So, you’re mulling over the idea of adding a granny flat? These versatile structures are a game changer for your property’s functionality and finances, but navigating council approval can be daunting. This 2025 guide provides an updated, state focused roadmap to help you confidently understand the rules and requirements, ensuring a smooth approval process.
This guide includes:
- Queensland State Council
- Victoria State Council
- New South Wales State Council
- South Australia State Council
- Western Australia State Council
- Tasmania State Council
- Northern Territory State Council
- Australian Capital Territory State Council
From our experience, understanding the foundational rules in your specific area is the most critical first move. Regulations vary significantly, and this guide lays out the essential information for each Australian state. For a complete guide, see our Granny Flat Handbook.
We are seasoned specialists in portable building design and manufacturing, with 20+ years of expertise in the Australian industry. We stand ready to be your partner, simplifying the entire journey for you.
Ready to bring your granny flat vision to life? Contact Elite Portables Today to discuss your project.
Queensland State Council
In Queensland, secondary dwellings like granny flats have a clear regulatory framework, with recent changes making it easier for owners. Our experience shows that while a building approval is always necessary, a development application may also be required depending on your local council’s specific rules. Critically, in 2022, the state government updated its planning regulations to allow granny flats to be rented to non-family members without the need for a new application. For detailed clarification on the difference between a secondary dwelling and a dual occupancy legal definition in QLD, our specialized guide breaks down the crucial size and compliance distinctions.
The core process in Queensland involves:
Understanding the New Regulations: Be aware that you can now rent out your granny flat to anyone, even if they aren’t a member of your family. This policy change applies statewide.
Checking with Your Local Council: You must consult with your local council to confirm if a development approval is needed, as rules can vary depending on zoning and specific site conditions.
Engaging a Building Certifier: A building certifier will ensure your structure complies with all building and fire safety codes, which is a mandatory step before any construction or conversion.
Following the Building Code: While planning rules have changed, fire and safety regulations have not. A change in occupancy may require a new building application to ensure full compliance with the building code.
For a full guide to the current policies, see the Planning Issues and Interests page.
Victoria State Council
Victoria has made significant changes to its planning regulations, making it much easier to add a small second dwelling to your property. Since December 2023, a small second home of up to 60 square metres no longer requires a planning permit in most cases. This is a game-changer for homeowners. However, it is crucial to remember that a building permit is still a requirement to ensure the structure meets all safety, amenity, and design standards.
Here’s how to navigate the new rules in Victoria:
Understanding the New Definition: A ‘small second home’ is now defined as a dwelling of 60 square metres or less, complete with a kitchen, bathroom, and toilet, located on the same lot as the main home.
Permit Requirements: In most cases, you will not need a planning permit. However, a building permit is always mandatory to ensure compliance with all safety and building code standards.
Occupancy and Renting: A significant change is that anyone can live in or rent out the small second dwelling, including non-family members, subject to the same tenancy laws as any other home.
Restrictions to Consider: The new dwelling cannot be subdivided or sold separately from the main home, and it must not be connected to reticulated natural gas.
For a full guide to the changes, see the Small Second Dwellings page.
New South Wales State Council
New South Wales has a well-defined and popular approval process for granny flats, largely governed by the State Environmental Planning Policy (Housing) 2021 (Housing SEPP). This policy provides two primary approval pathways: a fast-tracked Complying Development Certificate (CDC) or a traditional Development Application (DA). This streamlined approach makes NSW one of the most straightforward states for adding a secondary dwelling, provided you meet all the key requirements.
The primary regulations in NSW require that:
Approval Pathways: You can use a fast-tracked Complying Development Certificate (CDC) if your proposal meets all the specific rules, or a Development Application (DA) through the local council if your project falls outside these set standards.
Property Requirements: The property must be in a residential zone, have a minimum lot size of 450 square metres, and have a 12-metre width at the building line of the main house.
Size and Layout: The maximum internal floor area for a granny flat is 60 square metres. It must also meet specific setback requirements from the rear and side boundaries, and can only be one granny flat per lot.
Occupancy: The owner of the granny flat must also be the owner of the main dwelling, and the property cannot be subdivided.
