What are the requirements for installing a granny flat on a property without needing council approval?

Our ‘unique’ neighbor has just built a granny flat that stands about 4 to 5 feet above our fence line, right in the center of their garden. It has a high window directly facing our property, which raises concerns about privacy, as it could potentially overlook our garden and even our neighbor’s pool.

We’re also worried since the flat is occupied by a rather unusual individual and his two specific breeds of dogs (but that’s a separate issue).

Are there any building inspectors or experts who can provide guidance on the criteria for whether a granny flat installation requires council approval in NSW, Australia?

One thought on “What are the parameters for being able to put a granny flat into a property – without requiring council approval”

  1. In New South Wales (NSW), Australia, the requirements for installing a granny flat without needing council approval can vary based on specific regulations, including the State Environmental Planning Policy (SEPP) for affordable housing. Here are some key parameters you may want to consider:

    1. Location and Size: The granny flat must be located on a property that meets specific land size requirements—usually at least 450 square meters. The flat should not exceed a certain size, typically 60 square meters.

    2. Setbacks: The structure must adhere to setback requirements from property boundaries. This means it generally needs to be a certain distance away from the fence lines, which could vary based on local zoning laws.

    3. Height Restrictions: There are restrictions on the height of the granny flat. Typically, it cannot exceed 3.3 meters in height, measured from the natural ground level.

    4. Design: The granny flat should comply with other design standards, such as not being located in areas with significant environmental constraints or affecting heritage areas.

    5. Fire Safety and Access: The structure must meet fire safety requirements and should have adequate access for emergency vehicles.

    6. Utilities and Services: It should be connected properly to utilities like water, sewer, and electricity, which may require certain inspections.

    7. Compliance with Planning Controls: Even if council approval is not required, the construction must still comply with planning controls and other regulations.

    Given the height of the structure in question and the concerns about privacy, it may be a good idea to consult with a building surveyor or a local council planning officer for clarification on whether this particular granny flat complies with local regulations. You may also want to discuss this situation with your neighbor to express your concerns, especially regarding the privacy issue with the high window facing your property.

    If you still feel uneasy, you can reach out to the local council or a relevant building inspector who can provide guidance or further investigate the situation to ensure compliance with building codes and regulations.

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