Secondary Dwellings (Granny Flats)

A Complying Development Certificate may be issued for your Secondary Dwelling for land zoned R1, R2, R3 or R4 if the proposal meets all of the relevant development standards.  A Complying Development Certificate can be issued by Council or a Private Certifier and the Complying Development Application must be submitted via the NSW Planning Portal.

You can use the State Environmental Planning Policy (Affordable Rental Housing) 2009 to check whether your proposal is a complying development.

If your proposal does not meet all of the standards you must lodge a Development Application.

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application with Council.

Secondary Dwellings are permissible under land zoned RU1, RU2, RU4, C3, R2, and R3 subject to the consent of Council. The total floor area of the secondary dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a)  60 square metres,

(b)  33% of the total floor area of the principal dwelling

Secondary Dwellings are permissible under land zoned R5 in accordance with Clause 52 of Housing SEPP 2021 – Chapter 3 Diverse Housing Secondary Dwellings, subject to the consent of Council. The total floor area of the secondary dwelling (excluding any area used for parking) must not exceed 60 square metres.

The NSW Department of Planning, Industry and Environment has a useful guide to the DA process.

A detached studio is defined in the State Environmental Planning Policy (SEPP) as a habitable building that is used for purposes ancillary to a dwelling house such as a home office, entertainment area, art studio or guest room and: