Rules & Regulations


Planning Laws & Approvals

Before you buy a granny flat or start building a new home, it’s essential to make sure your new building will be fully compliant with all the relevant laws. Check with your local council to find out what regulations apply in your area or contact the Kairos Enviro Homes Team.


The Kairos Enviro Homes process helps take you through council approval, building permits and certification.  We will prepare and submit your application to your Local Council/Building Certifier for approval.  We look after all the paperwork including council approval, building permits and certification and liaise with Council Town Planners and other professionals and authorities on your behalf.


Building Standards

All new homes and granny flats must comply with both the Building Code of Australia and any relevant Australian Standards.  Kairos Enviro Homes are built to meet or exceed these building codes and standards.


Granny Flats

Rules and regulations around granny flats vary from state to state and even council to council, so research is key. Granny flats are often referred to as ‘Secondary Dwelling’ or ‘Auxillary Unit’ and there are some general rules that typically apply:

  • The granny flat will need to be built on a property that is zoned for residential use.
  • The granny flat must have separate and unobstructed pedestrian access.
  • Be the only granny flat on the property.
Granny Flats

First Home Buyers




These are some of the questions you need to ask:


  1. What is the minimum land size required to build a granny flat?
  2. What is the maximum size granny flat I can build? The maximum living space is often quoted separately from verandahs and carports, so check if these are included.
  3. Does the granny flat have to be owned by the same person that owns the primary residence on the property?
  4. Can it be rented out as investment?
  5. For First Home Buyers – does the First Home Buyers grant qualify for building a granny flat?


Housing affordability issues around Australia have prompted a number of state and territory governments to introduce measures that make it easier to build a granny flat. For example, in New South Wales there is statewide planning legislation which allows granny flats to be built and rented out in the same way as any other residence.  This does not apply across the country though, so you need to check your local/state legislation.



Legislated by

Can it be rented out as investment?

Useful links for more info



Local Council (LGA)

Different rules apply

per Council

Check your Local Council website – Planning/Housing Division



State Government


NSW Gov - Planning



State Government


VIC Gov - Housing


State Government


WA Gov - Housing


State Government




State Government



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