Can I build a granny flat in Toowoomba?
Short answer: in Toowoomba Region a secondary dwelling is part of a dwelling house and generally only needs building and plumbing approvals, as long as it meets the requirements that show it is a genuine secondary dwelling. If it doesn't meet the accepted-development requirements it will typically need a council development approval. Council's web page doesn't state a size limit, and secondary dwellings attract infrastructure charges.
Toowoomba secondary dwelling rules at a glance
| Planning approval | Generally only building and plumbing approvals if it meets the requirements for a genuine secondary dwelling; otherwise typically a council development approval |
|---|---|
| Size | Council's page doesn't state a figure. The planning scheme says a secondary dwelling should be smaller in gross floor area than the primary dwelling and subordinate to it |
| Signs it's dual occupancy instead | Separate utility connections, separate driveway, mailbox or bins, separate titling on a body corporate, or a separate street address or meter |
| Infrastructure charges | Secondary dwellings attract infrastructure charges |
| Rural lots | A second house should be on the same lot, self-contained and subordinate to the main house, with the same setbacks. Houses on rural lots should be at least 50 m from all boundaries, otherwise council assesses it |
| Water authority | Toowoomba Regional Council |
| Rent | Since 26 September 2022 a secondary dwelling in Queensland can be rented to anyone, not only family. It needs its building approval and final certificate first, and normal tenancy law applies. |
Genuine secondary dwelling or dual occupancy?
This is Toowoomba's key test. Council warns that if a secondary dwelling isn't genuine it could be defined as a dual occupancy and be subject to separate requirements, approvals and infrastructure charges. Separate utility connections, a separate driveway, mailbox or wheelie bins, separate titling or a separate address or meter point toward dual occupancy, so design for shared services and access from the start.
Getting written confirmation
Council offers an application for written advice and confirmation of the accepted development category. Council also recommends engaging a building certifier or consultant town planner to confirm whether you need a planning application. Information sheets INFO 008 (dwelling houses, secondary dwellings and dual occupancy) and INFO 020 (dwelling houses) explain the rules.
A gap we couldn't close
Council's page doesn't state a floor-area limit, and we couldn't confirm one from the planning scheme text we could read. Check the Toowoomba Regional Planning Scheme and the information sheets before you design, or call council on 131 872.
Who to ask in Toowoomba
- Council: council's building page or call 131 872 and ask for a Technical Advice Officer
- Water authority: Toowoomba Regional Council. Order a sewer service diagram early and ask about its build-over-asset process.
- Building certifier and builder: check licences on the QBCC register. See choosing a builder.
Other councils: Brisbane · Gold Coast · Sunshine Coast · Moreton Bay · Logan · Ipswich · Redland · Scenic Rim · Lockyer Valley · Noosa · Somerset. See the Queensland overview.
Sources
- Toowoomba Regional Council, Building in the Toowoomba Region.
- Toowoomba Regional Council, Secondary dwellings, dual occupancy and multiple dwellings.
- Toowoomba Regional Council, Planning scheme practice notes and building and planning information sheets.
General information only, not planning, legal or building advice. Council provisions change, so confirm the current version with council and check the review date above.
Frequently asked questions
Do I need approval for a granny flat in Toowoomba?
A secondary dwelling generally only needs building and plumbing approvals if it meets the requirements to be a genuine secondary dwelling. If it doesn't meet the accepted development requirements, it will typically need council development approval.
Do Toowoomba granny flats pay infrastructure charges?
Council says secondary dwellings attract infrastructure charges. Ask council what applies to your project.
What makes a granny flat dual occupancy in Toowoomba?
Separate utility connections, a separate driveway, mailbox or bins, separate titling on a body corporate, or a separate street address or meter make it likely to be treated as a dual occupancy, which has separate requirements, approvals and charges.
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