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A second home on the block, a guide by Dotto

Granny flats · NSW, Victoria and Queensland

Granny flats: what the rules say

A second home on the block

A granny flat is a small, self-contained home on the same lot as a main house: inside it, attached to it, or standing apart in the backyard. Each state has its own name for it and its own rules, and Centrelink and the tax office use the words for something else again: a right to live somewhere for life.

This guide, published by Dotto, reads the official planning, tenancy, Services Australia and ATO pages and sets out what they say, sheet by sheet. It covers New South Wales, Victoria and Queensland. It names no builder or kit supplier and quotes no prices.

A backyard site plan with a main house and a granny flat A residential lot seen from above, with the street along the bottom. The main house is a grey hatched shape near the street, with a driveway beside it. The granny flat is the one coloured shape, in the back corner of the lawn. Numbered arrows mark the front, side and rear setbacks and the space between the two dwellings, all without figures. A north point sits outside the lot at the top right. The numbers match the key below the drawing. 1 2 3 4 4 5 6 7 8 9
Drawn for this guide, not to scale and not to any state’s rules. The setbacks carry no figures on purpose: the numbers for a real lot come from the planning rules that apply to it.
  1. 1Main house
  2. 2Granny flat (secondary dwelling)
  3. 3Front setback
  4. 4Side setbacks
  5. 5Rear setback
  6. 6Space between the two dwellings
  7. 7Lawn and open space
  8. 8Driveway
  9. 9Street

Three states, side by side

The same backyard building goes by different names and through different approvals in each state. Each cell below is read from that state’s own planning pages; the guides go further.

A granny flat in three states, as each state’s planning pages describe it
StateWhat the state calls itSizePlanning approvalBuilding approvalSelling it off
New South WalesA secondary dwelling, or granny flatA maximum floor area applies to complying development, counting the main house, the granny flat and attached structures such as garages, decks and verandahsDevelopment consent, or complying development if every standard in the Housing SEPP is metComplying development is a combined planning and construction approval, from a council or an accredited certifierThe lot cannot be subdivided
VictoriaA small second home, also called a granny flat, secondary dwelling or accessory dwelling unit60 square metres or lessNo planning permit in most cases, unless the land is under flooding, environmental or other special planning controlsA building permit is still requiredCannot be subdivided or separately sold off from the main home
QueenslandA secondary dwelling, commonly known as a granny flatNo figure on the department’s page; generally smaller in size and scale than the main dwellingAsk your council whether development approval is neededRequired for any new secondary dwellingIt cannot be developed by itself; it always accompanies a main dwelling

Other states and territories have their own rules, which this guide does not cover.


Two meanings of “granny flat”

In planning law, a granny flat is a building. For Services Australia and the ATO, the words describe a right instead, and the right can sit in any kind of home.

A building on the lot

The planning sense: a self-contained dwelling within, attached to, or separate from another dwelling on the same site. The state guides on this site use this meaning.

A right to live there for life

Services Australia: a granny flat interest is a lifelong right to live in one particular home, paid for by the person who holds it, in a property that belongs to someone else. “It’s not a description of the type of property.” The ATO says such an interest “isn’t restricted to what is commonly referred to as a ‘granny flat’.”

The two meanings meet when a parent pays to build a granny flat on a son’s or daughter’s land in return for a home for life. One of Services Australia’s own examples is a couple of pension age who sell their home and pay to build a granny flat on their son’s property, in return for a right to accommodation for life. The pension sheet and the tax sheet take that meaning; the others take the building.


The sheets in this set

  1. Sheet 2

    Secondary dwellings in NSW

    How a granny flat is approved in NSW, where it may go, and why the lot size decides the route.

  2. Sheet 3

    Small second dwellings in Victoria

    What Victoria counts as a small second dwelling, and when a planning permit is still needed.

  3. Sheet 4

    Secondary dwellings in Queensland

    Who may live in a Queensland granny flat since 2022, and what renting one can trigger.

  4. Sheet 5

    Granny flat interests and the pension

    What Services Australia means by a granny flat interest, and how it can be assessed.

  5. Sheet 6

    Granny flat arrangements and CGT

    When the ATO’s capital gains tax exemption for granny flat arrangements applies.

  6. Sheet 7

    Renting out a granny flat

    Tenancy agreements, bonds and rental income, with Queensland as the worked case.

About this guide

This page is sheet 1 of 7. Rules change: the state page linked in each sheet is the one to check before relying on anything here, and your local council can speak to your own lot.

Sources for this page

This guide is published by Dotto and names no builder or kit supplier. Dotto is not a builder and holds no builder’s licence or registration, and does not do or arrange building work. This is general information, not advice. Wherever an official source differs from this page, the source is right.