NSW granny flat rules checker

Free. The optional address lookup uses NSW Government planning data. Which controls apply to a site

Site

    From the LEP's Land Zoning Map or the s 10.7 certificate. The Housing SEPP provisions apply in R1 to R5; complying development in R1 to R4.

    Lot

    From the plan or the s 10.7 certificate, excluding the access laneway of a battle-axe lot. An attached or separate secondary dwelling needs at least 450 m² for complying development.

    The boundary with the primary road, measured at the building line: 12 m to 900 m², 15 m to 1,500 m², 18 m above.

    Dwellings

    Is there a principal dwelling on the lot, or will one be built with the granny flat?

    A secondary dwelling is established in conjunction with a principal dwelling on the same lot. Check the applicable LEP and approval pathway.

    Are there any other dwellings on the lot?

    Check the applicable LEP and approval pathway for rules about other dwellings on the lot.

    How will the granny flat relate to the house?

    For a separate building or an extension, check the applicable LEP and approval pathway.

    Measure under the applicable Housing SEPP and LEP rules for this proposal. If unsure, leave blank. If an earlier link excluded parking, confirm the measurement or enter it again.

    Constraints

    Is the lot, or a building on it, a heritage item?

    Check LEP schedule 5, the State Heritage Register, interim heritage orders and draft listings, as well as the s 10.7 certificate.

    Is the lot in a heritage conservation area?

    From the LEP's Heritage Map or the s 10.7 certificate, including a draft conservation area.

    Is the lot bush fire prone land?

    Land on the council's bush fire prone land map certified by the RFS; shown on the s 10.7 certificate.

    Is the building area rated BAL-40 or flame zone (BAL-FZ)?

    From a bush fire attack level assessment. Complying development is unavailable in BAL-40 and BAL-FZ (cl 1.19A).

    Is the lot a flood control lot?

    A lot to which flood-related development controls apply for dwelling houses, as stated on the s 10.7 certificate.

    Is the building site in a flood storage area, floodway, flow path, high hazard or high risk area?

    As certified by the council or a hydraulic engineer (s 58(1)).

    Is the lot environmentally sensitive land, or in a buffer, river front, ecologically sensitive or protected area?

    Areas an EPI identifies under those names (Codes SEPP cl 1.19(1)(e)); listed on the s 10.7 certificate.

    Does any other Codes SEPP exclusion apply (critical habitat, wilderness, reserved land, acid sulfate soils class 1 or 2, contaminated land, biobanking, coastal hazard, foreshore, ANEF 25 contour, drinking water catchment)?

    Check Codes SEPP cl 1.17A and cl 1.19(1)(b) to (j), as well as the s 10.7 certificate.

    Result

    Choose a zone, or look up an address, to start. Each test appears here with its clause as you answer, and the pathway updates as you go.

    Indicative only. A certifier or council decides; setbacks, height and site coverage are not tested, and the LEP, DCP and site constraints apply.

    Indicative only. The checker applies selected Housing SEPP and Codes SEPP tests to your answers and mapped data as a starting point. For an attached or separate secondary dwelling, it tests the Schedule 1 combined floor area limit when you enter that measurement. It does not check the separate dwelling-house floor area limit for a development application under s 52, determine whether a dwelling house is permissible, test setbacks, height or site coverage, read the council's LEP and DCP, or confirm the BAL, flood or heritage status a certifier will rely on. A certifier or council decides, and site constraints, the LEP and the DCP apply. This is not a guarantee of approval. The checker runs in your browser. Address searches go through Plynth to NSW planning services, and lookup responses can be cached. A share link includes your answers in its address.

    What is a granny flat in NSW?

    In NSW a granny flat is a secondary dwelling: a self-contained dwelling established in conjunction with the principal dwelling, on the same lot, and either within, attached to or separate from it. The definition comes from the Standard Instrument LEP Dictionary.

    Chapter 3, Part 1 of the State Environmental Planning Policy (Housing) 2021 sets statewide rules for secondary dwellings. It applies in Zones R1 to R5 or equivalent zones where a dwelling house is permissible and allows a secondary dwelling with consent. Its consent rules include a 60 m² floor area cap unless another environmental planning instrument permits more, and require that no other dwellings share the lot. Section 51 restricts subdivision of a lot developed under these provisions. Rural zones sit outside the Part; check the LEP's land use table and clause 5.5 where adopted.

    The two approval pathways

    The checker gives an indicative pathway based on the tests it can run. A certifier or council must assess the full requirements.

    1

    Complying development certificate

    A private certifier or council can issue a complying development certificate (CDC) without a merit assessment when the proposal meets the applicable standards and is not on excluded land. For an attached or separate secondary dwelling, the rules include a lot of at least 450 m² and limits on floor area, height, setbacks and site coverage. Ordinary lots have frontage requirements; battle-axe lots have different access requirements. Different rules apply to a secondary dwelling entirely within an existing house. Check s 54 and Schedule 1 of the Housing SEPP and the Codes SEPP exclusions.

