NSW, VIC, QLD, WA, SA, ACT — every state has different rules on size, lot size, approval type, and who can live there. Here's the definitive comparison.
Sarah Chen
Registered Town Planner
Granny flat rules in Australia are primarily set at the state level — not by individual councils. Councils can add local restrictions on top, but the state sets the floor. Here's what you need to know in each state as of 2026.
Every state has loosened its granny flat rules in the past two years. The trend is clear: governments are using secondary dwellings as a tool to address the housing shortage. Key changes include higher size limits (from 60m² to 70–90m²), removal of family-only rental restrictions, and in WA's case, the complete removal of minimum lot size requirements.
Maximum size: 70m² (increased from 60m² in 2024)
Minimum lot size: 450m² — no exceptions for the complying development pathway
Approval: Complying Development Certificate (CDC) if the block meets all requirements — assessed by a private certifier in about 20 days. Development Application (DA) for non-standard sites.
Additional CDC requirements: 12m minimum street frontage, 3m rear setback, 0.9m side setbacks
Can you rent to non-family? Yes — since 2020, NSW allows rental to anyone
Separate sale? No — granny flats cannot be strata titled or sold separately from the main home
Heritage/bushfire zones: In bushfire Attack Level (BAL) 40 or higher zones, the CDC pathway is unavailable — you must lodge a DA. Heritage conservation areas may require additional design controls.
Key insight: NSW has the most structured approval system. If your block is 450m²+ with 12m frontage, the CDC pathway is fast and reliable. Smaller blocks must go through DA, which is discretionary.
Maximum size: 60m²
Minimum lot size: No fixed state minimum — varies by council zone
Approval: In most residential zones, no planning permit is required. A building permit is always required. This makes VIC the most permissive state for granny flats.
Exceptions requiring a planning permit: Heritage Overlay, Bushfire Management Overlay, Floodway Overlay, Neighbourhood Residential Zone (NRZ) in some councils
Can you rent to non-family? Yes
Separate sale? No
Key insight: Victoria removed the planning permit requirement for small second homes in late 2023. If you're in a standard residential zone, you only need a building permit — typically 4–8 weeks. This is the fastest path in Australia for most homeowners.
Maximum size: 80m² in Brisbane; varies by council (Ipswich 50m², Gold Coast 60m²)
Minimum lot size: Flexible — in Brisbane, 400m²+ lots can generally support a secondary dwelling
Approval: Varies significantly by council. Brisbane City Council has a defined pathway; regional councils vary widely.
Can you rent to non-family? Yes — rules updated 2022–2024
Separate sale? No
Key insight: QLD is the most variable state. Always check your specific council's planning scheme — the rules in Logan, Gold Coast, Sunshine Coast, and Brisbane are all different. A town planner familiar with your council is essential.
Maximum size: 70m²
Minimum lot size: None — WA removed the 350m² minimum in April 2024
Approval: No development approval needed if the design complies with the Residential Design Codes (R-Codes). A building permit is still required.
Can you rent to non-family? Yes
Separate sale? No
Key insight: WA's April 2024 reform was the most significant granny flat deregulation in Australia. Removing the lot size minimum means virtually any suburban block can now accommodate an ancillary dwelling. If you're in Perth, the path is now straightforward: design to R-Code compliance, get a building permit, build.
Maximum size: 70m² (increased from 60m²)
Minimum lot size: 450m² in most cases
Approval: Development approval is always required — there's no exempt or complying pathway
Can you rent to non-family? Yes — family-only restriction recently removed
Separate sale? No
Key insight: SA requires a DA for every granny flat — no fast-track complying pathway. Budget 8–16 weeks for approval. On the positive side, the family-only rental restriction was removed, making granny flats a genuine investment tool in SA.
Maximum size: Up to 90m² (most generous limit in Australia)
Minimum lot size: 500m²
Approval: Development approval required
Can you rent to non-family? Yes
Separate sale? No
Key insight: ACT allows the largest secondary dwellings (90m²) but requires water-sensitive design — a rainwater tank is mandatory. The planning process is managed by the ACT Planning Authority.
| State | Max Size | Min Lot | Fast-Track? | Rent Anyone? |
|---|---|---|---|---|
| NSW | 70m² | 450m² | Yes (CDC ~20 days) | Yes |
| VIC | 60m² | None (varies) | Yes (no planning permit) | Yes |
| QLD | 50–80m² | ~400m² | Varies by council | Yes |
| WA | 70m² | None | Yes (R-Code compliant) | Yes |
| SA | 70m² | 450m² | No (DA always required) | Yes |
| ACT | 90m² | 500m² | No (DA required) | Yes |
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