Granny Flats rules in New South Wales (2026)

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.

Fast-track available

Often approved without a full DA

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.

Approval pathway: There are two routes under the State Environmental Planning Policy (Housing) 2021: a fast Complying Development Certificate (CDC) issued by council or an accredited certifier when your lot and design meet the Codes SEPP standards, or a Development Application (DA) lodged with council if they do not.

Key rules at a glance

Minimum lot size450 m²
Maximum floor area60 m² (internal living area)
Minimum lot width / frontage12 m at the building line
SetbacksRear 3 m, side 0.9 m (complying development)
Maximum height8.5 m
Can it be rented?Yes - to anyone
Approval typeComplying development (CDC) or DA

Conditions & eligibility

  • Only one secondary dwelling is allowed per lot, in addition to the principal dwelling.
  • Permitted in residential zones R1, R2, R3, R4 and R5 wherever a house is allowed.
  • Cannot be subdivided or sold separately from the main house.
  • Complying development is not available on heritage, flood-control, foreshore or environmentally sensitive land.
  • Maximum internal floor area is 60 m² (or the lesser of 60 m² and a set share of the main dwelling).
Overlays can change your eligibility

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.

HeritageFloodBushfireForeshoreEnvironmental
Check your address for overlays →

How approval works in New South Wales

There are two routes under the State Environmental Planning Policy (Housing) 2021: a fast Complying Development Certificate (CDC) issued by council or an accredited certifier when your lot and design meet the Codes SEPP standards, or a Development Application (DA) lodged with council if they do not.

Councils can apply extra controls through their Development Control Plan and Local Environmental Plan, and some rural or large-lot zones set different size limits.

Granny Flats rules by council in New South Wales

Local councils apply the New South Wales framework and can add their own controls. Pick your council:

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.

What is the minimum block size for a granny flat in NSW?

450 m². The lot must also be at least 12 m wide at the building line to use the complying development fast-track.

How big can a granny flat be in NSW?

Up to 60 m² of internal floor area under the Housing SEPP. Some minor unroofed areas such as patios and carports are generally excluded from that figure.

Sources

Last reviewed: July 2026. Rules can change — verify with your council before starting work.

This is general guidance, not professional planning advice. Figures are summarised from the sources above and can change — confirm with your council or the NSW Planning Portal before starting work. Last reviewed: July 2026.

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