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Do you need council approval for a granny flat?
The answer depends on your state, and the question conflates two separate approvals that are worth separating first.
Planning approval asks whether the proposed development is appropriate for that site. Building approval asks whether the construction meets the applicable standards. Some states waive or streamline the first. No state waives the second.[1]
By state §
| State | Planning pathway | Building approval |
|---|---|---|
| New South Wales | Fast-track Complying Development Certificate for compliant designs — 60 m² on lots ≥450 m²[2]; can be issued in as little as 20 days[3] | Required |
| Western Australia | No planning approval required for deemed-to-comply designs up to 70 m², on lots of any size since April 2024[4] | Required[1] |
| Victoria | No planning permit required for small second dwellings up to 60 m² in many residential zones[5] | Required |
| Queensland | Determined by local planning scheme | Required |
| South Australia | Planning consent always required — no consent-free pathway[6] | Required[6] |
Fast-track is conditional §
Where a streamlined pathway exists, it applies only to proposals meeting fixed criteria. In NSW, sites affected by flood, heritage or bushfire constraints revert to a full council development application, as do lots below the 450 m² minimum and designs above 60 m².[2]
In WA, the exemption depends on meeting the deemed-to-comply provisions of the R-Codes — setbacks, site cover, height, visual privacy and access.[4]
In Victoria, the exemption applies in many residential zones, not all, and overlays can reintroduce a permit requirement.[5]
The practical implication §
Because eligibility depends on facts about your site rather than on the design, the order of work matters. Establish the site facts first — lot size, zone, overlays, constraints — then determine which pathway is available, then design to it.
A design drawn to fast-track standards is of no benefit on a site that cannot use the fast-track pathway.
State detail: granny flat rules by state.
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References §
- Urban Building Group WA — WA fact sheet — a building permit from the local council remains required even where planning approval is not. ubgwa.com.au/granny-flats-ancillary-dwellings-in-western-australia-fact-sheet/
- DA Leads Australia — NSW Complying Development Certificate pathway — 60 m² cap, minimum 450 m² lot, flood, heritage and bushfire constraints returning a proposal to a full development application. daleads.com.au/blog/granny-flat-rules-nsw-guide
- NSW Department of Planning, Housing and Infrastructure — Complying development — fast-tracked complying development approvals can be issued in as little as 20 days; pattern book complying developments take 10 days; the average determination time for a development application is 70 days; complying development can be determined by a council or an accredited certifier. Checked 8 October 2026. planning.nsw.gov.au/assess-and-regulate/development-assessment/planning-approval-pathways/complying-development
- Western Australian Planning Commission — Revised R-Codes — since 10 April 2024, R-Code compliant granny flats can be built on residential lots of any size without planning approval if they meet setback requirements and do not exceed 70 m². planning.wa.gov.au/news-and-media-statements/revised-r-codes-now-in-effect
- Granny Flat Guide — Granny flat regulations 2026 — Victoria permits small second dwellings up to 60 m² without a planning permit in many residential zones; the National Construction Code applies nationally. grannyflatguide.com/regulations/
- The Quote Yard — SA granny flat approval guide — all SA ancillary accommodation requires both planning consent and building consent; there is no complying development certificate or consent-free pathway in established SA residential zones. thequoteyard.com.au/services/granny-flat-approval-sa
Figures are as published by the sources above at their respective dates and are paraphrased summaries, not verbatim reproductions. Verify current pricing and rules directly with builders, lenders and planning authorities.