Granny Flats rules in Australian Capital Territory (2026)
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.
Allowed, but usually needs approval
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.
Key rules at a glance
| Maximum floor area | 90 m² (minimum 40 m²) |
| Separate title | Not permitted (dual occupancy required) |
| Approval type | Development approval typically required |
| Can it be rented? | Yes - on the open market |
| Occupancy restriction | Removed - need not be related |
| Zones | Residential zones (RZ1 to RZ5) |
Conditions & eligibility
- Gross floor area must be between 40 m² and 90 m².
- Stays on the same lease as the main dwelling; cannot be separately titled.
- Occupants no longer need to be related to the main household.
- Can be rented on the open market.
- Lease variation charges may apply for the additional dwelling.
Heritage, flood and bushfire controls on your specific lot can remove the fast-track and require a full application — even when the general rules say you're fine.
How approval works in Australian Capital Territory
A secondary residence normally requires development approval under the Territory Plan. It stays on the same lease as the main house and cannot be separately titled unless you pursue a dual occupancy (generally on a block of at least 800 m²).
The ACT has no local councils; the Territory Plan and lease conditions administered by the ACT Government set all controls, including lease variation charges for additional dwellings.
Granny Flats rules by council in Australian Capital Territory
Local councils apply the Australian Capital Territory framework and can add their own controls. Pick your council:
Frequently asked questions
How big can a secondary residence be in the ACT?
Between 40 m² and 90 m² of gross floor area under the Territory Plan.
Can I rent out a granny flat in Canberra?
Yes. The requirement for occupants to be related to the main household has been removed, so a secondary residence can be rented on the open market.
Can a granny flat be sold separately in the ACT?
No. A secondary residence cannot be separately titled; unit-titling a second dwelling requires a dual occupancy, generally on a block of at least 800 m².
Sources
Related building rules
This is general guidance, not professional planning advice. Figures are summarised from the sources above and can change — confirm with your council or the ACT Planning before starting work. Last reviewed: July 2026.
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