New South Wales

Backyard homes in New South Wales

Locally referred to as Secondary dwelling or granny flat

NSW secondary dwellings may use a complying development pathway where all state standards are satisfied, or otherwise require a development application.

Generally up to 60 m²

The Housing SEPP pathway generally limits the secondary dwelling to 60 square metres.

Same lot as the principal dwelling

It must be established with another dwelling and remain on the same lot.

Approval is still required

The pathway will generally be either a complying development certificate or a development application.

Fast-track assessment may be available

A council or accredited certifier may issue a complying development certificate when every applicable standard is met.

Hazards can change the pathway

Bushfire, flood, heritage, biodiversity and other constraints can prevent or alter complying development.

Occupation approval is required

Required construction and occupation certification must be completed before lawful occupation.

Also worth knowing

•A secondary dwelling under the Housing SEPP cannot be placed on a separate subdivided lot.
•Local environmental plans can affect where secondary dwellings are permitted.
•The complying development pathway is an approval pathway — it is not approval-free.

What may affect your property?

State-wide rules are only the starting point. Councils, sites and titles differ, so these are checked for your specific address.

•Local government area
•Land zoning
•Planning overlays
•Lot size and dimensions
•Existing dwelling
•Title restrictions and covenants
•Bushfire, flood and environmental risk
•Setbacks and site coverage
•Utility and wastewater capacity
•Delivery and construction access
•Intended residential or non-residential use

Intended use changes the pathway

A self-contained residence, a guest room, a home office and a non-habitable studio may be treated differently. The proposed facilities and how the building will be occupied can change the applicable planning and building pathway.

See what may suit your New South Wales property

Preliminary property guidance — not an approval, eligibility decision or permit.

Check my backyard

My Backyard Home provides general, preliminary information based on published planning and building material. It does not confirm that a dwelling or structure can be built on your property and is not legal, planning, building, engineering, financial or tax advice. Requirements may vary according to your address, council, title, zoning, overlays, site conditions, intended use and chosen product. Final feasibility, permits, approvals and compliance must be confirmed by the relevant authorities and qualified professionals.

Government sources and review date

NSW Planning - Secondary dwellings
Responsible authority: NSW Government (Department of Planning, Housing and Infrastructure)
Source URL not yet verified — refer to the published government material by name.
State Environmental Planning Policy (Housing) 2021
Responsible authority: NSW Government (Department of Planning, Housing and Infrastructure)
Source URL not yet verified — refer to the published government material by name.

Last reviewed 27 July 2026