (CDC).
However, both approval pathways require a Council Certifier or a Private certifier to give you the final seal & tick of approval. Regulations have changed a lot in recent years and vary wildly from state to state so please check with your Builder, Designer and or Architect plus local Council to be fully abreast of what is required for your project.
What is Complying Development ?
Complying development is a combined planning and construction approval for straightforward development that can be determined through a fast-track assessment by a council or an accredited private certifier.
Complying development applies to homes, businesses and industry and allows for a range of approvals of a new dwelling house including granny flats, alterations and additions to a house, new industrial buildings, demolition of a building, and changes to a business use.
How do I get a "fast tracked" Approval ?
Approvals under the fast-track complying development pathway in NSW can be issued in as little as 20 days. Homeowners can save up to $15,000 when building a house under complying development, with savings up to $2,600 for renovations.
Watch the video below about building made easy with complying development. How to use Complying Development (NSW Govt link) How To Use Complying Development
Exempt Development
Did you know that you can do some minor building works to your house, shop or business without a development application? This is called exempt development. This means that low impact works not requiring a full merit assessment by council can be done more quickly and with less cost….
Click here for more info on Exempt Development.
Typically to build a granny flat as a Complying Development it must be:-
1. Established in conjunction with another dwelling (the principal dwelling),
2. On the same lot of land as the principal dwelling (and not an individual lot in a strata plan or community title scheme), and
3. May be within, attached to, or separate from the principal dwelling.
The Approval Process
for secondary dwellings does vary on a “State by State” basis. Each state has a set of planning laws to follow but by and large all state governments support the addition of secondary dwellings on existing house lots.
We’ve broken the approval process down for you in basic terms on a “state by state” basis below. If you’d like more detailed information on the process please drop us a line here
STATE BY STATE APPROVAL PROCESS
The basic rules to follow for Approval of a Granny Flat
New South Wales (NSW)
To lodge an application for a granny flat in NSW as a complying development, you will need to complete your nominated accredited certifier or councils’ approved Complying Development Certificate (CDC) application form.
Using this approval pathway, the granny flat may be approved within 20 days. If the granny flat does not meet the requirements for complying development, a full development application will need to be lodged with the relevant council.
NSW Requirements for Complying Development
the basics:-
Must be zoned residential
One secondary dwelling per block
Minimum Lot Size of 450m2
12 metre width at the building line of the existing dwelling
Maximum size of granny flat – 60m2 (excluding decks)
Attached or detached (also on top of existing garage)
Side setbacks – 0.9m; rear setback 3.0m
3m from existing trees over 4m in height
Can’t be subdivided or strata titled
Would you like your Granny Flat approved in NSW within 20 days ? please enquire here
2 bedroom extended deck model pictured by designacube
Queensland (QLD)
Granny Flat approvals process in QLD varies from Council to Council jurisdictions.
A certifier must approve any work for granny flats before you start construction in Brisbane City QLD. This is separate to a planning approval.
Granny flat approval requirements for Brisbane QLD
Brisbane City Plan refers to an extension to an existing dwelling house in a residential zone for a granny flat as a 'secondary dwelling'. It can be a maximum of 80 square metres in size. A granny flat for a member of your household does not need Council approval. This is as long as you meet the accepted development, subject to requirements criteria in the Dwelling house code or Dwelling house (small lot) code.
In QLD you will need to lodge a development application if:-
a.) the granny flat is bigger than 80 square metres in size b.) it is more than 20 metres from the main house.
You will need a development application for dual occupancy if you are renting it to someone who does not form part of your household.
QLD Requirements for Complying Development
the basics
Must be zoned residential
Minimum Lot size of 450m2
Maximum size of granny flat 80m2 (excluding decks)
Attached or detached
Victoria (VIC)
VIC Requirements for Complying Development
the basics
Victoria is unlike any other state in terms of granny flat planning laws. Granny Flats in Victoria cannot be rented out. Only family members are allowed to use them. Tough planning requirements restrict the Victorian granny flat market.
In Victoria, the answer to why ? could have more implications than anywhere else in the country. The state has some of the toughest regulations on granny flats – and meeting the conditions can be time-consuming and expensive. (above link from RACV).
Council laws vary, but typically the occupant must be a dependant, and the building must be removed once they die or move out.
Victorians - information is available on your local council’s website. You can also visit Council chambers and talk to a planner or your local Building Consulting expert, architect and/or designer, builder or industry expert to seek advice.
Australian Capital Territory (ACT)
A granny flat, known as a “secondary residence” in the ACT, can be anywhere from 40 m2 to 90 m2. Minimum land size of 500 m2 and must be zoned residential. It must be a water sensitive urban design and suit the needs of people with disabilities.
It can be rented out, but you must provide private open space for tenants plus one car parking space.
ACT Requirements for Complying Development
the basics
Must be zoned residential
Minimum Lot size of 500 m2.
Minimum Granny Flat size .40 m2
Maximum size of Granny Flat 90 m2
minimum one car parking space, cannot be in the ‘front zone’.
Clear, unobstructed pedestrian access
Only the primary residence owner can own the granny flat
Reasonable levels of privacy for adjoining residential blocks, including solar access to their dwellings.
Compliant with setbacks.
Compliant with the Australian Standard AS 4299 Adaptable Housing (Class C). That is, “easily adaptable to suit the needs of people with disabilities“.
Studio pictured by designacube
South Australia (SA)
When building a granny flat in South Australia, you must abide by regulations set by the SA Government and your local Council. Otherwise, you may not gain approval for your development.
