What is the Legislation Related to Granny Flats?

Legislation related to granny flats has become confusing, but it’s worth understanding because they offer income and housing opportunity.

In this video, Max Fragar, Principal Planner and PIA Life Fellow, discusses the benefits of the granny flat.

Click on the “Play” button below to watch now:

Or for those that prefer to read, here is a transcript of the video…

What is the legislation related to granny flats? G’day, I’m Max Fragar from the Council Approval Group.

What is the legislation related to granny flats?

It’s become a bit confused, but essentially there are two major areas related to granny flats. There is the state policy, affordable housing, which in some cases has overridden council rules. In other cases, the enabling legislation is in the council rules, the Council local environmental plan.

There were always granny flats they started basically 40 years ago, by my memory, as a place for granny to live. It had to be tied to granny or a family member. That has changed. The state government changed that because it wanted granny flats. It wanted what we now call them secondary dwellings because they said these are a valid form of accommodation.
Not everyone needs a big four-bedroom dwelling. What they want is something small, convenient, close to services, and maybe close to the younger family.

Granny Flat Rules

But it’s not called a granny flat anymore. It’s a secondary dwelling. The rules are, generally, a secondary dwelling needs to be on the same site as the principal dwelling and, most commonly, they’re limited to 60 square metres. We can get a bit more than that by that by a deck or a carport, but they’re generally 60 square metres. There are some differences in rules in some local government areas. In some local government areas they can be 60 square metres or a percentage of the size of the principal dwelling.

There are some things that can’t be used to refuse secondary dwellings, but that’s a bit complex. So it’s a really good part of the legislation. It fills a great part of accommodation provision.

Take the Next Step

So if you want to go ahead, if you want to do it, book a consultation with one of our experienced local government people and we’ll help you through the process. All the best. Have a go.