For a full guide on legislation and planning pathways, see the NSW Planning Portal.
South Australia State Council
South Australia has recently implemented significant changes to its Planning and Design Code to address housing affordability and increase rental stock. A key change is the removal of the prohibition on self-contained ancillary accommodation, meaning granny flats can now have their own kitchens, bathrooms, and laundries. Furthermore, the maximum floor area for ancillary dwellings has been increased from 60 to 70 square metres. These changes also make it legal to rent out ancillary accommodation to non-family members.
The key points for building in South Australia are:
Self-Contained Dwellings: Granny flats, known as ‘ancillary accommodation,’ are now permitted to be self-contained, offering tenants greater independence.
Increased Floor Area: The maximum floor area has been increased to 70 square metres, making these units more spacious and accessible for a wider range of uses.
Open Rental Market: New rules allow you to rent out your ancillary accommodation to anyone, without restrictions based on family relationships.
Development Approval is Required: Despite the new liberalised rules, development approval is always required, and you will need to engage with a professional to ensure your project complies with the Planning and Design Code.
To learn more about the recent changes, see the Development Regulation Amendments page.
Western Australia State Council
Western Australia has recently introduced significant planning reforms to boost housing supply and cut red tape. The latest changes to the Residential Design Codes (R-Codes) have made it easier than ever to build an ancillary dwelling, commonly known as a granny flat. The reforms remove the minimum lot size requirement for compliant ancillary dwellings and in many cases, remove the need for a planning permit entirely. This streamlined process is a key part of the state government’s push to increase housing options.
The core regulations in Western Australia are:
Removal of Minimum Lot Size: Compliant granny flats can now be built on residential lots of any size. Previously, a minimum lot size of 350sqm was often required.
Size and Exemptions: A granny flat must not exceed 70 square metres in floor area. If the dwelling meets all the “deemed to comply” requirements of the R-Codes, it is exempt from needing planning approval.
No Parking Bay Requirement: In most cases, an additional parking bay is no longer required for the granny flat, which allows for greater flexibility in site design.
Building Permit is Mandatory: While planning approval may be exempt, a building permit is still required for all ancillary dwellings to ensure they meet the National Construction Code and other safety standards.
For more information on the Residential Design Codes, see the WA Planning Portal.
Northern Territory State Council
In the Northern Territory, granny flats are typically classified as a “secondary dwelling” and are subject to the NT Planning Scheme. The rules for building a secondary dwelling are well defined, with a key focus on ensuring the property remains a single residence with ancillary accommodation. The process is straightforward, but it is crucial to ensure your project complies with the specific zone that your property is located in.
The primary requirements in the Northern Territory are:
Planning and Building Permits: Both a development permit and a building permit are required for the construction of a granny flat. These permits ensure that your project meets both the planning scheme and the Building Code of Australia.
Size and Use Restrictions: The secondary dwelling must be a maximum of 50 square metres in floor area, including any carport or veranda, and must be located on the same lot as the primary residence. The dwelling must be used in conjunction with the primary residence and not be subdivided.
Zoning Compliance: You must ensure your project aligns with the specific rules for your property’s zone. For example, a granny flat is only permitted in certain residential zones.
For more information on the application process, see the Building and Renovating Permits and Processes page.
Tasmania State Council
In Tasmania, the planning rules for secondary residences, also known as tiny houses or granny flats, are governed by the Tasmanian Planning Scheme (TPS). A planning permit may not be required if the proposal meets the relevant rules in the main urban residential zones. A secondary residence is a small, self-contained dwelling of up to 60m² that shares services with the main house. You should always confirm your specific circumstances with a qualified planner or your local council to ensure compliance.
The primary planning rules for granny flats in Tasmania include:
Planning Permit Requirements: A planning permit is not required for a single or secondary residence in the main residential zones if the specific planning rules in the TPS are met. You can seek confirmation from your local council or a licensed planning consultant on whether your proposal is a ‘No Permit Required’ application.
Size and Shared Services: A secondary residence is defined as a self-contained dwelling up to a floor area of 60m². It must share the access, parking, water, sewerage, electricity, and telecommunication connections and meters with the single dwelling on the site.
