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. A studio with no kitchen is not a secondary dwelling, and a second house on its own title is a dual occupancy or a subdivision.
What are the NSW granny flat rules for complying development?
Under s 54 and Schedule 1 of the Housing SEPP a secondary dwelling attached to or separate from the house is complying development in Zones R1 to R4 when the lot is at least 450 m² (excluding a battle-axe laneway), the frontage at the building line is at least 12 m for lots up to 900 m², 15 m up to 1,500 m² and 18 m above that, the secondary dwelling is no more than 60 m² unless the LEP allows more, the two dwellings and attached structures stay within 330, 380 or 430 m² by lot size, the building is no higher than 8.5 m, the setbacks and site coverage in Schedule 1 are met, only one principal and one secondary dwelling remain, there is no basement or roof terrace, and the land is not a heritage item, in a conservation area, in BAL-40 or the flame zone, in a floodway or on other land the Codes SEPP excludes.
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)). Most council LEPs adopt clause 5.4(9) of the Standard Instrument, which allows the greater of 60 m² or a percentage of the principal dwelling's floor area, so a larger figure is possible where the LEP says so. For complying development 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. Floor area is measured to the outer face of the external walls and excludes parking.
Can I build a granny flat on a 450 m² block?
A 450 m² lot meets the minimum for complying development (s 54(2)(c)) and the 450 m² non-discretionary standard for a detached secondary dwelling in a development application (s 53(2)(a)). It still needs a 12 m frontage at the building line, a 50% site coverage limit, the Schedule 1 setbacks and no excluded-land trigger. Below 450 m² complying development is not available for an attached or detached secondary dwelling, though a development application can still be made and council keeps its discretion.
Do I need a DA for a granny flat in NSW?
Not always. A proposal that meets every Housing SEPP standard on land that is not excluded can be approved by a private certifier or council through a complying development certificate, usually in weeks. A proposal that misses a standard, sits on excluded land such as a heritage conservation area or flame zone, or is in Zone R5 needs a development application to council under s 52. Rural land is outside the Housing SEPP granny flat provisions altogether; 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?
No. Section 51 of the Housing SEPP stops consent for the subdivision of a lot developed under its secondary dwelling provisions, and clause 2.6(2) of the Standard Instrument LEP stops a subdivision that would put the principal and secondary dwellings on separate lots unless each lot meets the minimum lot size on the Lot Size Map. A secondary dwelling stays on the same title as the house.
What are the requirements for an unapproved granny flat in NSW?
An unapproved granny flat is a secondary dwelling built or converted without a complying development certificate or development consent, or used in a way the approval did not cover. Council can issue orders about the building and its use. The Environmental Planning and Assessment Act 1979 gives owners, purchasers and people with the owner's consent a route for the building itself: a building information certificate under Division 6.7 (ss 6.22 to 6.26). Council issues one when there is no matter that would entitle it to order the building repaired, demolished, altered, added to or rebuilt, or when it does not propose to make such an order; the certificate then stops those orders for matters existing at its date and, for fair wear and tear, for seven years. Council can ask for plans, survey reports and certificates before deciding, and must give reasons if it refuses. A building information certificate does not authorise a use, so whether the dwelling can lawfully be occupied as a secondary dwelling is a separate question for council that usually needs development consent for the existing building and its use. Get advice from council or a certifier before buying or renting a property with an unapproved granny flat.
Does a heritage conservation area stop a granny flat?
It stops the complying development pathway, not the granny flat. Clause 1.19(1)(a) of the Codes SEPP excludes land in a heritage conservation area or draft conservation area from complying development for a secondary dwelling, and clause 1.17A(1)(d) excludes heritage items. A development application to council remains open, and the LEP's heritage clause (usually clause 5.10) sets what council considers.
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 the Housing SEPP and Codes SEPP tests to the answers you give and to NSW Government mapping for the address, and lists each test with the clause it follows. It does not test setbacks, height or site coverage, 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?
From NSW Government services. The NSW Planning Portal's address search finds the property, its planning-layer query returns the zone and the lot boundaries, the NSW cadastre supplies the registered lot areas, and the Planning Portal's map services are queried with the lot boundary for heritage items and conservation areas, the State Heritage Register, bush fire prone land, the flood planning map, environmentally sensitive land, acid sulfate soils, minimum lot size and Codes SEPP exclusion areas. Plynth's server relays each request and caches the answer for about a day; the address is not stored or logged. Contains NSW Government data, CC BY 4.0.