This Siting and Overlay Checklist is designed to help you evaluate your piece of Queensland land before manufacturing begins. In 2026, checking your property’s local overlays is the single most critical step to ensure your custom tiny home can be legally installed without unexpected council delays or engineering costs.
The Queensland Modular Siting & Overlay Checklist
Before transport trucks roll onto your property, print this checklist and cross-reference your site against your local council’s interactive mapping tool (e.g., Brisbane City Council’s City Plan online, Gold Coast’s City Plan interactive mapping, or Sunshine Coast’s Development.i).
1. Council Zoning and Footprint Constraints
- [ ] Primary Dwelling Check: Does the lot already have an established, legally certified primary house? (Required by most QLD councils if you want to classify your fixed tiny home as an un-assessable secondary dwelling).
- [ ] Size Limitations: Is your total internal floor area under the local secondary dwelling limit?
- Brisbane City Council: Max 80m²
- Gold Coast / Sunshine Coast: Max 90m² or 50% of the primary house GFA (whichever is less).
- Ipswich City Council: Max 50m².
- [ ] The 20-Metre Proximity Rule: Will the tiny home sit within 20 metres of the main house? (Many urban QLD councils enforce this to ensure it remains a secondary dwelling rather than an unauthorised dual occupancy).
- [ ] Setbacks: Can you maintain a minimum 1.5m clearance from side and rear property boundaries, and a standard 6m clearance from the front street boundary?
2. Environmental and Hazard Overlays (The Risk Assessment)
- [ ] Flood Overlay (Q100): Is any part of your proposed site inside a flood overlay? If yes, the building must be engineered on elevated steel piers to clear the designated flood planning level.
- [ ] Bushfire Prone Area Overlay: Is your land marked as high or medium bushfire risk? If yes, your building selection must be upgraded to meet specific Bushfire Attack Level (BAL) materials (e.g., BAL-12.5 up to BAL-FZ).
- [ ] Landslide / Sloping Stability Overlay: For properties in the Hinterlands (e.g., Maleny, Mt Tamborine), does a slope overlay apply? If the slope exceeds 15%, an RPEQ geomechanical engineer must certify your screw pile footings.
- [ ] Biodegradation / Koala Habitat Overlay: Is your site within a protected environmental corridor? Clearing native trees to place your tiny home may trigger state-enforced environmental applications and fines.
3. Services and Infrastructure Access
- [ ] Sewer Connection: Is a reticulated mains sewer available? If so, your tiny home must be plumbed into it by a licensed plumber. If you are on acreage with a septic system, an wastewater engineer must certify that your existing system has the capacity for the extra load.
- [ ] Electrical Switchboard Capacity: Does your main house switchboard have the capacity to run a secondary dwelling? Upgrading to an induction-ready sub-board typically requires a 15-amp or 32-amp dedicated circuit run from the main house.
- [ ] Property Access for Delivery: Is there a clear path for a tilt-tray truck or a mobile crane? Watch out for low-hanging power lines, tight turning circles on narrow lanes, and soft ground that could bog heavy machinery.
Frequently Asked Questions (FAQ)
Q1: What happens if my land has a Flood Overlay? Can I still build a fixed tiny home?
Yes, but it cannot sit on the ground on a standard chassis or low stumps. We must use RPEQ-certified engineered steel posts to elevate the sub-floor of the tiny home above the council’s recorded flood planning level, allowing water to pass safely underneath.
Q2: Can I clear trees to make space for my modular building?
Be incredibly cautious. Vegetation management laws are strict across Queensland. If your property falls under a Significant Landscape or Native Vegetation Overlay, you cannot cut down native trees without a specific council permit, even if they are in your direct building path.
Q3: Do I need a separate Council water meter for my tiny home?
For a legal granny flat/secondary dwelling, councils do not require a separate mains water connection. We simply split the water line from your main household pipe. However, installing a private sub-meter is highly recommended if you intend to rent the space out, so you can track usage accurately.
Q4: My property is heritage-listed. Does the 20 SQM or Secondary Dwelling exemption apply?
No. If your property has a Traditional Character or Heritage Overlay, all exemptions are voided. Any external addition, no matter how small or portable, will automatically trigger a full Development Application (DA) to ensure the design respects the historic character of the neighborhood.
Q5: How do I find out what overlays affect my block of land?
You don’t need to pay a consultant. Every major Queensland council provides a free public GIS mapping system online. You simply type your address into their system, toggle the “Overlays” tab, and it will generate a complete report of every environmental, zoning, and hazard restriction tied to your title.
Moving across the border from Queensland to New South Wales introduces a entirely different regulatory playing field. In NSW, the “no-permit” or un-assessable threshold for a modular or portable secondary dwelling is governed under a state-wide framework known as the State Environmental Planning Policy (Housing) 2021 (commonly referred to as the Housing SEPP).
If your modular build meets the fast-tracked Complying Development Certificate (CDC) criteria, you can entirely bypass a traditional local Council Development Application (DA). However, the rules in NSW are heavily dictated by your lot size, zoning, and property overlays.
This NSW Modular Siting and Overlay Checklist is designed to check if your block is eligible for a rapid, streamlined CDC approval pathway.
