Regulations for Granny Flats in NSW

Granny flats, officially known as secondary dwellings in Sydney and all over NSW, are a fantastic way to either keep family close, create a bit of extra income or simply make better use of your space. But before you start planning the layout or picking out paint colours, there’s one big thing to consider: the State regulations.

If you are aiming to build a cosy granny flat in Sydney, Revesby, Ingleburn or any other NSW suburb or city, you must first learn all about the current regulations and site-specific considerations.

You might not know, but New South Wales has strict rules about where and how you can build your secondary dwelling. From property size and zoning to height restrictions and setbacks, understanding these requirements is the first step to turning your granny flat vision into a beautiful reality. Now, we know that all of this might sound complicated, but don’t worry; we’re here to help. Brickwood Homes is a trusted granny flat builder in Australia, and our team has curated all the details you must know to start your granny flat journey with confidence.

Minimum Site Requirements to Build a Granny Flat in NSW

Building a granny flat in NSW has to meet specific legal requirements to ensure safety, privacy and community standards.

Under the Housing State Environmental Planning Policy (Housing SEPP), granny flats can be approved either through a Development Application (DA) or as a Complying Development, depending on the specifications of the property and compliance with set guidelines. That said, here’s a breakdown of the key granny flat building regulations you need to know:

Minimum Lot Size and Zoning

The first and most crucial requirement is the minimum lot size. In NSW, your property must be at least 450 square metres and zoned for residential use, specifically in zones R1, R2, R3, or R4.

The granny flat zoning requirements ensure that your land is suitable for residential development and aligns with local planning policies.

Dwelling Size and Layout

The internal living area of the granny flat cannot exceed 60 square metres. This doesn’t include external features like patios or garages, but it covers all enclosed living spaces, including bedrooms, bathrooms and kitchens. This granny flat size limit NSW ensures the dwelling remains, as the name implies, ‘secondary’ to the primary residence, maintaining the look and feel of a single residential property.

Setback Requirements

The following are setback requirements in building a granny flat according to the NSW regulations:

  • Rear Boundary: At least 3 metres from the rear property line.
  • Side Boundaries: A minimum of 0.9 metres from each side boundary.
  • Distance from Trees: The granny flat must be at least 3 metres away from any tree over 6 metres tall.

Height and Open Space Regulations

The maximum height for a granny flat in NSW is 8.5 metres, which generally allows for a single-story or a modest double-story design. Additionally, the granny flat must have at least 24 square metres of private open space with a minimum width of 4 metres.

If you are confused, we suggest connecting with experts. For example, if you live somewhere in Umina Beach or Woy Woy, get in touch with one of the best granny flats builders in Central Coast. They will visit your property and help you understand all the possibilities to build a modern secondary dwelling.

Number of Dwellings and Subdivision Rules

According to the granny flat regulations in NSW, you can only build one granny flat per lot, regardless of property size. The property cannot also be subdivided to separate the granny flat from the main house. This rule maintains the integrity of the primary residence and prevents overcrowding in residential zones.

Approval Process

The Housing SEPP also allows for both the primary residence and the granny flat to be approved under a single CDC, provided the granny flat meets all the secondary dwelling requirements and the primary dwelling complies with the standards set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

If your property meets all these requirements, you can obtain a Complying Development Certificate (CDC) from a private certifier, streamlining the approval process. However, if your site doesn’t comply with any of these standards, you will need to submit a Development Application (DA) to your local council, which involves a more detailed assessment process.

Trust Brickwood Homes to Help You Complete Your Granny Flat Project with Confidence

Imagine having an “illegal” building in your space simply because you did not understand the dos and don’ts of the NSW granny flat development. It’s just a granny building; it shouldn’t be that stressful, right? That’s why Brickwood Homes is here for you!

As one of the best granny flats builders in Liverpool and Sydney, we make it easier for NSW residents to build a secondary dwelling of their dreams while complying with state regulations. From the initial design phase to the granny flat approval NSW and the final construction and handover, our friendly team will be with you every step of the way. With our trusted builders and consultants, you get beautiful and regulation-compliant granny flat designs in Sydney, Castle Hill and nearby regions. 

Ready to transform your backyard into a versatile, valuable space? Schedule a consultation today and let’s bring your vision to life!

FAQs

Is Council Approval Required in Building Granny Flats in NSW?

No, council approval is generally not required to build a granny flat in NSW if your property meets specific criteria outlined in the State Environmental Planning Policy (Affordable Rental Housing) (AHSEPP).

How Long Does a Granny Flat Take to Be Built in New South Wales?

The construction timeline of a granny flat is not fixed. For example, some granny flat builders in Castle Hill may complete your project in 11 weeks, and others might take only 9 weeks or less.

However, to give you an idea, the construction time may vary depending on the design complexity and site conditions, and typically ranges from 8 to 12 weeks.

Is it Possible to Build 2 Granny Flats in NSW on the Same Property?

No, it is not possible.

Currently, the New South Wales granny flat rules permit only one granny flat per lot, and the property cannot be further divided to separate the secondary dwelling from the primary residence.

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