Complying development granny flat approval
What rules apply for granny flat approvals in NSW?
In NSW, granny flats can be approved without the owner needing traditional council development approval, however this is subject to meeting a set criteria.
In 2009, the NSW Government released the Affordable Housing State Environment Planning Policy (SEPP). This policy permits all residential homeowners to build a granny flat on their property if it is larger than 450m2, with a minimum 12m street frontage.
The NSW Affordable Housing SEPP also allows homeowners to obtain approval for a granny flat from a private certifier through a Complying Development Certificate.
Obtaining a Complying Development Certificate
A Complying Development Certificate is a combined planning and construction approval for straightforward development via a fast-tracked assessment by a council or an accredited certifier. Applicable to homes and businesses, the complying development rules allow the property owner to undertake various types of construction on their property, including a new secondary dwelling, alterations to the primary dwelling, and much more.
This means you can have a granny flat built in your backyard, without a visit from the local council inspector! This saves you time and means someone like Backyard Grannys can prepare and submit all documentation required to a private certifier on your behalf, managing the project from start to finish.
The NSW Affordable Housing SEPP has released a helpful guide on site requirements for secondary dwellings and everything you need to know if you choose to build a granny flat.
The minimum site requirements for a granny flat approval
As detailed in the Secondary (Granny Flats) Fact Sheet the site requirements for a granny flat are:
- The property must have a minimum area of 450m².
- Property must be zoned residential.
- There must be a 12m width at the building line of the existing dwelling. If your property does not meet this requirement, you could apply for an attached granny flat.
- Maintain a 3.0m setback from the rear and 0.9m from side boundaries.
- Maintain a distance of 3.0m from any existing trees that are over 6m in height.
- Maximum 60m² internal area for your granny flat.
Granny flat setback requirements for approval on your block size:
| Lot size (sqm) | Min. frontage (lineal metres) | Min. side setback height <=3.8m | Min. rear setback height <=3.8m |
|---|---|---|---|
| 450-900 | 12m | 0.9m | 3m |
| 900-1500 | 15m | 1.5m | 5m |
| 1500+ | 18m | 2.5m | 10m |
The diagram below shows the requirements for a block between 450sqm & 900sqm in size. You can refer to the Secondary Dwellings (Granny Flats) Fact Sheet for further details of large site requirements.
No council approval means you can build faster
With all this in mind, have you considered building a granny flat on your property? Building with the granny flat specialists ensures the project is delivered on time, within your budget and with no council approval needed. There’s never been a better time to build a granny flat, as the NSW Secondary Dwelling Fact Sheet puts it:
"The NSW Government has made granny flats, easier and faster to build. We aim to help mums and dads create a place for those who need a space of their own, like elderly parents or those generation Y children who haven’t yet left home. These secondary dwellings also give families the chance to use a Granny Flat as a source of additional income in these challenging economic times."
