What Is a Granny Flat?
A granny flat is a small second home built on the same lot as your main home. You can live in it or rent it out.
A small second home is:
- a dwelling with a total floor area of 60 square metres or less;
- built on the same lot as an existing home;
- used as a self-contained residence, which means it has a kitchen, bathroom and a toilet; and
- not connected to reticulated gas, among other requirements.
Do I Need a Permit?
When you undertake any building work on your property, you must consider whether you need a planning permit, building permit or both.
Planning Permit
A planning permit is usually not required to build a small second home if your property is within certain planning zones, such as residential zones, and meets certain conditions.
Speak to your local council for their guidelines and check which planning schemes affect your property, if any.
Planning schemes provide you with information about any planning controls that apply to your property. These include:
- restrictions on the use of land; and
- the location and height of any structures that can be built on the land.
The certificate of title may also indicate conditions or limitations that affect the development of a granny flat on your property. For example:
- an easement restricting any structure from being built on a certain area of the land; or
- a restrictive covenant preventing you from building more than one home on the land, in which case you will not be able to build a granny flat.
You can also read more about restrictions and regulations that may affect the development of your land.
Building Permit
You must obtain a building permit before building a granny flat.
A building permit is a written approval by a registered building surveyor that the proposed granny flat complies with the relevant building regulations. It also requires you to obtain an occupancy permit or a certificate of final inspection once the granny flat is completed.
By having a building permit and either an occupancy permit or a certificate of final inspection, it ensures that your granny flat is:
- built according to building standards by a registered building practitioner; and
- suitable to live in.
What to Do Next
It is important to understand the planning rules and building requirements for your small second home.
Before commencing any building work:
- check the local council guidelines and rules;
- check the planning zones and overlays affecting your property;
- check your certificate of title; and
- speak to a registered building surveyor.
For more information, feel free to reach out to our conveyancing lawyers in Melbourne at hello@wlegalgroup.com.au or (03) 9590 6180.
