what are the granny flat regulations1

What are the Granny Flat Regulations?

A Granny Flat is an additional dwelling that may be constructed in the backyard of an existing home and features up to 60 square metres of living space. You can build a Granny Flat without council approval if your property meets minimal site requirements (such as block size). However, a private certifier will still require that you meet certain criteria.

Table of Contents
    Add a header to begin generating the table of contents

    What Is A Granny Flat?

    A granny flat is a secondary residential unit, usually smaller than the primary residence, that shares a lot with the latter. 'Granny flats' got their name since many people put their elderly or infirm parents in these dwellings. A DPU, or Dependent Person's Unit, is the legal term for a granny flat.

    In contrast to other types of accessory buildings, such as:

    • For a secondary residence to be considered a unit, it must have its own kitchen, food preparation area, toilet, sink, and shower or bath. Parking space for multiple vehicles and a large yard are also necessities for a secondary home. Any additional structures on your property will require planning permission. 
    • Studios are an outbuilding on your property that is not connected to the main house and has no necessary amenities for human habitation. Studios are typically utilised for creative pursuits (such as an art studio) or as a home office. Local governments typically prohibit studio bathrooms and kitchens to prevent them from being converted into living spaces.

    Site Requirements & Regulations For Granny Flats

    what are the granny flat regulations3

    Check out the requirements that affect homeowners who want to construct a granny flat and where to find them in this comprehensive guide.

    Establishing granny flats because of government rules and local council requirements; also, there are few concerns with renting secondary houses, making it a more attainable investment prospect. Granny flat laws are under the State Environmental Planning Policy. 

    The paperwork and permits for constructing a granny flat are similar to those needed for constructing any other type of dwelling. These include the necessary permits from your municipality, such as those for planning and construction. 

    A granny flat can be a great investment if you plan to rent it out or increase the value of your property, but you can't afford to be sloppy and build it as you please. You must consider several state, municipal, and council-level approvals and prerequisites. There are regulations concerning everything from the number of granny flats to their size and whether or not they can be rented out. Granny Flats has extensive experience with the approval procedure and has compiled this guide to assist you. 

    Size Requirements

    Unless otherwise specified by your local municipality, a lot size of 450 square metres is the minimum on which a granny flat can be constructed. The maximum allowable square footage for a granny flat ranges from 70m2 to 100m2 and is set by your municipality. Residential density refers to the ratio of dwelling units per square metre of land. Some places have more strict regulations than others, and the Residential Design Codes can inform you exactly what those are. Depending on the zoning, the same-sized lot may be regarded differently. Subdivision requirements will differ depending on whether your lot is located in a high- or low-density zone. 

    Building Requirements

    A granny apartment can only be constructed on the same lot as the main house. There are restrictions on constructing granny flats as the first structure on unoccupied land. Only one granny flat can be constructed on any given piece of land. An additional parking space must be provided if the granny flat is not within 800 metres of a train station or 250 metres of a frequent bus route.

    Fencing is another important factor to consider during construction. A granny flat must be at least 3 metres away from any fence. The greater the height of your granny flat, the more space you'll need between it and the fence. This is done so that the occupant and neighbours have enough privacy. The precise sum is determined by council ordinance in your area. A granny flat attached to a main house must be designed to look like it belongs to the main house, which means it must share the same materials, colours, scale, etc.

    Council Approval & Construction Granny Flat

    When considering constructing a second house, many homeowners immediately wonder if they will need to obtain permission from the local government. Does a granny flat require special permits from the city?

    All residential homeowners who comply with the Affordable Housing State Environmental Planning Policy can construct a granny flat on their land without the usual council permission process. Certain site and design conditions must be completed to qualify for the "no council approval" process.

    Obtaining a CDC from a Certifier requires a granny flat recognised as complying with development under the Affordable Housing SEPP. Homeowners in residential zones no longer need to apply for and wait for granny flat approvals, saving them time and money. That being said, the project is bound by certain prerequisites.