The New South Wales Modular Siting & Overlay Checklist
To verify your block’s compliance, your first step is to jump onto the NSW Planning Portal or request a Section 10.7 Planning Certificate from your local council (e.g., Central Coast, Wollongong, or Byron Shire Council) to review your specific land constraints.
1. Lot Size, Zoning, and Footprint Constraints
- [ ] Minimum Lot Size Check: Is your total land parcel at least 450 m²?
- The NSW Rule: Unlike QLD, if your lot is under 450 m², a detached modular secondary dwelling cannot be approved via a fast-tracked CDC. You will be forced down the lengthier local council DA route.
- [ ] Zoning Check: Is your land zoned residential? It must be classified as R1, R2, R3, R4, or R5. (Some rural zones also permit them under specific local environmental plans, but R-zones are the state standard).
- [ ] Maximum Floor Area: Is your modular building’s internal floor area 60 m² or less?
- The NSW Rule: The maximum allowable floor area for a secondary dwelling under the Housing SEPP is strict at 60 m² (unless an individual council’s Local Environmental Plan explicitly allows for more).
- [ ] Lot Width: Does your property boundary with the primary road measure at least 12 metres (for lots up to 900 m²)?
- [ ] Setbacks: Can you maintain the mandatory state boundary clearances?
- Side Boundaries: Minimum 0.9 metres clearance.
- Rear Boundaries: Minimum 3 metres clearance (for lots up to 900 m²; this increases on larger blocks).
- Distance from Main House: No strict proximity limit like QLD’s 20m rule, but fire separation walls are required under the National Construction Code if buildings are within 1.8 metres of each other.
2. Environmental and Hazard Overlays (CDC Killers)
NSW is incredibly strict about executing fast-tracked approvals on high-risk land. If your Section 10.7 certificate flags any of the following overlays, your project will generally default to a local council DA:
- [ ] High Bushfire Risk (Flame Zone / BAL-FZ): Is your property mapped within a high-exposure bushfire area? While CDC is allowed in lower BAL ratings (subject to RFS construction standards), you cannot use a CDC if the property is zoned as Flame Zone (BAL-FZ) or at risk of direct flame exposure.
- [ ] Flood Control Lot: Is the lot flagged for flooding? You can only use a CDC if a certified engineer proves the structure complies with specific flood design standards.
- [ ] Heritage and Conservation Overlays: Is your land inside a Heritage Conservation Area or containing a designated heritage item? If yes, the fast-track CDC path is completely blocked.
- [ ] Critical Habitat / Native Vegetation: Is your property located within a critical environmental protection area? If clearing native vegetation or protected trees is required to site the modular home, you must seek local council permission first.
3. Services, BASIX, and Amenity Compliance
- [ ] BASIX Certificate: Have you secured a BASIX (Building Sustainability Index) certificate?
- The NSW Rule: Any residential development in NSW valued over $50,000 must have a BASIX certificate verifying that the building meets strict water and energy efficiency targets.
- [ ] Private Open Space: Does the total lot retain at least 24 m² of private open space directly accessible from the living area of the primary or secondary dwelling?
- [ ] Parking: The Housing SEPP does not require you to provide an additional car parking space for a granny flat. However, if your modular build forces the removal of an existing required parking spot from the main house, that must be replaced on-site.
Key Features of a Premium NSW Modular Build
- Feature: 60 m² Architectural Master footprint – Engineered precisely to maximise the exact state-wide CDC allowance limit without requiring a council DA.
- Feature: Full BASIX Optimization – Double glazing, integrated insulation, and smart cross-ventilation to sail through NSW sustainability audits.
- Feature: Galvanized Steel Pier Sub-floor – Bypasses complex concrete slab earthworks and simplifies mandatory plumbing/pier inspections.
Frequently Asked Questions (FAQ)
Q1: Can I subdivide my land after building a modular home under the Housing SEPP?
No. A core legal standard of the NSW Housing SEPP is that a lot containing a secondary dwelling cannot be subdivided. The secondary dwelling must always remain subordinate to the principal house on a single title.
Q2: What is the difference between a DA and a CDC in NSW?
A Development Application (DA) is submitted directly to your local council and is subject to community consultation and individual council policy. A Complying Development Certificate (CDC) is a fast-tracked checklist assessment processed by a private registered certifier or council, bypassing the standard DA timeline.
Q3: Can I build a modular secondary dwelling in a rural zone?
Yes, but it depends on your local council’s specific Local Environmental Plan (LEP). Some councils have adopted “Clause 5.5” of the standard instrument, which sets customised floor areas and maximum distances allowed between a rural primary and secondary house.
Q4: Do I need to tell my neighbors about a complying development modular build?
Yes. Under NSW rules, there are two mandatory neighbor notification periods handled by the portal or certifier: pre-approval notification and a pre-construction notification before any building tools hit the site. However, neighbors cannot legally “object” to stop the build if it fulfills all SEPP criteria.
Q5: What standard mandatory inspections will my NSW certifier conduct?
For a modular secondary dwelling, a Principal Certifier must carry out specific inspections: footings/piers before concrete placement, the structural frame, wet area waterproofing, stormwater connection points, and a final completion check before handing over your Occupation Certificate.
