In Victoria the planning permit requirements for building a granny flat (also known as a dependent person’s unit) or a modular home depend on several factors, including the location, size, and zoning of the property. Below is a detailed overview of the key planning permit requirements and considerations:

1. ZONING & OVERLAYS

Zoning: The property’s zoning under the local planning scheme determines whether a granny flat or modular home is permitted. Common zones where granny flats may be allowed include:

• Residential zones (e.g., General Residential Zone, Neighbourhood Residential Zone, Low-Density Residential Zone).
• Rural zones (e.g., Rural Living Zone).

Overlays: Check if the property is affected by any overlays, such as:

• Heritage Overlay.
• Vegetation Protection Overlay.
• Flood Overlay.
• Bushfire Management Overlay.
  These overlays may impose additional restrictions or requirements.

2. PERMIT REQUIREMENTS

Granny Flats: In some cases, a granny flat may not require a planning permit if it meets specific criteria under the Victorian Planning Provisions (Clause 52.03). For example:

• The granny flat must be smaller than 60 square meters.
• It must be used to accommodate a dependent relative (e.g., elderly parent or adult child with a disability).
• It must not be rented out separately from the main dwelling.

If the granny flat exceeds 60 square meters or does not meet the above criteria, a planning permit will likely be required.

https://www.vba.vic.gov.au/consumers/small-second-homes

 3. BUILDING PERMITS

A building permit is always required for the construction of a granny flat or modular home, even if a planning permit is not needed. The building permit ensures the structure complies with the Building Code of Australia (BCA) and relevant Australian Standards.

4. COVENANTS AND RESTRICTIONS

Check the property title for any covenants, easements, or restrictions that may prohibit or limit the construction of a granny flat or modular home.

5. SERVICES AND UTILITIES

Ensure the property has adequate access to services such as water, sewerage, electricity, and stormwater drainage. If the granny flat or modular home requires new connections, additional permits or approvals may be needed.

6. LOCAL COUNCIL REQUIREMENTS

• Each local council in Victoria may have specific requirements or policies for granny flats and modular homes. For example:
• Some councils may limit the number of dwellings on a single lot.
• Others may require a minimum lot size for a granny flat.
• Contact the local council (e.g., City of Melbourne or the relevant municipality) to confirm their specific requirements.

7. ENVIRONMENTAL AND SUSTAINABILITY CONSIDERATIONS

Some councils encourage sustainable building practices, such as energy-efficient designs, solar panels, or rainwater tanks. These may be required or incentivized.

8. FEES

Planning permit fees vary depending on the cost of the development and the local council. Fees typically range from a few hundred to several thousand dollars.

9. TIMEFRAME

The planning permit process can take several weeks to several months, depending on the complexity of the proposal and whether objections are raised.

SUMMARY

To determine the exact planning permit requirements for your property in Melbourne, Victoria:

1. Check the property’s zoning and overlays using the Victorian Planning Portal or contact your local council.
2. Consult with a town planner or building surveyor to ensure compliance with ResCode and local planning schemes.
3. Submit a planning permit application if required and obtain a building permit before starting construction.

New South Wales has one of the most structured and widely used approval systems for granny flats in Australia. The process is primarily governed by the State Environmental Planning Policy (Housing) 2021 (Housing SEPP), which outlines how secondary dwellings can be approved and constructed.

There are generally two approval pathways available when building a granny flat in NSW: a fast-tracked Complying Development Certificate (CDC) or a traditional Development Application (DA) submitted through your local council. Because of these clear approval options, NSW is considered one of the more straightforward states for adding a secondary dwelling, provided the required planning criteria are met.

Key Requirements in New South Wales

Approval Options
If your granny flat design meets the prescribed planning standards, you may be able to use a Complying Development Certificate (CDC) for faster approval. If the project falls outside those requirements, you will typically need to submit a Development Application (DA) to your local council for assessment.

Property Requirements
To qualify for a granny flat under the standard regulations, the property must generally be located within a residential zoning area, have a minimum lot size of 450 square metres, and provide at least 12 metres of lot width at the building line of the primary dwelling.

Size and Placement
Granny flats in NSW are limited to a maximum internal floor area of 60 square metres. The structure must also comply with setback requirements from the side and rear boundaries and only one secondary dwelling is permitted per lot.

Ownership and Subdivision Rules
The owner of the granny flat must also own the primary residence on the property, and the lot cannot be subdivided into separate titles.

For detailed information about current planning policies and approval processes, property owners can visit the NSW Planning Portal.

In Queensland, secondary dwellings such as granny flats are governed by a defined planning framework. Recent updates to state regulations have made it easier for property owners to add and use these types of dwellings.

While a building approval is always required, some projects may also need a development application, depending on the rules of your local council. Zoning, site conditions, and property overlays can all influence whether additional approval is necessary.

