Granny flats in Queensland: rules, size limits and approvals

What Queensland calls a granny flat

In planning law it is a secondary dwelling: a self-contained dwelling on the same lot as a main house, smaller than it and subordinate to it. Councils use words like granny flat, relative's accommodation or auxiliary unit, but the legal test is the same: same lot, same title, subordinate in size and use.

That test matters, because a second home that is not subordinate is treated as a dual occupancy, which is a harder approval. Separate driveways, separate street addresses or separate meters can push an assessment that way in some council areas, so ask before you design.

Can I rent it out?

Yes. Before 26 September 2022, Queensland's planning rules restricted who could live in a secondary dwelling. The state removed that restriction, so owners can now rent a granny flat to anyone. The usual landlord and tenancy rules apply (see the Residential Tenancies Authority), and the dwelling needs its building approval and final certificate before anyone moves in.

How big can it be?

There is no one number. Your council's planning scheme sets the size, siting and zone rules, and they differ. Here is what we found in each council's own material, as at 30 October 2026:

New: the Queensland Housing Code. A new state code was published on 3 August 2026 and commenced on 1 September 2026. It replaces Parts 1.1 and 1.2 of the Queensland Development Code and sets design and siting standards for houses and secondary dwellings, including a standard maximum internal floor area of 50 m² (60 m² on lots of 1,000 m² or more). During a three-year transition period it applies in a council area once that council adopts it, and a council that adopts it can allow larger secondary dwellings. So today, your council's own limit is still the one that matters, and it may change. Ask your council whether it has adopted the Code.

Do I need council approval?

There are two separate questions, and people mix them up:

• Planning approval (development approval) asks "should this be built here?" In many zones, a secondary dwelling that meets all the scheme's requirements is accepted development: no application and no neighbour notification. If you miss a requirement, or an overlay applies, it becomes code assessable (an application is needed) and sometimes impact assessable (public notification).
• Building approval asks "is it safe and built to code?" You always need this for a new secondary dwelling, usually from a private building certifier. Plumbing and drainage approval is also needed.

See approvals explained for the full sequence.

Common Queensland pitfalls

• Overlays. Flood, bushfire, coastal hazard, character, heritage or vegetation overlays can lift a project from accepted development to assessable. Check them first; it is free.
• Sewer and stormwater. Building over or near a water authority's pipes needs the authority's approval, separate from the council's. Order your sewer service diagram early. Authorities include Urban Utilities, Unitywater and, for some council areas, the council itself.
• Dual occupancy by accident. Separate entries, addresses, driveways or meters can change how a council classifies the project.
• Charges. A project that needs a development approval can attract council infrastructure charges, which can be a five-figure surprise. A compliant accepted-development project may not. Ask council which applies to you, and ask about changes to your rates.
• Site cover and setbacks. On smaller blocks these, not floor area, are often the real limit.
• Unlicensed or uninsured builders. In Queensland, residential building work over $3,300 needs a written contract and home warranty insurance through a QBCC-licensed contractor. Check the licence before you pay anything.

What to ask your council, certifier and builder

1. Council duty planner: "Is a secondary dwelling accepted development on my lot? Do any overlays change that? Has the Queensland Housing Code been adopted here? Are infrastructure charges payable? Can I have that in writing?"
2. Water authority: "Where are the sewer and stormwater assets on my lot, and what is your build-over process?"
3. Building certifier: "What do you need from me, and what will it cost, including inspections?"
4. Builder: "What is your QBCC licence number, who holds the home warranty cover, and what is excluded from your price?"

Our council enquiry template lists these questions in a form you can send.

Secondary dwelling or dual occupancy?

The difference decides your approval path, so it is worth getting right before you design.

A simple checklist before you spend money

1. Confirm you own the block (or make these checks conditions of purchase).
2. Look up your zone and overlays on your council's mapping and save a dated copy.
3. Get the exact lot area and frontage from your title plan.
4. Read the title for easements and covenants.
5. Order a sewer service diagram from your water authority.
6. Ask council in writing whether a secondary dwelling is accepted development on your lot.
7. Work out total project cost, not just the build price (see what a granny flat costs).
8. Check builders on the QBCC register (see choosing a builder).

Sources

• Queensland Government, Changes to secondary dwellings (rental change effective 26 September 2022).
• Queensland Government, Queensland Housing Code; Housing Code text published 3 August 2026.
• Brisbane City Council, Secondary dwelling (granny flats) fact sheet.
• Moreton Bay Regional Council, Secondary dwellings and granny flats.
• Logan City Council, domestic fact sheet.
• City of Gold Coast, Dwellings. Ipswich City Council, Housing in Ipswich. Redland City Council, Dual living: secondary dwelling.
• Sunshine Coast Council, Help with the planning scheme.
• QBCC, licence register and home warranty information.

General information only, not planning, legal or building advice. Council limits change, so confirm the current provisions with your council before you commit money.

Frequently asked questions

Can I build a granny flat on my property in Queensland?

Often, yes. In Queensland a granny flat is called a secondary dwelling, and whether you can build one depends on your council's planning scheme, your zone, your block and any overlays on it. There is no single statewide size limit or lot-size rule. Many residential zones treat a compliant secondary dwelling as accepted development, which means no development application, but you still need a building approval.

Can I rent out a granny flat in Queensland?

Yes. Since 26 September 2022 the Queensland Planning Regulation no longer limits who can live in a secondary dwelling, so you can rent it to anyone, not only family. Normal tenancy law applies, and the building must have the right approvals and final certificate first.

How big can a granny flat be in Queensland?

It depends on your council. Brisbane City Plan 2014 allows up to 80 m² within 20 m of the dwelling house; Logan caps secondary dwellings at 70 m² in residential zones on lots under 1,000 m² (100 m² otherwise); Moreton Bay allows 45 m² or 55 m² depending on lot size; Ipswich allows 60 to 120 m² depending on lot size. The new Queensland Housing Code sets a state standard of 50 m² internal floor area (60 m² on lots of 1,000 m² or more) once a council adopts it.

Do I need council approval for a granny flat in Queensland?

Not always. If your secondary dwelling meets every accepted-development requirement in your council's planning scheme and no overlay lifts the assessment level, you do not need a development application. You still need a building approval from a licensed building certifier, plumbing and drainage approval, and in many areas approval from your water authority if you build near its pipes.

Can I sell a granny flat separately in Queensland?

Not as a secondary dwelling. By definition it sits on the same lot, and the same title, as the main house. Splitting it off would be a subdivision, which is a separate and much harder approval.

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