Granny Flats for rent!

Recent amendments to Queensland planning laws have removed certain restrictions on the use of ‘secondary dwellings’ (commonly referred to as granny flats) to facilitate increased housing availability

On 23 September 2022, the Planning (Secondary Dwellings) Amendment Regulation 2022 brought about amendments to the Planning Regulation 2017 to remove certain restrictions on who can live in secondary dwellings. 

Changes have been made to the land use definitions of ‘household’, ‘dwelling house’, ‘dual occupancy’, ‘multiple dwelling’ and ‘secondary dwelling’ to provide state-wide consistency for the occupation of dwellings and secondary dwellings (e.g. granny flats).  

The changes bring about increased opportunity for homeowners to decide how they wish to use secondary dwellings on their property.  Traditionally in most local government areas, secondary dwellings have only been available for use by a homeowner’s immediate family.  The amendments remove the restrictions on who can live in secondary dwellings, allowing homeowners to now make granny flats on their land available for rent to anyone regardless of whether they are related to the homeowner. 

The changes seek to increase social and affordable homes throughout the state, whilst supporting housing choice and diversity.  The changes will be reviewed after three years.

Whilst the changes relax the restrictions on the use of secondary dwellings, homeowners still need consider whether their local government requires a development approval.  Homeowners looking to construct a secondary dwelling on their land will still need to obtain relevant building approvals.  Homeowners should consider engaging a building certifier or town planner to ensure compliance with all relevant requirements before constructing and/or renting a granny flat.

Clare is an associate at Mortimore & Associates Solicitors and has a wide range of experience in planning and development law.