Granny flats are becoming more and more popular in Sydney. They are an ideal investment if you want to add an extra space for your family, house elderly parents, or generate a rental income. But before you jump into building one, it is very important to understand all the legal aspects of the procedure.
When deciding to build a granny flat on your property, the first question you might ask is:
Do you need council approval for a granny flat?
In some cases, you can skip the council approval, but in others, it will be required. Delve into this blog to learn the certification basics of building a granny flat in NSW and make the process easier to navigate.
When You Don’t Need Council Approval
In New South Wales, you may not need council approval when building a granny flat if your project qualifies under a Complying Development Certificate (CDC).
So, when people ask, “Do you need council approval for a granny flat?” the answer could be no, as long as your property meets a specific set of rules under the NSW State Environmental Planning Policy (SEPP) (Housing).
To become eligible for CDC, your property must meet certain requirements. Some of the most important ones include:
Site Requirement
The most important rule to build a granny flat is the minimum lot size. Your land must be at least 450 square metres in area with a 12m frontage to fall under the eligibility criteria. This includes the space occupied by your main house, backyard area, and driveway. If your block is even slightly under the minimum requirement, you won’t be eligible for CDC approval.
In addition, a main house must already be built on the property. A CDC can’t be issued if you are planning to build both the main house and the secondary dwelling at the same time.
Also, under CDC, only one granny flat is allowed per residential property, which means you can’t build two separate flats on the same property. It is always smart to have a professional, such as Master Granny Flats, conduct a site analysis. It can help confirm whether your block meets the required size before moving forward.
Setback Requirement
Setbacks are the required distances between your granny flat and the boundaries of your property. These rules are placed to enhance safety and privacy. Standard setback rules under CDC include:
- Rear boundary: Your granny flat must be at least 3 metres away from the back fence.
- Side boundaries: A minimum setback of 0.9 metres is required on each side.
- Front boundary: The distance from the street-facing boundary can vary significantly and is dependent on the specific property. Eg. setback can be the average distance of the setbacks of the 2 nearest dwelling houses.
If your property is constructed at a corner lot or has some unique shape and style, these setbacks might significantly affect your design. Also, keep in mind that the total floor area of the granny flat under CDC must not exceed 60 square metres. This size does not count outdoor decks/patios (unless they are enclosed) or attached garages.
Meeting setback requirements is an essential part of building a granny flat. If your design does not comply, you will have to go through the longer DA process, involving council certifiers.
Residential Zoning
Zoning is another crucial factor to take into consideration. Your land must be located in a residential zone to qualify for a CDC. The residential zones that typically qualify include:
- R1 – General Residential
- R2 – Low-Density Residential
- R3 – Medium-Density Residential
- R4 – High-Density Residential
These zoning types allow for dwellings like houses, townhouses, or granny flats. Lands zoned for rural, commercial, industrial, or environmental conservation do not qualify for CDC approval.
When Council Approval Is Required
If your land is too small, your zoning isn’t right, or your design doesn’t meet the standards, you’ll have to go through the Development Application (DA) process with your local council.
This takes more time and costs more money. To get DA approval for a granny flat we will need to submit all necessary plans to council then wait for their decision on approval (which can take weeks to months depending on project complexity). There are also additional costs from local council for this approval process.
So if you’re wondering, “Do I need council approval for a granny flat NSW-wide?”, remember that it varies by site. Each council might have slightly different rules too.
Final Thoughts
So the answer to the question of whether council approval is required to build a granny flat is ‘No’ if your land and design meet CDC rules. However, if you are outside the guidelines, you will have to go through a longer process involving approval from the local council.
At Master Granny Flats, we are here to guide you from planning to approval. We are just a call away to make the process simpler, easier and quicker for you.
