Dwelling houses, secondary dwellings (granny flats) and dual occupancies

Note: These provisions apply to caravans, manufactured homes and buildings.

Dwelling house means a building containing only one dwelling. 


Secondary dwelling means a self-contained dwelling that—

  1. is established in conjunction with another dwelling (the principal dwelling), and
  2. is on the same lot of land as the principal dwelling, and
  3. is located within, or is attached to, or is separate from, the principal dwelling.

Note: The floor area of a secondary dwelling must be less than 60 square metres or 30% of the size of the main house, whichever is larger.


Dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).

Dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

Dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.


There is no minimum size requirement for a dwelling house, secondary dwelling or dual occupancy, unless it is a manufactured home.

Anyone can live in a secondary dwelling (granny flat); it’s not just restricted to family members.

Use of a building for a dwelling house, secondary dwelling or dual occupancy requires development consent.  An applicant can lodge a development application (DA) with Council or in some cases there may be a fast-track complying development pathway.  

A caravan or manufactured home may be used instead of a building for a dwelling house, secondary dwelling or dual occupancy.  This requires approval under two separate Acts:

  1. Approval to install a caravan or manufactured home is required under the Local Government Act 1993, and
  2. Development consent for use of land for a dwelling, secondary dwelling or dual occupancy is required under the Environmental Planning and Assessment Act 1979.

An applicant may lodge a development application (DA) with Council for use of the land for a dwelling, secondary dwelling or dual occupancy and installation of a caravan or manufactured home in the same application.  Alternatively, an applicant may lodge a DA with Council for use of the land for a dwelling, secondary dwelling or dual occupancy and lodge a separate application under Section 68 of the Local Government Act 1993 for installation of the caravan or manufactured home.

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