RemodoGranny flat rules by state: NSW, VIC and QLD
Granny flat rules differ by state. Here's a high-level comparison of NSW, Victoria and Queensland — a starting point before you check your council and the relevant state planning portal.
New South Wales
Secondary dwellings are generally capped at 60 m² and, on lots of at least 450 m², can be approved as fast-track complying development (CDC). They're permitted across the residential zones and can be rented out with the right approvals.
Victoria
Victoria introduced 'small second homes' of up to 60 m². In many cases these no longer need a planning permit where there are no flooding, environmental or other special controls — though a building permit is still required. They can't be subdivided or sold separately, must not connect to reticulated natural gas, and don't require a car space. Anyone can live in or rent one.
Queensland
Queensland allows secondary dwellings (often called auxiliary units). Since 2022, owners can rent a secondary dwelling to anyone, not just household members. You still need the relevant development/building and council approvals first, and changing to a rented arrangement can trigger extra fire and sound-transmission building requirements.
Frequently asked
Is a granny flat capped at 60 m² everywhere?＋
60 m² is a common cap in NSW and for Victoria's 'small second homes', but always check your state and council — some allow more, and local controls vary.
Can I rent a granny flat out in every state?＋
NSW, Victoria and Queensland all now allow renting a secondary dwelling to non-family, provided you have the correct approvals and meet building-safety rules.
Do I always need a planning permit?＋
Not always. Victoria exempts many small second homes from a planning permit (a building permit is still needed), and NSW offers fast-track CDC. Special site controls can change this.
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This content is general information only and is not planning, legal or professional advice. While we aim to keep these guides accurate and current, planning laws change frequently and vary by state, council/LGA, zone and site-specific controls (flooding, bushfire, heritage, easements and more). Figures quoted are indicative and may be out of date.
Remodo makes no warranty as to the accuracy, completeness or currency of this information and accepts no liability for any loss arising from reliance on it. Always confirm the requirements for your specific property with your local council or the relevant state planning portal, and seek advice from a qualified planner, certifier or lawyer before making decisions or starting work.