Interesting Info 1 – In NSW, granny flats can be approved in as little as 10 days, without council approval
Building a granny flat in NSW has become a much simpler and quicker process thanks to Government legislation changes in 2009, when the Affordable Rental Housing SEPP was introduced.
The unique change means you no longer require council approval to build a granny flat on residentially zoned blocks in NSW, subject to certain minimum site requirements being met.
This change to legislation now means that instead of enduring a lengthy Development Application (DA) process through council, a private certifying firm can now approve granny flats via a Complying Development Certificate (CDC) approval in as little as 10 days.
The specific rules and site requirements governing granny flats being built via a complying development include:
- Property must be zoned residential
- Property must be a minimum 450m² in area for a detached granny flat. There is no minimum site area for attached granny flats.
- Property must have a 12 metre width at the building line of the proposed detached granny flat. If your property does not meet this requirement you could apply for an attached granny flat.
- Maintain a 3m setback from the rear and 0.9m from side boundaries for block in size between 450-900m². Larger blocks have larger setbacks (refer here for more details).
- Maintain a distance of 3.0m from any existing trees on property that are over 6m in height
- The granny flat built can only have a maximum of 60m² internal floor space.
Complying development provisions for granny flats apply in all residential zoned areas, except rural residential zones. As is the case for complying development of a house under the NSW Housing Code, complying development provisions can also not be used on certain areas such as heritage and environmentally sensitive land.
There are four types of Granny flats which can be built under the complying development rules:
- Detached granny flats – These are built independent of the existing house.
- Attached granny flats – This can be a new addition or a new floor added to a house or garage.
- Granny flat built within an existing house – Where internal alterations are made to create a granny flat typically a separate external entrance is created.
- Granny flats built under a single roof at the same time as a new house
If you want to a free no obligation assessment of your block to see if you can build a granny flat in Newcastle or on the Central Coast without council approval contact us.