Modular LivingAustralia

Main page › Guides › WA granny flat rules

Granny flat rules in Western Australia

WA reformed these rules in April 2024. Confirm current requirements with your local government before designing.
WA ancillary dwellings
Compact modern dwelling beside a landscaped yard
Illustrative stock image — not a depiction of any specific builder's product.
Planning termAncillary dwelling[1]
Maximum floor area70 m²[2][3]
Minimum lot sizeNone since 10 April 2024[2][3]
Planning approvalNot required if deemed-to-comply[2]
Building permitStill required[3]
Extra car bayGenerally no longer required[3]

In Western Australia a granny flat, called an ancillary dwelling, of up to 70 m² needs no planning approval on a residential lot of any size if it complies with the Residential Design Codes and local setback requirements, a change that took effect on 10 April 2024.[1][2] The previous 350 m² minimum lot size was removed and, in most cases, so was the extra parking bay, but a building permit is still required.[3]

Western Australia calls a granny flat an ancillary dwelling — defined in the Residential Design Codes as a self-contained dwelling on the same lot as a single house, which may be attached to, integrated with or detached from it.[1]

Following reforms that took effect on 10 April 2024, WA now has one of the more permissive frameworks in Australia for secondary dwellings.

What changed in 2024 §

Since 10 April 2024, R-Code compliant granny flats can be built on residential lots of any size without planning approval, provided they meet relevant local setback requirements and do not exceed 70 m².[2]

Two restrictions were removed:

Key parameters §

ParameterRequirement
Maximum floor area70 m²[2]
Minimum lot sizeNone for the exemption[3]
Planning approvalNot required where deemed-to-comply[2]
Building permitRequired[4]
Deemed-to-comply coversSetbacks, site cover, height, visual privacy, access[4]
Principal dwellingMust already exist — an ancillary dwelling cannot be the first structure on vacant land

What the 70 m² includes §

Published guidance indicates the 70 m² limit applies to enclosed internal living space, and that verandahs, patios and carports may not count toward it — subject to your local council's site coverage rules.[5] Because this is a calculation question with real consequences, confirm the method with your building certifier before finalising a design that approaches the limit.

Renting it out §

WA permits renting an ancillary dwelling to private tenants.[5] If short-term letting is intended, additional state registration requirements may apply — confirm current obligations before relying on short-stay income in a budget.

Deemed-to-comply is conditional §

The exemption from planning approval depends on meeting the deemed-to-comply provisions of the R-Codes. Where a design does not meet them — because of setbacks, height, site coverage or visual privacy — the proposal reverts to a planning assessment.[4]

The practical consequence is the same as in other states: the site facts should be established before the design is drawn, not after.

Sequence §

  1. Confirm your R-Code density and the applicable setback requirements with your local government.
  2. Check whether the design can meet deemed-to-comply provisions.
  3. Confirm the GFA calculation method with a certifier if the design approaches 70 m².
  4. Apply for the building permit — this is required regardless of the planning exemption.[4]

Comparison with other states: granny flat rules by state.

The Dispatch — a monthly email when new guides are published. No noise; unsubscribe anytime.

Sent to info@modularlivingaustralia.com.au and handled by a person. See Privacy.

References §

  1. Coolgardie Shire Council — R-Codes definition of an ancillary dwelling — a self-contained dwelling on the same lot as a single house, which may be attached to, integrated with or detached from the single house. coolgardie.wa.gov.au/development/general/granny-flats-ancillary-dwellings
  2. 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 relevant local setback requirements and do not exceed 70 m². planning.wa.gov.au/news-and-media-statements/revised-r-codes-now-in-effect
  3. Government of Western Australia — Media statement, January 2024 — planning approval not required for compliant granny flats up to 70 m²; revised Residential Design Codes remove the previous 350 m² minimum lot size and, in most cases, the requirement for an extra parking bay. wa.gov.au/government/media-statements/Cook-Labor-Government/More-granny-flat-exemptions-give-another-boost-for-housing-choice-20240129
  4. Urban Building Group WA — WA granny flat fact sheet — amended State Planning Policy 7.3 in effect; deemed-to-comply parameters cover setbacks, site cover, height, visual privacy and access; a building permit from the local council remains required. ubgwa.com.au/granny-flats-ancillary-dwellings-in-western-australia-fact-sheet/
  5. Granny Flat Guide — WA guidance — the 70 m² limit applies to enclosed internal living space; verandahs, patios and carports may not count toward it, subject to local site coverage rules. WA permits renting a secondary dwelling to private tenants. grannyflatguide.com/regulations/granny-flat-wa/

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.