    2

    Development application

    Where a standard is missed, the land is excluded from complying development, or the zone is R5, the proposal goes to council as a development application under s 52. Council must still refuse it if other dwellings would share the lot, the two dwellings together exceed the floor area allowed for a dwelling house, or the secondary dwelling exceeds 60 m² or the LEP's larger figure. Council then weighs the LEP, the DCP and the site under s 4.15 of the Act; 450 m² for a detached secondary dwelling is a non-discretionary standard, not a bar.

    Complying development standards by lot area

    Schedule 1 of the Housing SEPP sets the standards a certifier applies to a secondary dwelling attached to or separate from the house. The checker tests the lot area, frontage and floor areas; the rest need a site plan.

    Standard450 to 900 m²More than 900 to 1,500 m²More than 1,500 m²Provision
    Minimum lot area450 m²450 m²450 m²s 54(2)(c)
    Frontage at the building line12 m15 m18 mSch 1 cl 2(1)(b)
    Secondary dwelling floor area60 m²*60 m²*60 m²*Sch 1 cl 4(1)
    Both dwellings and attached structures330 m² (to 600 m²) or 380 m²430 m²430 m²Sch 1 cl 4(2)
    Site coverage50%40%30%Sch 1 cl 3
    Building height8.5 m8.5 m8.5 mSch 1 cl 6
    Primary road setback (non-classified road)Neighbours' average or 4.5 mNeighbours' average or 6.5 mNeighbours' average or 10 mSch 1 cl 7
    Side setback0.9 m1.5 m2.5 mSch 1 cl 9
    Rear setback3 m5 m10 mSch 1 cl 10

    *Or the larger floor area the LEP permits for a secondary dwelling. Clause 5.4(9) can allow the greater of 60 m² or a percentage of the principal dwelling. A classified road has a separate primary road setback rule in Schedule 1 cl 8. Side and rear setbacks grow with height above 3.8 m. Battle-axe lots need a 3 m laneway and a 12 m by 12 m lot behind it; a corner lot's secondary road setback is 2 to 5 m by lot size.

    What the checker does not test

    • The zone, lot area and mapped constraints come from NSW Government data as a starting point; the answers about dwellings, floor area, frontage, BAL, flood hazard and other exclusions are yours. Confirm each against the LEP, the DCP and the s 10.7 planning certificate.
    • Setbacks, building height, site coverage, parking, privacy and the Building Code of Australia are not tested. A certifier checks the requirements that apply to the proposal and its site plan.
    • For attached or separate dwellings, the checker tests the Schedule 1 combined floor area limit for complying development when you enter that measurement. It does not check the separate dwelling-house floor area limit for a development application under s 52, or determine whether a dwelling house is permissible in the zone. Check those matters for the site.
    • Council LEPs can permit a larger secondary dwelling under clause 5.4(9), and a non-standard instrument can use equivalent zones. Read the LEP that applies to the land.
    • Mapped layers show what is mapped, not what a certifier will find: bush fire prone land is not a BAL, a flood planning map is not a floodway certification, and heritage mapping lags draft items and interim orders.
    • An answer of "unsure" never counts as a pass. A likely complying result requires the checker's tests to pass, but items marked as notes may still need checking.

    Frequently asked questions

    What is a granny flat under NSW planning law?

    A granny flat is a secondary dwelling: a self-contained dwelling established in conjunction with the principal dwelling, on the same lot of land, and within, attached to or separate from it. The Standard Instrument LEP Dictionary sets that definition and the Housing SEPP applies it.

    What are the NSW granny flat rules for complying development?

    For an attached or separate secondary dwelling, s 54 and Schedule 1 of the Housing SEPP set requirements for the lot, frontage, floor area, height, setbacks and site coverage. The lot must be at least 450 m², excluding a battle-axe laneway, and the land must not fall within the applicable exclusions. Work that erects or alters a basement or a roof terrace on the topmost roof is outside this complying development pathway. Different rules apply to a secondary dwelling entirely within an existing house. Check all applicable standards with a certifier or council.

    How big can a granny flat be in NSW?

    The Housing SEPP caps a secondary dwelling at 60 m² of floor area, or a larger area if another environmental planning instrument permits it (s 52(2)(c) and Schedule 1 cl 4(1)). An LEP may allow the greater of 60 m² or a percentage of the principal dwelling's floor area under clause 5.4(9). For complying development of an attached or separate secondary dwelling, the principal dwelling, secondary dwelling and attached ancillary structures together must also stay within 330 m² on a lot of 450 to 600 m², 380 m² up to 900 m² and 430 m² above that. Check the different floor area definitions that apply to the secondary dwelling and to the combined limit, including their treatment of parking.

    Can I build a granny flat on a 450 m² block?

    A 450 m² lot meets the minimum for an attached or separate secondary dwelling under the complying development pathway (s 54(2)(c)). It also meets the 450 m² non-discretionary standard for a detached secondary dwelling in a development application (s 53(2)(a)). Other complying development requirements still apply, including frontage, site coverage, setbacks and land exclusions. Below 450 m², complying development is not available for an attached or separate secondary dwelling, though a development application can still be made. Different rules apply to a secondary dwelling entirely within an existing house.

