Council Approval for Secondary Dwellings & Granny Flats
A secondary dwelling, commonly called a granny flat, is a self-contained dwelling on the same lot as an existing house, supported under the Housing SEPP and often eligible for the fast complying development pathway. Eligibility depends on lot size and floor area criteria set by the applicable SEPP and LEP provisions, and on whether the site carries heritage, bushfire or flood constraints. It generally cannot be subdivided or strata-titled away from the main house, though it can be tenanted independently of it.
Free consultation
- 1-2 weeks for eligibility; 3-10 weeks to approval depending on pathway
- From $1,900 + GST depending on pathway
- Quoted fixed after a free scope check
One dwelling type, two possible pathways
A granny flat is a well-supported housing type under the Housing SEPP, and in most straightforward cases it can be certified quickly as complying development. The word "most" is doing real work in that sentence - eligibility turns on lot size, the floor area you are proposing, and whether the land carries constraints like heritage listing, bushfire-prone mapping or flood risk.
What this page covers versus our fast-track page
This page is the starting point for anyone who is not yet certain which pathway their site needs. Our dedicated complying development page picks up from there, for readers who already know the fast pathway applies and want the detail on that process specifically.
When a DA is the right answer instead
Where the lot is undersized for the fast pathway, the site is heritage-listed, or bushfire or flood constraints apply, a development application is the correct route rather than a fallback. It takes longer, but it is the pathway that properly accounts for the site's constraints - and we scope it accordingly rather than trying to force a design through criteria it does not meet.
How it works
Lot and constraint check
2-3 business days
Lot size, existing floor space already on site, and any heritage, bushfire or flood overlays.
Pathway confirmation
3-5 business days
Whether the site and design satisfy complying development criteria in full, or need a DA.
Documentation
1-3 weeks
Plans, BASIX where applicable, and any supporting reports the chosen pathway requires.
Approval
3-10 weeks depending on route
Certification or council determination, whichever pathway applies.
What we take off your hands
What EHUP handles
- Checking your lot against the size and floor area criteria that decide eligibility
- Confirming whether complying development applies or a DA is needed instead
- Coordinating design so the granny flat fits the pathway from the outset
- Preparing and lodging whichever application your site actually needs
- Explaining what you can and cannot do with the dwelling once it is built
- Managing council or certifier queries through to approval
What you don't have to deal with
- Assuming every granny flat automatically qualifies for the fast pathway
- Designing first and finding out about a lot-size or constraint problem afterward
Frequently asked questions
How is this page different from your CDC granny flat page?
This is the general page - it covers the whole picture, including situations where complying development does not apply and a DA is needed instead, for example a small lot, a heritage item, or a bushfire-prone site. Our CDC-specific page assumes you already know the fast pathway applies to you and walks through that process in detail. The two are companion pages; start here if you are not yet sure which one fits your site.
Can I sell the granny flat separately from the main house?
No. A secondary dwelling sits on the same title as the principal dwelling and cannot generally be subdivided or strata-titled away from it. You can, however, lease it out independently - that is a normal and common arrangement.
What decides whether my block is big enough?
A minimum lot size applies under the relevant SEPP and LEP provisions, and it varies by council and zone rather than being a single fixed figure. We check the specific requirement against your title before you spend anything on design.
Does an existing shed or granny flat on the block affect a new application?
It can. Existing structures count toward site coverage and, in some cases, floor area calculations, and an unauthorised existing structure needs to be dealt with before a new approval can proceed cleanly.
Related services
CDC - House & Granny Flat
A new single dwelling house on a standard lot, or a secondary dwelling - a granny flat - can frequently be approved as complying development rather than through a full Development Application, provided the lot and the design satisfy every criterion in the Codes SEPP in full: minimum lot size, maximum floor area, height, setbacks and landscaped area among them.
Single Dwellings
A dwelling house is the most common residential land use in NSW and is generally permitted with consent in the standard residential zones, unless your council's LEP specifically prohibits it on that land.
Dual Occupancies
A dual occupancy is two dwellings, attached or detached, on a single lot.
Why clients choose EHUP
- 10+
- 250+
- 14
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.