What our analysis shows
Analysis by Granny Flat Numbers, data as of 23 October 2026
- Three of the seven states and territories changed their granny flat rules in 2026: Victoria raised its planning limit to 80 m² on 15 October, the ACT dropped its 500 m² minimum block on 1 July, and Tasmania put a 90 m² limit on public exhibition.
- NSW, where fast-track granny flats began in 2009, is now the strictest mainland state for them. It has the smallest standard limit (60 m²) and the highest minimum lot for the fast route (450 m², against 300 m² in Victoria and no minimum in WA and SA).
- Missing the fast-track route costs money as well as time. Our cost model puts the extra approval cost at $4,000–$7,500 depending on the state, before any redesign the council asks for.
- Renting to anyone is now legal in every state and territory. Queensland was the last to drop its family-only rule, on 26 September 2022. Selling the flat separately is still not allowed anywhere.
Largest granny flat on the fast-track route, October 2026
- Queensland (Brisbane, Gold Coast)80 m²
- Victoria80 m² planning, 60 m² building*
- Western Australia70 m², any lot
- South Australia70 m², 2 bedrooms
- New South Wales60 m², lot 450 m²+
- Tasmania60 m² (90 m² proposed)
- ACT90 m², but always a DA
Our ranking by the floor area allowed without a discretionary council assessment. *Victoria's Building Regulations are still to be amended to match the 80 m² planning limit.
What changed in 2026
Victoria, 15 October 2026. Amendment VC306 raised the floor area of a small second dwelling from 60 to 80 m², changed how floor area is measured (roofed decks and verandahs no longer count) and dropped the separate access path requirement. The planning side is in force. The Building Regulations 2018 and Minister's Guideline 12 still describe a 60 m² dwelling and are to be amended "soon after". Until they are, design above 60 m² only after your building surveyor confirms they can issue the permit.
ACT, 1 July 2026. The missing middle reforms removed the rule that a secondary residence needs a block over 500 m². The 90 m² size limit stays, and a development application is still required.
Tasmania, June–July 2026. Draft amendment 01/2026 to the State Planning Provisions proposes lifting the secondary residence limit from 60 to 90 m². It was on exhibition until 22 July and is now with the Tasmanian Planning Commission. Until the Minister approves it, 60 m² applies.
State by state
New South Wales
Size: 60 m², or a larger limit if the council's LEP allows it (Housing SEPP 2021, s52).
Fast-track: Complying development certificate (CDC) from a council or private certifier, usually 10–20 days. Otherwise: Development application (DA) to council, needed for lots under 450 m², under 12 m frontage, heritage or flood-prone land.
- Lot of at least 450 m² and 12 m frontage for a CDC
- Site coverage 50% (lots 450–900 m²)
- Height 8.5 m
- Side setback 0.9 m, rear setback 3 m (lots 450–900 m²)
- One secondary dwelling per lot
Can be rented to anyone. Subdivision away from the main house is not allowed. Official source: NSW legislation: State Environmental Planning Policy (Housing) 2021.
Victoria
Size: 80 m² in the planning scheme since VC306 (15 Oct 2026; was 60 m² under VC253). The matching Building Regulations change is announced but not yet made, so check with your building surveyor before designing above 60 m²..
Fast-track: No planning permit for a small second dwelling on a lot over 300 m² in most residential zones without flood or environmental overlays; building permit still needed. Otherwise: Planning permit (VicSmart in many cases) where the lot is under 300 m² or an overlay applies.
- Lot of 300 m² or more for the permit exemption (residential zones)
- No gas connection
- No car space required
- Exempt from development and infrastructure contribution levies
- Cannot be subdivided off
Can be rented to anyone. Cannot be subdivided off. No gas connection allowed. Official source: Victorian Government: small second homes.
Queensland
Size: No statewide cap; each council sets its own: Brisbane 80 m², Gold Coast 80 m², Sunshine Coast 60 m², Logan 70–100 m², Ipswich 60–120 m², Moreton Bay 45–55 m².
Fast-track: Accepted development (no DA) in many council areas when the flat meets the planning scheme; building approval from a private certifier always needed. Otherwise: Development application where the flat exceeds the council cap or setbacks.
- Council size cap (see list)
- Usually within 20 m of the main house (Brisbane)
- Infrastructure charges vary widely by council
Since 26 Sep 2022 a secondary dwelling can be rented to anyone, not only family. Official source: Queensland Government: secondary dwellings providing housing solutions.
Western Australia
Size: 70 m² internal floor area (R-Codes, from 10 April 2024).
Fast-track: No development approval for a compliant ancillary dwelling of up to 70 m² on any lot size; building permit still needed. Otherwise: Development approval where setbacks, open space or local planning policy are not met.
- 70 m² internal floor area
- No minimum lot size since April 2024
- Must meet R-Codes setbacks and open space
Can be rented to anyone. One ancillary dwelling per lot. Official source: WA Planning: ancillary dwelling information sheet.
South Australia
Size: 70 m² and up to 2 bedrooms for the deemed-to-satisfy pathway (raised from 60 m²; interim from 29 Feb 2024, adopted 18 Nov 2024).