A granny flat is also called a “Dependant Accommodation”
in SA. You must gain Development Approval from your local Council, ensuring it meets the requirements of their Development Plan. Most Councils’ will give approval, under the provision that an immediate family member will occupy the granny flat. Meaning, they cannot be an investment.
As such, the unit must be connected to the same services (i.e. electricity, phone line, sewer and water) as your main home.
SA Requirements for Complying Development :-
the basics
Property must be a minimum of 600sqm.
Floor size must be a maximum of 60sqm or 70% of the total floor area of the main home (whichever is less).
Maximum of one separate bedroom and
Must provide at least 20sqm private open space
A granny flat is also called ‘Dependant Accommodation’ by the SA Government. That means it is generally used for accommodation by a dependent relative – i.e. grandparent/s or a teenager.
To be classified as “Dependant Accommodation”, the unit itself is required to be dependent on the primary dwelling for services.
In SA this means your granny flat must be connected to the same services as the primary dwelling, such as:-
Electricity
Telephone line
Sewerage / waste control system
Water connection
Driveway
There are generally 2 types of Consent required for Development Approval for a granny flat in South Australia:-
Development Plan Consent & Building Rules Consent
Each SA Council has its’ own Development Plan, a copy of which you can get from your local SA Council or at www.planning.sa.gov.au).
Construction approval in SA can be obtained by either a Private Certifier or Council certifier.
Western Australia (WA)
Granny Flat approval process in WA is not dissimilar to NSW
You must have a maximum property size of 450sqm (unless your local Council states differently). The maximum floor area your granny flat is allowed is 70sqm. Although this may differ across local Councils up to 100sqm. It is possible to rent out your granny flat to non-family members, but approval from your local Council is typically required first.
WA Requirements for Complying Development:-
the basics
Must be zoned residential
1 secondary dwelling per block
Minimum Lot Size of 450m2
Maximum size of granny flat – 70m2 although some Councils will allow up to 100m2
Can’t be subdivided or strata titled
one bedroom coastal series model pictured by designacube
Tasmania (TAS)
Granny Flat rules in Tasmania define the maximum size to be no more than 60sqm and or 30% of the total area of the main dwelling (whichever is less). Granny Flats in the land of the "Big Apple" can be rented to anyone.
There is no obvious rule regarding a minimum block size. In fact there is actually no state-wide policy on what you can and can’t do, so the rules will vary between local Councils themselves.
Please Note: above information is a guide only. Please consult with your local Planning Consultant, Architect and or Designer, Builder or Local Council when deciding or checking on the process for approval and construction of your granny flat.
Owner Builder Advice
Whilst being an Owner/Builder can be a satisfying experience it can also be a nightmarish journey. If you’re not 100% confident or have an anxious type personality and don’t connect well with people then maybe owner / builder isn’t for you ?
Co-ordinating and supervising trades can be a challenging and exhausting business. A building project is not a simple task for a novice. The best trades people also generally like to work with Builders who are in consistent control of the co-ordination of the build and provide regular on-going work.
For example you don’t want the plasterer or painter arriving on site after travelling 2 hours to get to site to find out the electrical & plumbing ‘rough-ins’ haven’t been completed. There are a myriad of reasons why its not always a great idea to “do it yourself” including maintaining your sanity and peace of mind knowing that the work has been completed by a professional.
You wouldn’t let your Builder extract your teeth or perform surgery on your family members, so consider carefully before jumping in as an owner builder.
Often overlooked as well but extremely important is if you are in a relationship. Building can be very stressful, especially if you are a “first timer”. You don’t want to be a successful owner/builder but also separated or divorced in the process !
There are distinct advantages of utilizing the services of licenced professional Builders and or Project Managers. Owner Builders can make the mistake of not considering the “actual cost” of their own time and labour. The three most important elements of Project management are Time, Cost & Quality. If any one of these three elements lack then your project cost can ‘blow out’ substantially.
Professional input at every stage of the design & build process is critical for a successful project. Professionals do add exceptional value and advice throughout the process plus add dollars in capital value, so think carefully before deciding whether to be an owner builder.
The Australian Housing industry in general is top of the class in business when it comes to efficiency in both delivery and cost. Housing Industry professionals are usually found as members of the Housing Industry Association (HIA) or as members of the Master Builders Association in your state.
Owner Builder Recommendation
If you are feeling confident as an Owner Builder, give it a try. Never hesitate though to call on a professional for advice. Most trades and professional industry participants are willing to give free advice if you approach them in a friendly manner.
If you decide to go “it alone” as an Owner Builder make sure you “brush up” on all the facts and learn as much as you can before taking the first step. An excellent website for Small House (Granny Flat) informative Owner Builder advice is Dean Roller’s DIY Granny Flat.
Conclusion
Securing approval for a granny flat in Australia might seem daunting at first, but with the right guidance and preparation, the process can be straightforward and rewarding. By understanding the specific regulations in your state or territory, engaging with local councils, and assembling a thorough application, you can turn your vision of a granny flat into reality.
Whether you're looking to add value to your property, create a space for loved ones, or establish a secondary income stream, a well-planned granny flat can offer tremendous benefits. Armed with the insights from this guide, you're now equipped to navigate the process with clarity and confidence.
Remember, the key to success lies in early research, engaging with professionals when needed, and staying compliant with local regulations. With patience and perseverance, your dream granny flat is well within reach.
Thank you for joining us on this journey. Here's to a smoother approval process and a beautiful new addition to your home :)
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