Granny Flats and Dual Occupancy Home Requirements

It is a well-known fact that in Australia housing prices are increasing and the younger generation is finding it difficult to enter the homeownership market. The Australian population is aging and 73% of Australians aged between 65-74 are homeowners with little to no mortgage.

Granny Flats

One solution to affordable housing that has become increasingly popular is older Australians selling their homes and using the funds to buy a property and build a granny flat on the land. A Granny Flat is a self-contained small home built in the backyard of an existing house, that can be attached or free-standing.

This solution offers a number of benefits to all parties involved. It allows the younger generation to have housing security, whilst also keeping families close together which provides increased benefits of childcare and care for the parents in the future if they happen to require it.

To build a granny flat there are certain requirements under the Local Government and State Environmental Planning Instruments, some of these requirements include:

• The granny flat must not be larger than 60m²
• The total lot must be a minimum of 450m²
• You will need to check your Local Environment Plan to ensure it is permitted in your zoning
• If you are applying for a free-standing granny flat, you must have a minimum 12 metre width at the building line of the existing house
• You can only have one granny flat per block of land

 

Dual Occupancy Homes

Dual Occupancy Homes are becoming popular in recent years as a response to the growing population.

There are many upsides to Dual Occupancy Development, they can provide solutions to housing for families or serve as investments. It is becoming popular for families to build a Dual Occupancy Home and live in one dwelling and rent the other. This allows for another income stream.

We are also seeing Dual Occupancy Housing being used instead of granny flats to accommodate families who are of a larger size.

A Dual Occupancy Home is defined as two dwellings on one lot of land, these dwellings can be attached or detached.

• One of the main requirements for a Dual Occupancy home is the minimum lot size.
• The requirements for Dual Occupancy homes differ depending on your local government area.
• In the event that your local government area does not specifically state a minimum lot size requirement the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 applies and provides the minimum lot size is 400m².
• The maximum height of the dwelling cannot exceed 8.5 meters above ground level
• Principle private open space must be provided for each dwelling that is at least 16m² and 3m wide.
• There must be one off-street parking for each dwelling.
• The maximum gross floor area is 25% of the lot plus 150m² to a maximum of 400m²
• Each dwelling must face a public road
• One dwelling cannot be behind another.

Restrictions

• Each local government area has differing restrictions on zoning and minimum lot size requirements.
• It is important to check with you Local Environment Plan to determine if Dual Occupancy and Granny Flat homes are permissible in your area and the requirements, they have imposed on them.
• A Dual Occupancy Home cannot have a secondary dwelling on the lot, if it did that would mean there were three properties on one lot of land.
• If your property does not meet the standards to erect either of these dwellings, a Development Assessment can be conducted through your local council which may allow for the requirements to be altered.

Case Law

Aminzadeh v Parramatta City Council [2019] NSWLEC 1223 (Aminzadeh)

In the case of Aminzadeh the Applicants lot did not meet the minimum lot size requirements as set out by the Parramatta City Council for a Dual Occupancy Dwelling to be erected.

The minimum lot size was 600m² and the Applicants site for development was slightly below the requirement at 595.5m².

When assessing the request for variation of development the Court applied the Wehbe Test. Which states a variation in a development standard must establish reasonableness/necessity for the variation by considering the following:

1. compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved,
2. the underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary,
3. the underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable,
4. the development standard has been virtually abandoned or destroyed by the Council’s own decisions in granting development consents that depart from the standard and hence compliance with the standard is unnecessary and unreasonable, or
5. compliance with the development standard is unreasonable or inappropriate due to existing use of land and current environmental character of the site/land. That is, the site should not have been included in the zone.

The court found that the variation of the minimum lot size standard for dual occupancies in this instance was considered reasonable, and there are sufficient environmental planning grounds to justify a variation of the standard of 600m².

This case demonstrates the Court's willingness to assess individual circumstances and use its discretion on a case-by-case basis to deem what is appropriate.

We can help

If you are looking to buy, sell, or modify a property to accommodate your changing lifestyle then get in touch. Sarah will guide you through the process keeping you properly informed from start to finish with clear explanations and prompt communications.

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