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Granny flat rules lookup by state and territory
| Covers | Secondary dwellings (granny flats) only |
|---|---|
| Jurisdictions with sources | NSW, VIC, WA, SA, TAS |
| Not covered | QLD, ACT, NT |
| Source type | Government planning authorities |
| *Planning rules change. Check the source date before relying on a figure. | |
Select a state or territory below to see the published rules for a granny flat (secondary dwelling) there: the legal term, any floor-area cap or lot requirement, the approval pathway and, where published, who may occupy it, with the government planning source for each figure. New South Wales, Victoria, Western Australia, South Australia and Tasmania are covered from government sources; for Queensland, the ACT and the Northern Territory the tool says so rather than filling the gap.
The rules governing a granny flat are set by the state or territory, applied through local planning instruments, and administered by a council. The state layer is the one that is reasonably stable and reasonably comparable, and it is the layer this page covers.
Three things make the comparison harder than it looks. Each jurisdiction uses a different legal term for the same building — a secondary dwelling in New South Wales is an ancillary dwelling in Western Australia, ancillary accommodation in South Australia, a secondary residence in Tasmania and a small second home in Victoria. The parameters that bind differ too: some jurisdictions cap floor area, some set a minimum lot size, some do neither. And the rules have moved substantially since 2023, so older material circulating online is frequently out of date.
Everything below is sourced to a government planning authority. Where this site has not been able to obtain a citable government source, the entry says so rather than filling the gap from a secondary source.
Look up a jurisdiction §
Comparison table §
Every figure in this table carries its source. The interactive selector above draws on the same values.
| Jurisdiction | Legal term | Floor area | Planning approval | Source |
|---|---|---|---|---|
| New South Wales | Secondary dwelling | No more than 60 m²; property of at least 450 m² | Complying development where the rules are met, otherwise a development application | NSW Department of Planning, Housing and Infrastructure[1] |
| Victoria | Small second home | 60 m² or less | Not required in most cases absent flooding, environmental or other special controls; building permit still required | Planning Victoria[2] |
| Queensland | — | Not covered by the sources compiled here | Not covered by the sources compiled here | — |
| Western Australia | Ancillary dwelling | Not exceeding 70 m²; residential lots of any size since 10 April 2024 | Not required where R-Code compliant and local setbacks are met | Western Australian Planning Commission[3] |
| South Australia | Ancillary accommodation | Maximum increased from 60 m² to 70 m² | Assessed under the Planning and Design Code | SA Planning Commission[4] |
| Tasmania | Secondary residence | Not more than 60 m² | Assessed under the Tasmanian Planning Scheme | State Planning Office[5] |
| Australian Capital Territory | — | Not covered by the sources compiled here | Not covered by the sources compiled here | — |
| Northern Territory | — | Not covered by the sources compiled here | Not covered by the sources compiled here | — |
Points that are easy to miss §
Planning approval and building approval are different things
Several jurisdictions have removed the planning permit requirement for a small second dwelling; none has removed the building permit. Victoria states the position plainly: a small second home no longer requires a planning permit in most cases where there are no flooding, environmental or other special planning controls, but a building permit is still required.[2] Western Australia's exemption likewise attaches to planning approval, on the condition that the dwelling is R-Code compliant and meets local setback requirements.[3] A builder describing a project as "no approval needed" is describing one of the two approvals.
Who is allowed to live there has changed
The historical restriction limiting occupation to family members has been unwound in several jurisdictions. Victoria states that anyone may live in or rent a small second home.[2] South Australia goes further, stating that there are no limitations on who may occupy ancillary accommodation and that conditions preventing it from being leased, rented or occupied are prohibited on approvals.[6] If you are relying on rental income to make the project viable, this is the clause to confirm in your own jurisdiction before committing.
Shared services can be a binding requirement
Tasmania requires that a secondary residence have no separate connections to services such as electricity, water or sewerage.[5] Victoria imposes a different constraint, requiring that a small second home not be connected to reticulated natural gas.[2] These are design constraints, not paperwork — they affect what the builder can install, and they are easy to overlook when comparing a standard floor plan marketed nationally.
