Can I build a granny flat without council approval?

You can sometimes build a granny flat without a council planning application, but never without building approval. A granny flat is a home, with a kitchen, a bathroom and bedrooms, so the building work needs approval from a certifier or building surveyor before it starts. What varies from state to state is whether the council also has to approve the use and siting.

When can it skip the council’s planning application?

When it meets the rules the state or the council has set for it in advance. In New South Wales a granny flat that meets the state’s complying development standards can get approval from a private certifier as complying development, and one that does not goes to the council as a development application. In Queensland many planning schemes accept a secondary dwelling in a house zone without a planning application when it meets the scheme’s requirements, and a certifier gives the building approval. In Victoria a small second dwelling may be exempt from a planning permit in some zones, within the limits the state sets, but a building permit is still needed.

What brings the council back in?

an overlay on the lot, such as flood, bushfire, heritage or character
a design that goes past the size, height or boundary distances the rules allow
a lot too small or too narrow for the standard pathway
a request to build closer to a boundary than the rules allow

Any one of these can turn a simple certifier approval into an application the council decides. The post on planning overlays explains what each kind adds.

What about a cabin on wheels or a portable unit?

If someone lives in it, the council usually treats it as a home whatever it stands on, and the same questions apply. The post on portable building approval goes through it.

What happens if it is built without approval?

The council can ask for approval after the fact, or for it to be changed or removed, and a home built without approval can cause trouble with insurance and when the property is sold. The post on approval after it is built covers that path. It is quicker to read the rules first; the post on whether you can build a granny flat is the place to start.

What changed lately: in October 2026 Victoria widened the size of a small second dwelling in every planning scheme, so a larger granny flat now fits the pathway that can skip the planning permit where the zone allows it. A building permit is still needed, and the app reads the size that applies to your lot.

Reading it for your own lot

RapidSiteplan reads the council and building rules for your lot from its address, checks the design against them as you place it, lets you edit it as often as you like, and prints the site plan. Site plans and assessments in minutes. The plan shows which overlays sit on the lot and whether the granny flat keeps to the distances the rules set, so you know which pathway it is on before you call a certifier.

Search your address, see what the plan shows for a granny flat, or open a council page such as Moreton Bay or Campbelltown. Site plans by council covers the rest of Australia.

Common questions

Can I build a granny flat without council approval? Sometimes without a council planning application, never without building approval. A granny flat is a home, so a certifier or building surveyor approves the building work, and whether the council also has to approve it depends on the state, the zone and the overlays.

Is there a granny flat exemption? Not from building approval. Some states let a granny flat that meets their standards skip the council’s planning application, but the building work is still checked and given approval before it starts.

Who gives granny flat approval? A private certifier or building surveyor, or the council’s own, gives the building approval. The council gives any planning approval the zone or an overlay asks for.