Granny flat rules in New South Wales (2026)
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.
Key rules at a glance
| Minimum lot size | 450 m² |
| Maximum floor area | 60 m² (internal living area) |
| Minimum lot width / frontage | 12 m at the building line |
| Setbacks | Rear 3 m, side 0.9 m (complying development) |
| Maximum height | 8.5 m |
| Can it be rented? | Yes - to anyone |
| Approval type | Complying development (CDC) or DA |
| Bush fire prone land | Not a barrier to complying development. Secondary dwellings have their own complying development pathway in Housing SEPP 2021 Chapter 3 Part 1 Division 3, and s 57 allows a CDC on a lot containing bush fire prone land where the build meets Planning for Bush Fire Protection, the dwelling has direct access to a public road and sits within 200 m of it, and there is an adequate water supply. That section stops at land in BAL-40 or the Flame Zone, which a council or an RFS-recognised bush fire consultant determines under s 57(4). Construction to AS 3959 applies. |
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).
Heritage, flood, foreshore and environmental controls on your specific lot can remove the fast-track and require a full application, even when the general rules say you're fine. Bushfire mapped on your lot adds requirements, but does not by itself close the fast-track route.
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.
Planning rules across New South Wales: every route to approval, and the answer for other projects →
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
- Secondary dwellings - NSW Planning ↗
- State Environmental Planning Policy (Housing) 2021 - NSW legislation ↗
- SEPP (Exempt and Complying Development Codes) 2008 ↗
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 NSW Planning Portal before starting work. Last reviewed: July 2026.
Talk to a town planner in New South Wales
This page covers the general rules. A qualified town planner can tell you what applies to your block, including the zone, overlays and approval path, before you spend money on drawings.
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