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.
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.
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 actual block — the zone, the overlays and the approval path — before you spend money on drawings.
- Qualified, practising town planners
- Advice on your property, not a generic rule
- No cost, no obligation