What counts as a granny flat?
The planning rules call it an ancillary dwelling: a small, self-contained home on the same lot as a main house. It can have its own kitchen, bathroom and entrance. It is not a separate lot, so it can't be sold on its own.
The main rules
| Rule | In summary |
|---|---|
| Size | Up to 70 m² internal floor area |
| Lot size | No minimum on residential lots since April 2024 |
| Planning approval | Not needed if it meets the R-Codes' standard rules on a residential lot |
| Setbacks | Must meet the normal R-Codes and local setbacks from the boundaries and street |
| Open space | The lot still needs its required open space |
| Who can live there | Anyone, and it can be rented out |
| Parking | Set by the R-Codes and local policy, more flexible since 2024 |
| Building permit | Always required |
When you still need planning approval
- The granny flat is bigger than 70 m².
- It doesn't meet the setbacks or other standard rules.
- The lot is in a rural or special zone, or your council's scheme says so.
- The lot is in a heritage area or affected by special controls.
Other things that can apply
- Bushfire-prone areas need a Bushfire Attack Level (BAL) assessment, and construction to suit.
- Water and sewer. Connections need the Water Corporation's approval, and you can't build over sewer lines without it.
- Strata lots and estates can have their own restrictions on the title.