    Guidelines for Finding an Appropriate Location for a Granny Flat

    For a granny flat to be considered a compliant development, the site must meet the following minimal requirements:

    • Integrating into the primary residence (which already exists).
    • It is in the same residential zone as the main house but not as a separate parcel of land or part of a community title plan.
    • A 450m2 lot size is required for the property.
    • The current house's building line must be at least 12 metres wide. You can apply for a granny flat addition if your property doesn't satisfy this standard.
    • Keep three metres' distance from the back fence and ninety centimetres from the sides.
    • Leave at least a 3-meter buffer zone around any existing trees taller than 6 metres.
    • The total square footage of the granny apartment should be at most 60m2.

    Frequently Asked Questions About Constructing Granny Flats

    In addition to concerns about the necessary permissions, homeowners considering building a granny flat often have the following enquiries.  

    Can I Add a Granny Flat to My Existing House?

    The quick answer is that it is possible to convert an existing space in your home into a granny flat. However, there are precise laws that must be met for the granny flat you're building to be legal. 

    Is It Possible to Build Two Granny Flats?

    It is legal to construct many granny flats on a single lot. Only one secondary dwelling, in addition to the principal housing (the existing house), is permitted on a residential property.

    Can I construct and live in a secondary dwelling, a granny flat, while your primary house is being constructed?

    You should stay on the property while repairs are being made. 

    For this reason, we have amended the regulations about short-term housing to allow you to set up a granny flat, a trailer, or a similar unit on your property without obtaining permission from the local government.

    What Is The Approval Process?

    • All construction must be pre-approved by submitting a development application or obtaining a compliance certificate.
    • Put in a trailer or a granny flat.
    • Having a granny flat? You'll need an occupation certificate.
    • Put up your primary residence.
    • You must get a final occupation certificate within five years of getting your first one.

    Where Can I Build a Granny Flat or Other Secondary Residence?

    • According to the State Environmental Planning Policy, a granny flat can be built in a residentially zoned lot. It's also known as the State Employees' Pension Plan for Housing. Some municipalities may even approve their use in non-urban areas. 
    • One compliant development certificate should be issued for both dwellings, and it can be done by either your local council or a professional certifier. 
    • The Housing SEPP has numerous regulations and development norms that your granny flat must adhere to.
    • Your primary residence must comply with the applicable requirements outlined in the SEPP for Exempt and Complying Development Codes.
    • If your granny flat falls under the Housing SEPP terms, you cannot subdivide your land.

    Extra Requirements for a Granny Flat

    • Each lot can have no more than one Granny Flat.
    • A granny flat can have up to 60m2 of floor space.
    • The granny apartment requires a courtyard at least 4 metres in width and 24 metres in total size.
    • If you plan on constructing in a bushfire, flood, or heritage zone, restrictions may exist.
    • A three-meter-wide access handle is necessary for battleaxe blocks.
    • The Granny Flat can get by without off-street parking if necessary.

    How to Build a Granny Flat?

    To construct a granny apartment on your land, you must take the following measures:

    Title Certificate Verification 

    Verify that any local ordinances or covenants do not prohibit the addition of a granny flat.

    Approaching Your Neighbourhood Council 

    Before beginning a construction project, it is important to familiarise yourself with the local laws and approval procedures. Find out if you only need planning permission, a construction permit, or both to construct a granny flat.

    It would help if you Got A Land Survey. 

    A building surveyor will assess your property's boundaries and the available height to determine whether or not you have room to construct a granny flat and, if so, how high above ground it must be.

    Spending Money on Building Materials

    A builder, architect, designer, or draftsperson can help you design your granny flat designs and guide you through construction. Alternatively, you can purchase a prefabricated granny flat kit that has already been built. Before choosing a package or service, it's a good idea to receive at least three estimates.

    Certification of Your Plans 

    Before you can receive a construction certificate from the council that will allow you to begin building, you will need to get your plans approved by either a private or municipal certifier. A private certifier will be faster and more responsive in most cases, while a local council certifier will be less expensive.

    Choosing Furniture and Equipment 

    If you want to construct a granny flat independently, you must either approve material alternatives from your builder or kit provider or buy them yourself.

    Using Workers and Professionals

    Choose the best builders and workers for the job. To complete the hookup of your granny flat, you'll also need the services of an electrician and a plumber.