Building and Plumbing Permits: Even if a planning permit is not required, a building or plumbing permit may still be necessary. These are separate requirements from the planning rules.
For more information, see the Tiny Houses Fact Sheet.
Australian Capital Territory State Council
The Australian Capital Territory (ACT) has a clear and well-defined set of rules for secondary residences, which includes granny flats. The key to building a compliant granny flat in the ACT is understanding the territory’s planning requirements, which govern everything from the size of the dwelling to its location on the block. The ACT’s planning authority provides a comprehensive guide to help homeowners navigate the process.
The primary requirements for granny flats in the ACT are:
Size and Use Restrictions: A secondary residence is limited to a maximum floor area of 90 square metres and is generally restricted to one per property. The dwelling must be located on the same block as the main house and not subdivided.
Permit Requirements: The process generally requires a Development Application (DA) and a Building Approval (BA), which must be lodged with the ACT planning authority to ensure compliance with all building and planning codes.
Property Requirements: The block on which you want to build the secondary residence must be a minimum of 500 square metres. It is also important to consider setback requirements from boundaries and other structures.
Accessibility: As per the new 2025 title, new guidelines may be coming, but as of right now, any new secondary residences must meet certain accessibility requirements, which are detailed in the territory’s planning guidelines.
For more information on the planning requirements for secondary residences, see the Planning and Development page.
Step-by-Step Guide to Granny Flat Council Approval
While regulations vary by state, the core process for getting your granny flat approved follows a clear path. This guide provides a simple roadmap to follow, designed to help you prepare for a smooth approval journey.
Step 1: Research Local Regulations
- Check Your Local Council’s Rules: The first move is to explore your local council’s website to find their planning scheme and guidelines for secondary dwellings.
- Understand Zoning Requirements: Verify your property’s zoning. This is paramount as it dictates whether a granny flat is permitted in your area.
- Identify Key Restrictions: Look for maximum size limits, minimum lot sizes, and essential setback requirements to ensure your project is compliant from the start.
- Initial Council Consultation: A quick call to your council’s planning department can clarify initial doubts and provide invaluable insights tailored to your location.
Step 2: Strategic Site Selection & Design
- Choose the Ideal Location: Carefully select the exact placement on your property, considering accessibility and privacy for both dwellings.
- Verify Placement Compliance: Rigorously check that your chosen location adheres to all regulatory requirements, including setback rules.
- Consult Design Professionals: Engaging a professional designer ensures your granny flat meets both your vision and all local regulations.
Step 3: Prepare Your Documentation
- Gather All Required Documents: Compile all necessary architectural plans, site surveys, and engineering reports. Missing documents are a primary cause of delays.
- Create Detailed Plans: Your plans must be comprehensive and clear, showing precise floor plans and site layouts.
- Seek Expert Assistance: If the complexity is daunting, leveraging professional help can ensure your plans meet all stringent council and building code requirements.
Step 4: Submit Your Application
- Formal Application Submission: Once your documentation is ready, submit it to your local council, which can often be done online.
- Understand Processing Timelines: Be aware that processing times can vary significantly. It’s essential to factor this into your overall project timeline.
Step 5: Navigate the Approval Process
- Anticipate & Address Challenges: Be prepared for potential challenges like requests for additional information or neighbour objections. Proactively addressing these ensures a smoother progression.
- Maintain Responsive Communication: Respond promptly and thoroughly to any questions from council officials to keep your application moving forward.
- Practice Patience: Council approval can be a lengthy process. Remaining patient and persistent is crucial for a successful outcome.
Conclusion
Embarking on a granny flat project is an exciting journey, and this guide has provided you with the essential knowledge to confidently navigate the council approval process in 2025. By understanding the specific rules for your Australian state and following a clear step-by-step roadmap, you can ensure a smooth, compliant project from the start.
Elite Portables, with over 20 years of experience, stands ready to be your partner, simplifying this journey by handling the complexities for you. We are dedicated to ensuring your granny flat vision becomes a reality without the hassle.
Ready to get started on your council-compliant granny flat project? Contact Elite Portables Today to discuss your vision and receive a tailored quote.