    Do I need a DA for a granny flat in NSW?

    Not always. A private certifier or council can issue a complying development certificate for a proposal that meets the applicable standards on land that is not excluded. A proposal that misses a standard, sits on excluded land or is in Zone R5 may need a development application to council under s 52. Rural land is outside the Housing SEPP secondary dwelling provisions; the LEP decides whether a secondary dwelling is permitted there.

    Are granny flats allowed on rural land in NSW?

    The Housing SEPP's secondary dwelling provisions apply only in residential zones R1 to R5. In rural zones RU1 to RU6 a secondary dwelling is permitted only where the LEP's land use table lists it, usually with consent, and the Standard Instrument's optional clause 5.5 lets the LEP cap the floor area (a square-metre figure or a percentage of the principal dwelling) and the distance between the two dwellings. Read the LEP for the land.

    Can a granny flat be subdivided or strata titled?

    Section 51 of the Housing SEPP prevents consent for subdivision of a lot developed under its secondary dwelling provisions. Clause 2.6(2) of the Standard Instrument LEP also prevents a subdivision that would put the principal and secondary dwellings on separate lots unless each resulting lot meets the minimum lot size on the Lot Size Map. Meeting that minimum does not override the Housing SEPP restriction. Check the applicable instruments and obtain advice for the site.

    What are the requirements for an unapproved granny flat in NSW?

    An unapproved granny flat may have been built, converted or used without the necessary approval. Council can issue orders about the building and its use. Owners, purchasers and people with the owner's consent can apply for a building information certificate under Division 6.7 of the Environmental Planning and Assessment Act 1979. A certificate limits certain council orders for existing matters and, for seven years, matters arising from fair wear and tear. Exceptions apply, including for fire safety and building products. It does not grant retrospective development consent. Ask council or a certifier about the building and its proposed use before buying or renting the property.

    Does a heritage conservation area stop a granny flat?

    For an attached or separate secondary dwelling, clause 1.19(1)(a) of the Codes SEPP excludes land in a heritage conservation area or draft conservation area from complying development. Different rules apply to a dwelling entirely within an existing house. A development application may be available; check the applicable LEP and its heritage provisions with council.

    Can I build a granny flat on bushfire prone land?

    Often, but not in the worst-rated part of it. Complying development cannot be carried out on land in bush fire attack level 40 (BAL-40) or the flame zone (BAL-FZ) (Codes SEPP cl 1.19A; Housing SEPP s 57(1)(b)). On other bush fire prone land a complying secondary dwelling must conform to Planning for Bush Fire Protection and meet the s 57(2) standards for access, water supply and gas. The bush fire prone land map only tells you the lot is mapped; the BAL comes from a site assessment by council or an RFS-recognised consultant.

    What happens if my lot is flood affected?

    A flood control lot is one to which flood-related development controls apply for dwelling houses, a matter listed on the s 10.7 planning certificate. On such a lot, complying development cannot be carried out on a flood storage area, floodway, flow path, high hazard area or high risk area as certified by council or a hydraulic engineer (s 58(1)), and the dwelling must meet the s 58(2) standards for floor level, flood-compatible materials, structural resistance, refuge access and car parking. Elsewhere on the lot the complying pathway stays open.

    Is this checker a planning assessment?

    No. It applies selected Housing SEPP and Codes SEPP tests to your answers and NSW Government mapping. For an attached or separate dwelling, it can test the Schedule 1 combined floor area limit from your measurement. It does not test the separate dwelling-house floor area limit for a development application under s 52, setbacks, height or site coverage. It does not read the council's LEP or DCP, confirm a bushfire attack level, flood category or heritage status, or apply local variations. A certifier or council decides. Treat the result as a starting point for a conversation with them.

    Where does the address lookup get its data?

    NSW Government services supply the data. The NSW Planning Portal finds the property and returns the zone and lot boundaries; the NSW cadastre supplies lot areas. The lot boundary is also used to query map services for heritage, bushfire, flood and other mapped constraints. Address searches go through Plynth to NSW planning services, and lookup responses can be cached. Contains NSW Government data, CC BY 4.0.

    Sources

    State Environmental Planning Policy (Housing) 2021 and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, current versions for 23 October 2026 to date; Standard Instrument (Local Environmental Plans) Order 2006, current version for 1 July 2026 to date. Read on the NSW legislation website on 8 November 2026. Check the LEP and any local provisions that apply to the land.

    Address lookup data

    Contains NSW Government data from the NSW Planning Portal and NSW Spatial Services, CC BY 4.0. Address searches go through Plynth to NSW planning services, and lookup responses can be cached.

    Continue your site research.

    Explore planning controls for the site, including zoning, floor space ratio and mapped constraints.

    See planning due diligence in Plynth Which planning controls apply to a NSW site Check the floor space ratio for the same site See what the site's zone means