Legislation And Legal Process For NSW Granny Flats

When building a granny flat in NSW there is NSW State legislation called the "Environmental Planning Policy (Affordable Rental Housing) 2009" that allows a Complying Development Certificate (CDC) which is a fast-track approval process through your local council that does not require a full development application (DA) with your local council. You can do a complying development with a Complying Development Certificate (CDC) application form from your local council. Using this approval pathway, the granny flat may be approved within 20 days. To build a granny flat under this legislation you must have the following conditions; - the minimum lot size is 450sqm, - the maximum granny flat size is 60sqm, - the lot size must be 12m wide with room at the back, side or even front for your granny flat. If your land is less than 450sqm, your granny flat is greater 60sqm, or your block width is less than 12m you will have to lodge a more expensive and more difficult development application (DA) through your local council. National Construction Code (NCC) and Australian Standards The National Construction Code (NCC) is the main regulations for building and replaces the older Building Code of Australia. It's free to download the NCC if you sign-up to their website. Australian Standards are sometimes optional or sometimes mandatory requirements for building. When the National Construction Code (NCC) specifies an Australian Standard it makes the Australian Standard mandatory. Australian Standards cost money to download.

Where To Find NSW Granny Flat Legislation

To lookup legislative requirements for granny flats you can view the direct link or go to legislation.nsw.gov.au and search for "State Environmental Planning Policy (Affordable Rental Housing) 2009".

What To Consider When Building

Random notes warning! - Consider if a smaller residence is what you're after. Retirees may want a spare room for hobbies and possessions they have gathered over their lifetime and may also want to give grandchildren a place to stay. Will it be big enough? - If short on space for hobbies, furniture, mobility-scooter, etc. consider building an outbuilding along with your granny flat. From council docs: "The floor area of an outbuilding on a lot must not be more than the following: • 36m2, if the lot has an area of less than 300m2; • 45m2, if the lot has an area of 300m2 but less than 600m2;" - Would a caravan or mobile trailer (big site shed) be easier than a granny flat? Note that family members are legally allowed to stay in NSW caravans/mobile trailers. - Should you build a granny flat or dual occupancy? Dual occupancy may require 800m2 min. lot size and have the same torrens title but sold separately. - Consider if building the granny flat is the best option? Example; Is using $120K from a reverse mortgage to build a granny flat and getting rental income from primary residence better than selling your house and spending $600K in an over 55s lifestyle village? - Check sewer and storm water (rain from roof) locations and if they can be gravity fed. - In Camden, NSW building setbacks are; 0.9m side setback, 3m rear boundary setback, 3m from any protected tree. - Check with your local council about if a tree can be removed. Camden Council, for example, says that council approval is required if a tree; - is three metres or more in height; - has a circumference of 300 millimetres or a diameter of 100 millimetres at a height of one metre above the ground surface; or - has a branch span of three metres or more. - Get sewer plans from Sydney Water. Click "Certificates and diagrams" > Sewerage service diagram > $25. - Check what building zone (residential, mixed use, etc.?) you are in at planningportal.nsw.gov.au/spatialviewer/. Note that the Complying Development pathway for granny flats is governed by the State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP). In the SEPP it says it only applies to R1, R2, R3, R4 and R5 zone land. If you are in a B2 and B4 zone you are required to submit a Development Application.

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