Granny Flats: No Council Approval Needed

If you’re a homeowner looking to invest by building a granny flat on your property, you might ask yourself, “Can you build a granny flat without council approval?” In short, the answer is yes — you don’t need council approval to build a granny flat on your property. But there is an alternate approval process you will need to follow. This helpful guide will help you understand the requirements to consider when building a granny flat. 

What is a granny flat?

A granny flat accommodates small groups of people as an additional dwelling on the same grounds as the main residential property. There are two types of granny flats — the first is a self-contained granny flat with its own kitchen, bathroom, and bedroom. A self-contained granny flat is ideal for young couples seeking privacy but looking to save money to buy their property. The latter option is a non-self-contained granny flat — a less expensive option, but it doesn’t offer the same level of privacy or independence as a self-contained unit. 

Building a granny flat without council approval

Whether you want a no-approval granny flat to rent out for extra income or to expand your accommodation for a growing family, a no-approval granny flat means no approval is required from the council. That means you can build that two-bedroom granny flat in the backyard without worrying about inconvenient visits from the council inspector. 

However, you should conduct a site investigation to ensure your property meets all compliant development guidelines. That way, you can build a granny flat without direct involvement from the council and still have the peace of mind that it’s built legally. So, that leads to the question, how do you build a granny flat without council approval? 

Ensure your proposed developments meets the following site requirements

As per Australian state requirements, you can build a granny flat without council approval, so long as it meets minimum requirements. For example, in NSW, the minimum site requirements for a granny flat approval as a complying development include:

• The property must have a minimum area of 450m².
  
• The property must be zoned residential.
  
• There must be a 12-metre width at the building line of the existing dwelling. If your property does not meet this requirement, you could apply for an attached granny flat.
• Maintain a 3.0m setback from the rear and 0.9m from side boundaries.
  
• Maintain a distance of 3.0m from any existing trees that are over 6m in height.
  
• Have a maximum 60m² floor area for your granny flat.

Always check your Australian state requirements when building a granny flat, so that you don’t have any unexpected hiccups when seeking approval for your proposed development. 

Requirements to follow for a no-approval granny flat

Once you have planned your proposed development to build a granny flat without council approval, you must take the following steps:

• Obtain a Complying Development Certificate (CDC) — A private certifier will approve your proposed development so long that it meets all necessary criteria. By submitting all requirements to a private certifier, you can get your project underway without unwanted objections from neighbours. 

• Construct your granny flat — Commence building your granny flat, ensuring your building works follow all site requirements. 

• Obtain the Occupation Certificate (OC) for the granny flat — An OC authorises the occupation and use of a new building or building section. For this to be authorised, there must not be any incomplete building works on-site that pose a risk to the occupants. 

If you’re completing construction on your primary and secondary dwelling, OC is issued once the building works have been complete to meet all the planning, quality and safety requirements. Then the dwelling is ready to be occupied.

What happens if you don’t seek approval for a granny flat?

Anyone who advertises a granny flat without meeting all the proper legal requirements can:

• Receive a fine — Being involved in misleading, deceptive behaviour can result in hefty fines. 
• Cause problems with insurance coverage — Not gaining the necessary approvals can create problems with your home insurance if an incident occurs in or while building the granny flat. 
• Face repercussions from your local council — Your local council will issue you a “notice of intention to serve,” limiting you to 21 days to undertake additional works required for approval. They will issue you a “notice to remedy” if you don’t resolve the issue within the specified timeframe. If you still fail to comply, they can take you to court, and you will be fined until you take the appropriate action.

To avoid unnecessary financial strains that come with an unapproved granny flat, it’s always best to seek the proper approval. After all, obtaining CDC approval outside the council can take as little as ten days before you can start building — so why take any chances? 

Build granny flats with Smart Choice Granny Flats today

Smart Choice Granny Flats is passionate about giving you the best value for money on a top-quality product if you want to buy or build a granny flat in Australia. We are a reputable company renowned for our 35 years of industry experience and over 500 granny flats built to date. We can think of no better professionals to meet your unique needs and preferences. Our custom granny flats accommodate all block shapes and home styles, suiting all granny flat goals and budgets alike. 

We pride ourselves on our transparent buying and building process and promise excellent quality and finishes. Our long history of delivering granny flat projects will surpass every individual’s needs and preferences. Explore our design range for inspiration today.

Whether you’re looking to make an exciting property investment or expand your usable living spaces, our designs are aesthetically pleasing and a place you’ll be proud to call home. So, if you’re looking to buy or build a granny flat, you can get an instant quote in under one minute. 

If you need more information on our granny flat designs or have any questions about our services, check out our FAQs page or get in touch with us, and our expert team will be more than happy to help.