    Arranging For A Home Inspection 

    Schedule a professional home inspection if an elderly relative will occupy your granny flat to rule out any potential dangers to your loved one's health.

    How much do Granny Flats usually run?

    what are the granny flat regulations2

    The cost of a granny flat might vary widely from one design and size to another. Consider whether these costs are factored into the price of your granny's apartment as you set aside money for it.

    • Analyses from surveys and engineers
    • Construction blueprints
    • Approvals for development and construction
    • Certifications
    • Material for Construction
    • Human Resources and the Trades
    • Appliances and furniture.

    Is There Any Other Option Besides a Granny Flat?

    There are other choices to explore besides constructing a granny flat.

    Home Extension 

    A house addition is a practical choice if you need more space or if you and an ageing relative can get along living under the same roof. Though they need strict council clearance, home additions can increase your property's value.

    Studio

    If you want a separate facility to use as an office or hobby room but not a place to live, consider constructing a studio.

    Downsizing to an Apartment 

    Your ageing relatives may want to downsize to a smaller, lower-maintenance dwelling like an apartment rather than move in with you or into a separate granny flat.

    Conclusion

    A granny flat is a secondary residential unit that can be constructed in the backyard of an existing home, offering up to 60 square meters of living space. It is typically smaller than the primary residence and shares a lot with the main house. The term "granny flat" comes from the fact that many people place their elderly or infirm parents in these dwellings.

    A granny flat must have its own kitchen, food preparation area, toilet, sink, shower or bath, parking space for multiple vehicles, and a large yard. Additional structures on your property will require planning permission. Studios are an outbuilding on your property that is not connected to the main house and has no necessary amenities for human habitation. Local governments typically prohibit studio bathrooms and kitchens to prevent them from being converted into living spaces.

    Establishing a granny flat is a great investment if you plan to rent it out or increase the value of your property. Granny flat laws are under the State Environmental Planning Policy, and the paperwork and permits for constructing a granny flat are similar to those needed for constructing any other type of dwelling. There are regulations concerning everything from the number of granny flats to their size and whether or not they can be rented out.

    Size requirements for a granny flat are set by your municipality, with a minimum lot size of 450 square meters. The maximum allowable square footage ranges from 70m2 to 100m2, and residential density refers to the ratio of dwelling units per square metre of land. Subdivision requirements will differ depending on whether your lot is located in a high- or low-density zone.

    Building requirements include constructing a granny apartment on the same lot as the main house, providing additional parking space if the granny flat is not within 800 meters of a train station or 250 meters of a frequent bus route, and maintaining a fence at least 3 meters away from any fence.

    Council approval and construction for a granny flat are not required if you comply with the Affordable Housing State Environmental Planning Policy. However, certain site and design conditions must be completed to qualify for the "no council approval" process.

    Homeowners often ask about the legality of building a granny flat, which is a temporary housing solution for elderly relatives. It is possible to convert an existing space in your home into a granny flat, but there are specific laws that must be met for it to be legal.

    It is legal to construct many granny flats on a single lot, but only one secondary dwelling is permitted on a residential property. While you are building your primary house, you should stay on the property while repairs are being made. The regulations about short-term housing have been amended to allow you to set up a granny flat, a trailer, or a similar unit on your property without obtaining permission from the local government.

    The approval process for construction requires submitting a development application or obtaining a compliance certificate. You will need an occupation certificate and a final occupation certificate within five years of getting your first one. Granny flats can be built in residentially zoned lots, as per the State Environmental Planning Policy, and some municipalities may even approve their use in non-urban areas.

    Extra requirements for a granny flat include having at least one granny flat on each lot, having a courtyard at least 4 meters in width and 24 meters in total size, and adhering to the Housing SEPP for Exempt and Complying Development Codes. If your granny flat falls under the Housing SEPP terms, you cannot subdivide your land.

    There are other options to explore besides constructing a granny flat, such as home extensions, studios, and downsizing to apartments.

