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What rules apply for Brisbane Granny flats?

Generally the reason why a granny flat is considered in the first place is because there is a need to house relatives of the family such as the name implies, the grandmother or grandfather.

When considering your options to build a granny flat on your property be sure to check with your local Council with regards to their specific regulations. Each Council applies different regulations.

The following general regulations govern granny flats across most local councils:

  • Granny flats can be built only on Residential Zone property
  • Each residential property is limited to one granny flat
  • The block must be at least 450m2 to build a granny flat
  • The owner of the granny flat must also be the owner of the primary dwelling
  • The granny flat can have no more than 60m2 of living space. However, patios, verandas or carports can be attached in addition to that allowance
  • Granny flats cannot exist on strata title, subdivided or community title property
  • Granny flats cannot be built on unoccupied land or on a property used for commercial purposes
  • Granny flats can be attached to the primary dwelling, or can be free standing
  • Granny flats must have clear, separate and unobstructed pedestrian access
  • If you convert an internal part of your house into a granny flat, it must have a separate entrance

Granny Flat Ownership

Unlike NSW where legislation has changed to make construction and the use of a granny flat accessible to almost everyone, building a granny flat in Brisbane is different for each Council.

Generally, a granny flat is defined as a ‘secondary dwelling’ or supported accommodation. This means granny flats are secondary to the main property on a single block, they are self-contained with their own entrance as well as a separate bathroom, kitchen, bedroom, laundry and living area.

Granny Flat under a Two-storey House?

Similarly, the downstairs of a two storey house can be considered a granny flat because generally it will have the criteria to fit a granny flat.

In Brisbane, it is not possible to rent or lease a granny flat that is under the house as can be found in “Acceptable Solution A8” in the House Code.

A house is required to be occupied by a single household group and so if the downstairs area was rented or leased to someone different to living in the top section of the house, this would be termed as a secondary residence and as such would be in direct violation of the “Acceptable Solution A8” because there are 2 families occupying the one house.

Failure to comply with the “Acceptable Solution A8” will result in a formal notice of warning from the residential authorities and/or Brisbane City Council.