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Automated assessment — NSW

NSW Granny Flat Compliance Check

Pre-lodgement check for secondary dwelling DAs. Covers every standard in Schedule 1 of the Housing SEPP plus the council-specific DCP traps that cause refusals — especially under the post-2024 culture where councils refuse rather than amend.

For owner-builders, homeowners, building designers and certifiers running secondary dwelling DAs through any NSW council.

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$19 per check, or 5 for $69. Pays for itself ten times over if it stops one refused DA.

Why this matters now

Councils now refuse instead of amending

Since 1 July 2024, the Statement of Expectations Order requires NSW councils to determine DAs in 115 days average (dropping to 85 days by July 2027). The practical consequence: councils refuse non-compliant DAs in days rather than negotiating. A typical refused-granny-flat letter literally says: “we are not able to offer opportunities to make changes to your proposal.” A pre-lodgement check is no longer a nice-to-have — it's the difference between an approved DA and a refused one with no recourse short of an LEC appeal.

What this check covers

Secondary dwellings (granny flats) sit in a tight regulatory window. The Housing SEPP gives you a state-wide framework (Schedule 1) for fast CDC approval IF every standard is met. Where one isn't, you're on the DA pathway and at the council's discretion. Plus there's the council-specific DCP layer.

State

Housing SEPP Schedule 1

450 sqm primary lot, 60 sqm secondary cap, 3m rear setback, 0.9m side, 8.5m height, 1 storey, 1 per lot, no subdivision.

State

BASIX + NatHERS

Current cert (3-month validity), every commitment visibly shown on plans, dimensions consistent. The #1 refusal trigger.

Council

DCP

Roof form (separate from alfresco), parking, stormwater connection, character, materials, front setback rules. Highly council-specific.

Plus — if applicable — heritage and hazard exclusions (Heritage Conservation Area, BAL-FZ bushfire, flood-storage land, acid sulfate soils) which exclude the CDC pathway entirely.

Lost your home in a disaster?

You can build the granny flat first and live in it while rebuilding

NSW has a specific disaster-recovery pathway for owners whose primary dwelling has been destroyed (bushfire, flood, storm, etc.). You can build the secondary dwelling first, occupy it, and rebuild the main house within a 5-year window. A caravan or similar movable dwelling is also permitted as a temporary alternative. Substantially more practical than the typical 18-24 month displacement.

DPHI: Disaster recovery — secondary dwellings

What the check assesses

28 standards across 7 categories — every Schedule 1 control, every BASIX cross-check, every common DCP refusal trap.

Lot eligibility & permissibility

4 standards

  • S1Primary dwelling on the lot
  • S2Zone permissibility (R1, R2, R3, R4, R5)
  • S3Minimum lot size — detached secondary dwelling
  • S4One secondary dwelling per lot

Floor area & built form

4 standards

  • S5Maximum secondary dwelling floor area
  • S6Maximum building height
  • S7Number of storeys
  • S8Roof form — separate from primary / ancillary

Setbacks & boundary

4 standards

  • S9Rear setback
  • S10Side setbacks
  • S11Front setback
  • S12Building envelope (boundary planes)

Amenity & site impacts

5 standards

  • S13Privacy — overlooking
  • S14Solar access
  • S15Stormwater drainage
  • S16Parking
  • S17Materials and finishes

Hazards & exclusions

4 standards

  • S18Heritage / Conservation Area exclusion
  • S19Bushfire-prone land
  • S20Flood-affected land
  • S21Acid sulfate soils

Documentation & BASIX

3 standards

  • S22BASIX certificate — current and consistent with plans
  • S23NatHERS thermal performance
  • S24Plans showing BASIX-required features

Subdivision & tenure

4 standards

  • S25No subdivision of secondary dwelling
  • S26Disaster recovery — joint primary + secondary CDC
  • S27CDC pathway exclusions (R5, basements, top-roof terraces)
  • S28Siding Spring Observatory light pollution

How it works

1

Confirm the basics

Run your address through the NSW Planning Portal Spatial Viewer (free). Confirm zone is R1/R2/R3/R5, lot size 450+ sqm, no heritage / BAL-FZ / flood-storage flags. Get your existing primary dwelling's stormwater plan if you have it.

2

Upload plans + BASIX

Site plan, floor plan, elevations, and your BASIX certificate. We check setbacks, floor area, height, and cross-reference every BASIX commitment against your plans for dimension and location consistency.

3

Get the verdict

Pass / fail per Housing SEPP Schedule 1 standard, with the specific clause, measured value and required value. Flags BASIX-plan mismatches, DCP gotchas (separate roof from alfresco etc.), heritage exclusions, and tells you whether CDC is open or you need a DA.

Pricing

Owner-builder priced. The cost of one refused DA is many multiples of a single check.

1 Check

$19
$19.00 per check

One project.

5 Checks

$69
$13.80 per check
Save $26

Building designers, project home builders, owner-builders running multiple.