A proposal is not a rule
Tasmania has a draft amendment proposing to increase the allowable gross floor area for a secondary residence from 60 m² to 90 m². It is under assessment and is not in force.[7] Designing to a figure that has been announced but not enacted is a common way to end up with a non-compliant plan, and commercial guidance does not always draw the distinction clearly.
Where the sources stop §
Queensland, the Australian Capital Territory and the Northern Territory are not covered above. For Queensland in particular, commercial guidance circulates figures for a state-wide floor area cap, but this site has not obtained a government source stating one, and the figures in circulation are not consistent with each other. Publishing an unsourced number would be worse than publishing nothing.
For all three, and in fact for all eight, the council responsible for the property is the authority that can confirm the zone, any overlays, the applicable pathway and the local provisions. That is information no state-level table can supply, and it is worth obtaining before design work starts rather than after.
What this tool does not do §
It does not tell you what is permitted on your block. State parameters are a floor, not an answer. Zoning, overlays, local provisions and title restrictions such as covenants operate on top of them.
It does not cover dwellings other than secondary dwellings. Tiny homes on wheels, relocatable dwellings in parks and dual occupancies are governed differently, and in some cases by an entirely separate part of the planning system.
It is not current by definition. Each figure carries the source it came from; check the source before relying on it, particularly in jurisdictions where reform is in progress.
Sent to info@modularlivingaustralia.com.au and handled by a person. See Privacy.
References §
- NSW Department of Planning, Housing and Infrastructure — Secondary dwellings — states that secondary dwellings are permitted in residential zones R1 through R5 and may be permitted in other zones under a council's local environmental plan, that a new principal and secondary dwelling may be approved together under a single complying development certificate, and that a lot must be at least 450 square metres to qualify for the complying development pathway; smaller lots may still proceed via a development application. The 60 square metre maximum floor area for complying development is set out in Schedule 1 of State Environmental Planning Policy (Housing) 2021. planning.nsw.gov.au/the-planning-system/housing/housing-sepp/secondary-dwellings
- Planning Victoria — Small second dwellings — states that a small second home up to 60 square metres no longer requires a planning permit in most cases where there are no flooding, environmental or other special planning controls, that a building permit is still required, that it cannot be subdivided or separately sold from the main home, that anyone may live in or rent it, and that it must not be connected to reticulated natural gas. planning.vic.gov.au/guides-and-resources/strategies-and-initiatives/small-second-dwellings
- Western Australian Planning Commission — Revised R-Codes now in effect — states that since 10 April 2024, R-Code compliant granny flats can be built on residential lots of any size without planning approval where they meet relevant local area setback requirements and do not exceed 70 square metres. planning.wa.gov.au/news-and-media-statements/revised-r-codes-now-in-effect
- South Australian Planning Commission — Creating new opportunities for affordable housing in South Australia — states that a code amendment allowed self-contained ancillary accommodation and that the maximum floor area for ancillary dwellings was increased from 60 to 70 square metres. saplanningcommission.sa.gov.au/spc-spotlight/article/creating-new-opportunities-for-affordable-housing-in-south-australia
- State Planning Office, Tasmania — Housing — states that a secondary residence must comply with requirements including a floor area of not more than 60 square metres and no separate connections to services such as electricity, water or sewerage. stateplanning.tas.gov.au/topics/housing
- PlanSA — Ancillary accommodation, caravans and moveable housing FAQ — states that under the current definition ancillary accommodation can be, but need not be, self-contained, that there are no limitations or restrictions on who may occupy it, and that State Planning Commission Practice Direction 12 prohibits conditions being placed on approvals that prevent it from being leased, rented or occupied. plan.sa.gov.au/__data/assets/pdf_file/0018/1344132/Ancillary-accommodation-caravans-and-moveable-housing-FAQ.pdf
- Tasmanian Planning Commission — Assessment of draft State Planning Provisions amendment 01-2026 — records that the draft amendment proposes to increase the allowable gross floor area for a secondary residence from 60 square metres to 90 square metres, and that the amendment is under assessment. planning.tas.gov.au/assessments-and-hearings/current-assessments-and-hearings/am-spp-01-2026
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.