In 2022, the Queensland Government introduced important planning changes allowing granny flats to be rented to people outside of the immediate household, without requiring a separate planning application. This update has opened up new opportunities for property owners to generate rental income from secondary dwellings.

However, there are still important distinctions between a secondary dwelling and dual occupancy, particularly in relation to size limits, usage, and planning requirements. Understanding these differences is essential to ensure your project meets the correct regulations.

Key Steps When Building a Granny Flat in Queensland

Understand the Updated Rules
Queensland planning regulations now allow granny flats to be rented to non-family members. This change applies across the state, providing greater flexibility for property owners.

Check with Your Local Council
Before starting your project, it is important to confirm whether a development approval is required. Local councils may have specific requirements depending on zoning and property characteristics.

Work with a Building Certifier
A licensed building certifier must review your project to ensure it complies with structural, fire safety, and building regulations before construction can begin.

Follow the Building Code
Although planning regulations have changed, building and safety standards still apply. If the use of the dwelling changes, a new building application may be required to ensure full compliance with the National Construction Code.

For more detailed information about current policies and planning considerations, refer to the Planning Issues and Interests resources provided by the Queensland Government.

South Australia has recently introduced updates to its Planning and Design Code aimed at improving housing availability and supporting additional rental accommodation. These changes have made it easier for property owners to build and use granny flats, which are commonly referred to as ancillary accommodation in South Australia.

One of the key updates is that ancillary dwellings are now permitted to be fully self-contained, meaning they can include their own kitchen, bathroom, and laundry facilities. In addition, the maximum allowable size for these dwellings has been increased from 60 square metres to 70 square metres, providing greater flexibility and more usable living space.

The updated rules also allow ancillary accommodation to be rented to tenants who are not family members, creating more opportunities for property owners to generate rental income.

Key Considerations for Building in South Australia

Self-Contained Accommodation
Ancillary dwellings can now be designed as fully self-contained living spaces, allowing for independent living arrangements with their own kitchen, bathroom, and laundry.

Larger Maximum Size
The maximum floor area has been increased to 70 square metres, making these dwellings more practical for a wider range of uses.

Rental Flexibility
Property owners are now permitted to rent out ancillary accommodation to tenants who are not part of the household, providing greater flexibility for rental or investment purposes.

Development Approval Required
Despite the updated rules, development approval is still required before construction can begin. Property owners should work with qualified professionals to ensure the project complies with the South Australian Planning and Design Code.

Western Australia has recently introduced planning reforms aimed at increasing housing supply and simplifying the approval process for secondary dwellings. Updates to the Residential Design Codes (R-Codes) have made it easier for property owners to build ancillary dwellings, commonly referred to as granny flats.

These changes are designed to reduce unnecessary planning barriers and encourage the development of additional housing. As part of these reforms, certain requirements have been relaxed, making the process of adding a granny flat more straightforward for many homeowners.

Key Requirements in Western Australia

No Minimum Lot Size Requirement
Under the updated regulations, compliant granny flats can now be built on residential lots of any size, whereas previous rules often required a minimum lot size of around 350 square metres.

Maximum Floor Area
Ancillary dwellings must not exceed 70 square metres of floor area. If the design meets all the “deemed-to-comply” provisions under the R-Codes, the project may not require a planning approval.

No Additional Parking Required
In most cases, property owners are not required to provide an extra parking space for the granny flat, giving greater flexibility when designing the layout of the property.

Building Permit Still Required
Even when planning approval is not required, a building permit is still mandatory. This ensures the structure complies with the National Construction Code and all relevant safety standards.

For further details about these regulations, property owners can refer to the Western Australian Planning Portal and Residential Design Codes (R-Codes).

In Tasmania, secondary dwellings often referred to as granny flats or tiny homes are regulated under the Tasmanian Planning Scheme (TPS). In certain situations, a planning permit may not be required if the proposed structure meets the applicable requirements within the residential zoning rules.

A secondary residence is generally defined as a small, self-contained dwelling with a maximum floor area of 60 square metres that is located on the same property as the primary house. These dwellings typically share essential services with the main residence.

Because regulations can vary depending on zoning and site conditions, property owners should always confirm their specific requirements with their local council or a qualified planning professional before starting a project.

Key Requirements in Tasmania

Planning Permit Considerations
In some residential zones, a planning permit may not be required if the proposal fully complies with the relevant rules under the Tasmanian Planning Scheme. Property owners can confirm whether their project qualifies as a “No Permit Required” development by consulting their local council or a planning consultant.

Size and Shared Services
A secondary residence in Tasmania is limited to a maximum floor area of 60 square metres. The dwelling must share certain services with the primary residence, including access, parking, water, sewerage, electricity, and telecommunications connections.

Building and Plumbing Approvals
Even if a planning permit is not required, building and plumbing permits may still be necessary. These approvals ensure the structure complies with construction standards and relevant safety requirements.