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Can You Build A Granny Flat Without Council Approval?

P J Cook Building Granny Flat Ettalong Beach Design Built in Umina Beach, Central Coast

Is Your Property Eligible For Complying Development For A Granny Flat?

Granny flats, or ‘Secondary Dwellings,’ are recognised under the NSW State Environmental Planning Policy (Affordable Rental Housing) 2009, often referred to as ‘AHSEPP.’ These units can be integrated with, attached to, or stand separate from the primary residence.

P J Cook Building has outlined the key criteria for determining if your Granny Flat project qualifies as a Complying Development.

Approval Process

Granny flats can receive approval from an accredited certifier in just ten business days without needing council approval, provided the design adheres to the AHSEPP’s Complying Development criteria.

Zoning Requirements

Construction is restricted to residentially zoned areas.

Dwelling Limits

Properties are limited to one primary and one secondary dwelling.

Site Specifications

  • The property must be at least 450m² in size.
  • Granny flats are capped at a 60m² floor area.
  • A minimum of 12 metres of frontage is required at the building line of the primary dwelling.

Parking

No additional parking spaces are mandated for granny flats.

Regulatory Compliance

All granny flat developments must comply with BASIX and bushfire and flood planning regulations.

Tree and Building Clearances

  • A minimum distance of 3 metres is required from any tree over 4 metres tall.
  • There must be a 1.8-metre separation from other class 1 buildings, though closer construction is permissible if adjacent walls are fire-rated. Granny flats can be built within 1000mm of structures like garages, provided the garage is at least 1.8 metres from the primary dwelling.

Setbacks

  • The front boundary setback should match the average of the front setbacks of the two nearest houses on the same road, within 40 metres of your property.
  • Setback distances vary based on lot size, with a minimum of 3 metres from the rear boundary, 900mm from side boundaries, and 4.5 metres from the front boundary.

TYPICAL RESIDENTIAL BLOCKS

450m2 lot granny flat setback under complying development

Lot size: At least 450m2, but less than 900m2

Note: Setbacks are subject to change depending on the overall height of building and slope of land.

Lot size: At least 900m2, but less than 1,500m2

Note: Setbacks are subject to change depending on the overall height of building and slope of land.

Lot size: 1,500m2+

Note: Setbacks are subject to change depending on the overall height of building and slope of land.

CORNER BLOCKS

The NSW State Environmental Planning Policy covers them (Affordable Rental Housing) 2009, commonly known as ‘AHSEPP’. For more information, go to www.planning.nsw.gov.au

If you need assistance working out if your block is suitable, don’t hesitate to give us a call or send us an email with your site address and we can do the leg work for you!

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