Complying Development

Exempt & Complying Development

PLEASE NOTE: This summary of the minimum Complying Development requirements for Granny Flats, in accordance with the State Environmental Planning Policy (Affordable Rental Housing) 2009, is to be used as a guide only.

The State Environmental Planning Policy (Affordable Rental Housing) 2009 encourages the development of secondary dwellings, commonly known as granny flats, by:

  • Allowing granny flats to be approved as complying development;
  • Allowing granny flats to be built in all residential zones;
  • Setting clear standards for the development of granny flats.

The following provides an overview of the minimum controls outlined in the Affordable Housing code:

1. Property Size

✓ Your property needs to be a minimum land size of 450 m2

2. Property Width

✓ Your property needs to be 12 meters wide.

3. Total Floor Space

✓ If the block size is between 450 m2 to 600 m2, then 330 m2 is the maximum floor space.

✓ If the block size is between 600 m2 to 900 m2, then 380 m2 is the maximum floor space.

✓ If the block size is between 900 m2 and over, then 430 m2 is the maximum floor space.

4. Setbacks

Rear Fence setback:
✓ 3 meters for land size under 600 m2
✓ 5 meters for land size over 900m2

Side Fence setback:

✓ 900mm for land size under 600m2
✓ 1.5 meters for land size over 900m2

Front setback:

✓ The average distance of the setbacks of the nearest 2 dwelling houses.

Distance of granny flat to the existing house.

✓ Minimum of 1.80 m, otherwise a fire-rated wall will be required.

5. Maximum height of granny flat.

✓ A granny flat cannot be more than 3.8m from natural ground to top of roof.

6. Trees and Landscaping

✓ A 25% minimum landscaping is required / 50% of the above must be behind the main dwelling (house).

✓ Trees over 6 meters need to be minimum of 3m away from the granny flat.

7. Stormwater drainage requirement

✓ Connected to the existing drainage system

✓ Existing drainage easement

✓ On site detention system.

10.7 Planning Certificate (formerly known as the 149 certificate) (2) – This certificate must be obtained from your local council, which outlines any specific classifications that may have been burdened onto your land. These can include whether or not your property is bushfire prone, whether it is susceptible to landslides, tidal waves, flooding, whether there is a mine underneath or has been marked as a biobanking site.

If your land does have such terms, it does not necessarily mean we cannot build; further investigation will be required to meet council’s requirements.


Granny Flat Information Night