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  • Chloe Wisker

Legislation changes surrounding Secondary Dwellings in QLD.

Updated: Dec 12, 2022

The rules around Secondary Dwellings (aka granny flats, and the like) are changing. For the last few years there has ongoing debates around how granny flats should be used.

Previously the definition of a Secondary dwelling was A dwelling, whether attached or detached, that used in conjunction with, and subordinate to, a dwelling house on the same lot. This allowed Council and owners to debate around what is considered in conjunction with and whether the secondary dwelling is subordinate, if it is independently being rented out.

However, currently the Planning Regulations 2017 (as of 23 September 2022) define secondary dwelling as:

A dwelling on a lot that is used in conjunction with, but subordinate to, another dwelling on the lot, whether or not the dwelling is-

(a) Attached to the other dwelling; or

(b) Occupied by individuals who are related to, or associated with, the household of the other dwelling.

Due to the recent changes in the Planning Regulations 2017, the addition of secondary dwellings to properties has become increasingly popular. However, it is important to note, that although changes to the regulations have occurred – your local council’s regulations surrounding secondary dwellings still need to be adhered to (e.g. maximum GFA, proximity to primary dwelling, materials etc).

If these requirements can’t be met, it may impact whether or not a secondary dwelling can be constructed on your property.

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