Do I need council approval to build a granny flat?

We often get asked, “Do I need council approval to build a granny flat in NSW?” And the answer to that is “most likely not, but let’s look at your property first” since your property must adhere to certain requirements.

Since it was introduced in July 2009, the State Environmental Planning Policy (Affordable Rental Housing) (AHSEPP) has set out the specific standards that allow the construction of granny flats without the council’s involvement. If the necessary criteria are met, a qualified private certifier can certify your granny flat as a Complying Development (CDC).

The basic granny flat building standards in NSW must be understood if you intend to begin your granny flat project. Knowing these requirements will enable you to avoid repeating certain steps, saving you time, effort, and money.

The following requirements are a starting point for you to check if you can build a granny flat without council approval using a CDC pathway or if you actually need a DA.

We advise you to check your lot first. If the lot meets the requirements for building granny flat, you may then check the size of granny flat that can be constructed.

Step 1. Check your lot

• A minimum lot size of 450 m² is required.
• A street frontage of at least 12 metres is required.
• For your granny flat, you must have a courtyard area measuring 24 m² with an area of at least 4 meters wide.
• You must maintain a three-meter setback from the main house’s back and a 0.9-meter distance from its side boundaries.
• Any existing trees that are taller than six metres must be kept three metres away from your building site.
• Per lot, only one granny flat may be constructed.

If your lot does not meet the above requirements, then you’ll need a DA. Contact your local council or your nearest Scandi accredited builder if you want to explore your options for building a granny flat.

Step 2. Check what size granny flat you can build on your land

• The maximum internal space is 60 m², which cannot be exceeded.
• Your granny flat shall not exceed 8.5 metres in height.

If the above requirements meet the standards for CDC, then you most likely do not need council approval to build a granny flat.

Application forms for a granny flat in NSW

You must fill out the authorised Compliant Development Certificate (CDC) application form provided by the council or your designated qualified certifier in order to submit an application for a granny flat as a complying development. The granny flat could be approved in 20 days using this pathway.

If the granny flat does not conform to the standards for compliant development, then a comprehensive development application (DA) must be filed with the appropriate municipality.

If you have a question about building a granny flat in your backyard, get in touch with the Scandi accredited builder in your local area to find out all you need to know.

Find more information on NSW planning portal: https://www.planningportal.nsw.gov.au/development-assessment/complying-development/granny-flats

Building a granny flat, called small second dwelling, in Victoria can be done without council approval as long as specific criteria is met. This guide will help you understand the steps and requirements to determine if you need a planning permit or just a building permit for your project.

Step 1: check if Your project is a ‘Small Second Dwelling’
Before moving forward, check if your proposal meets the basic criteria for a small second dwelling:

• There is an existing dwelling on the lot.
• The proposed small second dwelling is 60 m² or less in floor area.
• The small second dwelling does not exceed the maximum building height specified in the zone.
• It includes essential facilities such as a kitchen sink, food preparation area, bath or shower, toilet, and wash basin.
• There is no other small second dwelling already on the lot.
• The small second dwelling is not connected to a reticulated gas service.
• If located in a Neighbourhood Residential Zone or General Residential Zone, the minimum garden area requirement is met. For a 400-500 m² size block, minimum percentage of garden area is 25%, for above 500 – 650 m² it is 30% and above 650 m² it is 35%.
• If in a rural zone, access, sewerage, water, and electricity requirements are met.
• Separation distances from wind farms and other specified areas are met for rural living zones.

If you answered “yes” to all these criteria, your proposal is likely eligible to be assessed as a small second dwelling. Proceed to Step 2.

Step 2: Do You Need a Planning Permit?
Many small second dwellings won’t require a planning permit, but it depends on your land’s zoning and any overlays. Check your zoning at planning.vic.gov.au. Here’s a quick overview:

No Planning Permit Required:

• Low Density Residential Zone
• General Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone, Residential Growth Zone, Township Zone (if your lot is larger than 300 m²)
• Rural Living Zone, Farming Zone, Rural Activity Zone (unless there are specific earthworks or setback requirements)

Planning Permit Required:

• Green Wedge Zone, Green Wedge A Zone, Rural Conservation Zone
• Lots under 300 m² in the applicable residential zones
• If an overlay applies, such as Heritage, Neighbourhood Character, or Design and Development overlays, check the planning scheme for specific requirements.

Some planning applications may qualify for the fast-track VicSmart process, with approval in as little as 10 days. Always confirm with your local council.

Step 3: Do You Need a Building Permit?
Yes, a building permit is always required to construct a small second dwelling. It ensures that the proposed building complies with the relevant building regulations. Your building permit will specify whether an occupancy permit or a certificate of final inspection is needed on completion.

Step 4: Are There Any Other Restrictions?
Check for additional restrictions that might affect your proposal:

• Restrictive Covenants: These may limit construction options.
• Section 173 Agreements: These agreements can impose additional conditions on your land.
• Easements: Ensure your building does not interfere with easements on your property.

Step 5: Considering Renting Out Your Small Second Dwelling?

If you plan to rent out your small second dwelling, it must comply with rental property standards, including room sizes, facilities, and smoke alarms. Ensure it meets minimum rental standards as set by Consumer Affairs Victoria.

For more information about building a granny flat, visit the Victoria Planning Portal. 

For personalized assistance and advice, you can also consult with your builder.

The programme that had streamlined ‘no permit required’ approvals for constructing ancillary dwellings like granny flats and studios is now closed. 

The Tasmanian Department of State Growth had a $10,000 Ancillary Dwelling Grants Program, running which had streamlined ‘no permit required’ approvals for constructing ancillary dwellings like granny flats and studios to tackle housing supply challenges. This program closed on 31 December 2023 at 3:00 pm. For more information, you can check this page and contact the grants team.

For more information, please visit Tasmanian Government consumer building information.

Information for other states coming soon…