    Content Summary: 

    • A Granny Flat is an additional dwelling that may be constructed in the backyard of an existing home and features up to 60 square metres of living space.
    • You can build a Granny Flat without council approval if your property meets minimal site requirements (such as block size).
    • A granny flat is a secondary residential unit, usually smaller than the primary residence, that shares a lot with the latter. '
    • A DPU, or Dependent Person's Unit, is the legal term for a granny flat.
    • Parking space for multiple vehicles and a large yard are also necessities for a secondary home.
    • Any additional structures on your property will require planning permission.
    • Check out the requirements that affect homeowners who want to construct a granny flat and where to find them in this comprehensive guide.
    • The paperwork and permits for constructing a granny flat are similar to those needed for constructing any other type of dwelling.
    • A granny flat can be a great investment if you plan to rent it out or increase the value of your property, but you can't afford to be sloppy and build it as you please.
    • There are regulations concerning everything from the number of granny flats to their size and whether or not they can be rented out.
    • Granny Flats has extensive experience with the approval procedure and has compiled this guide to assist you.
    • Unless otherwise specified by your local municipality, a lot size of 450 square metres is the minimum on which a granny flat can be constructed.
    • A granny apartment can only be constructed on the same lot as the main house.
    • There are restrictions on constructing granny flats as the first structure on unoccupied land.
    • Only one granny flat can be constructed on any given piece of land.
    • A granny flat must be at least 3 metres away from any fence.
    • The greater the height of your granny flat, the more space you'll need between it and the fence.
    • Does a granny flat require special permits from the city?
    • Obtaining a CDC from a Certifier requires a granny flat recognised as complying with development under the Affordable Housing SEPP.
    • For a granny flat to be considered a compliant development, the site must meet the following minimal requirements: Integrating into the primary residence (which already exists).
    • You can apply for a granny flat addition if your property doesn't satisfy this standard.
    • In addition to concerns about the necessary permissions, homeowners considering building a granny flat often have the following enquiries.
    • The quick answer is that it is possible to convert an existing space in your home into a granny flat.
    • However, there are precise laws that must be met for the granny flat you're building to be legal.
    • It is legal to construct many granny flats on a single lot.
    • Can I construct and live in a secondary dwelling, a granny flat, while your primary house is being constructed?
    • For this reason, we have amended the regulations about short-term housing to allow you to set up a granny flat, a trailer, or a similar unit on your property without obtaining permission from the local government.
    • You must get a final occupation certificate within five years of getting your first one.
    • According to the State Environmental Planning Policy, a granny flat can be built in a residentially zoned lot.
    • One compliant development certificate should be issued for both dwellings, and it can be done by either your local council or a professional certifier.
    • The Housing SEPP has numerous regulations and development norms that your granny flat must adhere to.
    • If your granny flat falls under the Housing SEPP terms, you cannot subdivide your land.
    • To construct a granny apartment on your land, you must take the following measures. Verify that any local ordinances or covenants do not prohibit the addition of a granny flat.
    • Find out if you only need planning permission, a construction permit, or both to construct a granny flat.
    • A building surveyor will assess your property's boundaries and the available height to determine whether or not you have room to construct a granny flat and, if so, how high above ground it must be.
    • Before you can receive a construction certificate from the council that will allow you to begin building, you will need to get your plans approved by either a private or municipal certifier.
    • A private certifier will be faster and more responsive in most cases, while a local council certifier will be less expensive.
    • If you want to construct a granny flat independently, you must either approve material alternatives from your builder or kit provider or buy them yourself.
    • To complete the hookup of your granny flat, you'll also need the services of an electrician and a plumber.
    • Consider whether these costs are factored into the price of your granny's apartment as you set aside money for it.
    • There are other choices to explore besides constructing a granny flat.

     

    FAQs About Granny Flats

    Regulations may stipulate that only family members or certain individuals, such as caregivers or seniors, can live in granny flats.

     

    Some jurisdictions may have accessibility requirements for granny flats, especially if they are intended for elderly or disabled occupants.

     

    Converting an existing structure into a granny flat is often possible, but it still requires compliance with local regulations and permits.

     

    Tax laws can vary, but there may be property tax implications, deductions for certain expenses, and potential rental income reporting requirements.

     

    To learn about the regulations in your area, contact your local city or county planning department or consult with a local architect or builder familiar with zoning and building codes.

    Scroll to Top