Prices in AUD, GST inclusive.

Why use the Granny Flat Check

Avoid the most common refusal triggers before you commit a DA fee

Beats the SoE Order refusal trap

Since 1 July 2024 councils refuse non-compliant granny flat DAs in days rather than negotiating amendments. Our pre-lodgement check catches the same issues council would — but before you commit a DA fee.

Every Housing SEPP Schedule 1 standard checked

Lot size 450 sqm, secondary dwelling 60 sqm cap, 3m rear setback, 0.9m side setback, 8.5m height — every numerical threshold in Schedule 1 verified against your plans.

BASIX cross-check (the #1 refusal trigger)

Every BASIX commitment — hot water rating, ceiling fan, window/skylight dimensions, fixture star ratings — must be visibly shown on plans. Our check cross-references your BASIX cert against the plans and flags mismatches.

Catches DCP roof-form gotchas

Many councils require the granny flat to have a roof structure separate from any alfresco / patio. We check this against the council DCP and flag it before lodgement — a common refusal reason.

Heritage / hazard exclusions identified

Heritage Conservation Areas, BAL-FZ bushfire-prone land, flood-storage and acid sulfate soils all exclude the CDC fast-track. We tell you which pathway is actually open.

Owner-builder priced

$19 flat. The cost of one wrong window dimension on a refused DA is typically $4,000+ in fees, time and re-lodgement. This pays for itself many times over.

Related NSW residential checks

Single dwelling Housing Code Check

1 dwelling, R2/R3 zones

Dual Occupancy / LRHDC Check

2+ dwellings, subdivision

Apartment Design Guide Check

RFB / shop-top housing

DA / CDC / Exempt

Pathway explainer

Frequently asked questions

Granny flat / secondary dwelling DAs in NSW

What is a secondary dwelling under the Housing SEPP?
A 'secondary dwelling' is the formal NSW planning term for a granny flat — a small, self-contained dwelling on the same lot as a primary dwelling house. They're governed by Chapter 3 of the State Environmental Planning Policy (Housing) 2021 and assessed against the standards in Schedule 1 of that SEPP.
What's the size limit?
The Housing SEPP caps the secondary dwelling floor area at 60 sqm. This is strictly enforced — even minor breaches will fail the Schedule 1 test. The limit applies to total floor area including any internal garage. External decks and verandahs are excluded from the 60 sqm calculation.
Can I have a granny flat on a lot smaller than 450 sqm?
Not under the Housing SEPP CDC pathway — 450 sqm is the minimum. Smaller lots have to use a DA, where council assesses on merit. Some councils permit smaller-lot granny flats but it's never automatic.
Why was the granny flat refused so quickly?
On 1 July 2024 the NSW Government's Statement of Expectations Order changed the DA culture. Councils now refuse non-compliant DAs in days rather than negotiating amendments — they're held to a 115-day average determination time (dropping to 85 days by July 2027) by the State. The result: applicants used to amend their way to approval. Now, errors at lodgement = refusal. A real granny flat DA was refused in 17 days because the BASIX cert specified a bathroom window dimension that didn't match the plans.
What's the most common refusal trigger?
Two things. First — BASIX commitments not visibly shown on the DA plans (hot water system rating, ceiling fan locations, window dimensions). Second — DCP-specific roof-form rules (e.g. Canterbury-Bankstown DCP 2023 requires the granny flat and alfresco to have separate roofs). Both are easy to fix at design stage, hard to fix after refusal.
Can I subdivide the granny flat off later?
No. The Housing SEPP explicitly prohibits subdivision (Torrens or strata) of secondary dwellings — they must remain on the same title as the primary dwelling. If you want subdividable units, you need a dual-occupancy DA instead, governed by the LRHDC framework (different product).
What about parking?
Most councils require 1 additional parking space for the secondary dwelling (some accept that the existing primary dwelling's parking is sufficient where there's good public transport nearby, or where the secondary dwelling is for accessibility / multigenerational use). Our check identifies the council's specific parking control.
Will my BASIX cert be enough?
Only if (a) the BASIX cert is current — they expire 3 months from issue date — and (b) every BASIX commitment is visibly shown on your DA plans (hot water rating, ceiling fan, window dimensions, etc.). A cert that doesn't match the plans is the #1 refusal trigger. Our check cross-references both.
I lost my house in a bushfire / flood. Can I build the granny flat first to live in?
Yes. The NSW Government has a specific disaster recovery pathway: where the primary dwelling has been destroyed, you can build the secondary dwelling first and occupy it while rebuilding the main house. You have a 5-year window from the secondary dwelling's first occupation certificate to complete the primary dwelling. A caravan or similar movable dwelling is also permitted as a temporary alternative. This is dramatically more practical than the typical 18-24 month displacement that disaster recovery otherwise involves.

$19 now or $4,000+ later

Run the check before lodging your granny flat DA. Catch the BASIX mismatches, setback breaches and DCP roof gotchas before council refuses.

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