Fast-track: Deemed-to-satisfy planning consent, 5 business days after documents are checked. Otherwise: Performance-assessed consent, 20–70 business days depending on referrals and neighbour notification.
- 70 m² and 2 bedrooms
- Shares the main dwelling's private open space
- SA Water augmentation charge for separate connections in Greater Adelaide
Can be rented to anyone and may have its own kitchen, bathroom and laundry. Official source: PlanSA: ancillary accommodation code amendment.
Tasmania
Size: 60 m² secondary residence under the State Planning Provisions; draft amendment SPP 01-2026 proposes 90 m².
Fast-track: Permitted use in the General Residential zone when it meets the acceptable solutions; building approval needed. Otherwise: Discretionary planning permit where acceptable solutions are not met.
- 60 m² gross floor area (90 m² proposed)
- Shares access and parking with the main dwelling
Can be rented to anyone. Must share the access and services of the main dwelling. Official source: State Planning Office: SPP amendment 01/2026, secondary residences.
Australian Capital Territory
Size: 90 m² secondary residence; the 500 m² minimum block requirement was removed from 1 July 2026.
Fast-track: Development application through eDevelopment, then building approval. Otherwise: Development application (there is no permit-free pathway).
- 90 m²
- No minimum block size since 1 July 2026
- Cannot be unit titled
Can be rented to anyone. Cannot be sold separately (unit titling not allowed). Official source: ACT Government: missing middle housing reforms.
What fast-track does not cover
A compliant design can still be pushed into a full application by things on the land rather than in the plans. The ones that catch people most often:
- Sewer mains and easements. Building over or within about a metre of a sewer main needs the water authority's approval and sometimes an engineered solution or relocation, which can add $10,000–40,000. Ask for a sewer diagram before you pay for drawings.
- Bushfire. In NSW a CDC is not available in BAL-40 or the flame zone, and lower levels still require bushfire-rated construction that adds cost.
- Heritage and flood. Heritage items, conservation areas and flood-control lots fall outside the fast routes in most states.
- Covenants. A restriction on title can forbid a second dwelling even where planning allows it. It costs a few dollars to check the title first.
- Large-lot zones. In NSW the complying development route does not apply in the R5 Large Lot Residential zone.
Timeline since 2009
| When | Where | What changed |
|---|---|---|
| 2009 | NSW | Granny flats first allowed as complying development (Affordable Rental Housing SEPP) |
| 26 Nov 2021 | NSW | Rules moved into the Housing SEPP 2021 |
| 26 Sep 2022 | QLD | Occupancy restriction removed: secondary dwellings can be rented to anyone |
| 14 Dec 2023 | VIC | VC253 introduces 'small second dwellings' of up to 60 m² |
| 29 Feb 2024 | SA | Interim change: ancillary accommodation can be self-contained, cap 70 m² |
| 10 Apr 2024 | WA | R-Codes reform: no minimum lot size and no development approval for compliant ancillary dwellings |
| 18 Nov 2024 | SA | Code amendment adopted by the Minister |
| 8 Sep 2025 | VIC | VC282 updates siting standards for lots under 300 m² |
| 10 Jun–22 Jul 2026 | TAS | Consultation on SPP amendment 01-2026 (90 m² proposal) |
| 1 Jul 2026 | ACT | Missing middle reforms remove the 500 m² block requirement |
| 15 Oct 2026 | VIC | VC306 lifts the planning limit to 80 m² |
Checked against the planning instruments and government pages in October 2026. Rules change; your council or certifier has the final word on your lot.
This week's worked example
Week of 19 October 2026. A new example, rule and owner report every Monday.
A 55 m² two-bedroom flat with a budget finish on a flat block, services 15 m from the house, in Casey: our model puts it at $158,500 turnkey ($139,500–$177,500), or $2,880 per m². At the area's median 2-bedroom bond rent of $500 a week it would return 13.1% net and pay back in 10.2 years after tax.
Rule check: Since 10 April 2024 a WA ancillary dwelling of up to 70 m² that meets the R-Codes needs no development approval, on any lot size.
From an owner (NSW, 2024): A heritage-listed family home cannot use the SEPP's complying development route for a granny flat; it has to go to council.
Questions people ask
Can I build a granny flat on a 400 m² block?
In Victoria (300 m² and over), WA, SA, Queensland and the ACT, block size alone does not stop you. In NSW the fast-track CDC needs 450 m², so a 400 m² lot goes to council as a development application; councils can still approve it.
Do I need council approval for a granny flat?
You always need a building approval or permit. Whether you also need planning approval depends on the state and the size: a compliant flat avoids a council planning assessment in NSW (through a CDC from a private certifier), Victoria, WA, SA (deemed-to-satisfy) and Queensland's accepted development, but not in the ACT.
Can a granny flat be bigger than 60 m²?
Yes in Victoria (80 m² from 15 October 2026, building rules to follow), WA and SA (70 m²), the ACT (90 m²) and Queensland councils with higher caps such as Brisbane (80 m²). In NSW only where the council's LEP sets a higher limit.
Can I rent my granny flat to anyone?
Yes, in every state and territory. Queensland removed its restriction to family members on 26 September 2022.