Granny flat rules in Australia
A granny flat, or secondary dwelling, is a smaller self-contained home built on the same lot as an existing house. The rules on size, lot requirements and approval differ in every state and territory, and several were relaxed between 2022 and 2026 to boost housing supply. This guide summarises the current position in each jurisdiction.
The short version
- Every state and territory allows a granny flat (secondary dwelling) on most residential blocks.
- Size caps range from 60 m² (NSW, VIC, TAS) up to 90 m² (ACT), with 60 m² the most common limit.
- NSW, VIC, WA, QLD and TAS can often approve one without a full development application when the standards are met.
- Renting a granny flat to anyone (not just family) is now legal in NSW, VIC, QLD, SA, WA and the ACT.
- A granny flat cannot be subdivided or sold separately from the main house in any state or territory.
Granny Flats rules by state
Frameworks differ across Australia. Pick your state for the size limits, setbacks, approval pathway and FAQs — then check your address for overlays.
Yes. On most residential lots of 450 m² or more you can build a 60 m² secondary dwelling, often as complying development approved by a certifier in around 20 days rather than through a full development application.
Granny Flats rules in NSW →Yes. Since December 2023 a small second dwelling of 60 m² or less on a lot over 300 m² needs no planning permit where no triggering overlay applies - you only need a building permit.
Granny Flats rules in VIC →Yes. Many Queensland councils treat a compliant secondary dwelling as accepted development that needs no planning approval, and since 2022 you can rent it to anyone. Size limits are set by your local planning scheme.
Granny Flats rules in QLD →Yes. Ancillary accommodation of up to 70 m² is allowed on the same allotment as your house. Planning and building approval are always required, but a streamlined deemed-to-satisfy pathway applies where the design meets the Code.
Granny Flats rules in SA →Yes. An ancillary dwelling of up to 70 m² that meets the R-Codes deemed-to-comply rules needs no planning approval - just a building permit - and there has been no minimum lot size since April 2024.
Granny Flats rules in WA →Yes. A secondary residence of up to 60 m² is allowed on a lot where a house is permitted, and it can often be built with No Permit Required if it meets the development standards.
Granny Flats rules in TAS →Yes. A secondary residence of between 40 m² and 90 m² is allowed under the Territory Plan. It normally needs development approval, can be rented on the open market, but cannot be separately titled.
Granny Flats rules in ACT →Yes. A self-contained unit of up to 75 m² is allowed on a lot with an existing house. In many cases it can be built without planning approval if it meets the requirements of the NT Planning Scheme, but a building permit is always required.
Granny Flats rules in NT →Frequently asked questions
Can I rent out a granny flat in NSW?
Yes. A secondary dwelling in NSW can be rented to anyone, not just family, provided it was approved as a separate dwelling.
Do I need a planning permit for a granny flat in Victoria?
Usually no. Since December 2023 a small second dwelling of 60 m² or less on a lot over 300 m² needs no planning permit if there are no flood, environmental, heritage or bushfire overlays, but a building permit is still required.
Can I rent out a granny flat in Queensland?
Yes. A statewide change on 26 September 2022 removed the old rule limiting occupants to household members, so secondary dwellings can now be rented to anyone.
Do I need planning approval for a granny flat in WA?
Not if it meets the deemed-to-comply rules of the R-Codes - up to 70 m² and the required setbacks - in which case only a building permit is needed.
How big can an ancillary dwelling be in South Australia?
Up to 70 m², increased from 60 m² by a November 2024 change to the Planning and Design Code.
How big can a granny flat be in Tasmania?
Currently up to 60 m². A 2026 amendment to increase the cap to 90 m² is out for consultation but not yet in force.
Related building rules
This page summarises statewide rules for general guidance only and is not professional planning advice. Requirements vary by council and change over time — always confirm with your local council or a qualified planner. Last reviewed: July 2026.
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