Secondary dwellings providing housing solutions

Secondary dwellings on existing properties, commonly known as granny flats, offer a solution for homeowners looking to add value to their property and help provide housing options for people in their community.

It is a great housing option for expanding families, for homeowners who have vacant space to rent out and earn extra income, and to provide more rental options for people.

To provide people with more access to housing options, an amendment took effect on 26 September 2022 that removed restrictions on who can live in secondary dwellings across Queensland. The amendment enabled homeowners to rent out secondary dwellings, such as granny flats, to anyone.

This amendment also removed the restriction of how members of a household live together. This recognises the relationships of occupants in a dwelling and how they interact with one another should not be considered in a planning assessment of how land is used.

More information about these changes is available from our FAQs below.

How can a secondary dwelling make a difference to you and your property?

  • It can provide you with extra income

  • It can add value to your property

  • Provide further housing options in your community

What you need to know

In 2022, we made changes to make it easier for homeowners to rent out secondary dwellings (like granny flats). They can now be rented to anyone – regardless if they are related to the occupants of the primary dwelling or not –creating more options for renters and providing the opportunity for owners to earn income by renting out their granny flat.

The changes do not remove the requirement to obtain any relevant development approvals, building approvals or requirements under other legislation, such as in relation to fire safety.

Here’s what you need to know.

I have a secondary dwelling and want to rent it out

Great news. In Queensland, if you have an existing, planning-approved, secondary dwelling (or granny flat), you don’t need to do anything.

If your existing secondary dwelling (like a granny flat) did not need planning approval or does not have conditions about occupancy, it can be rented out now. Tenancy agreements are available on the Residential Tenancies Authority’s website. There is no change to how a tenancy agreement would be made. The Residential Tenancies Authority provides advice on the type of agreement that would be required depending on the form of accommodation. For more information about tenancy agreements visit Tenancy agreements | Residential Tenancies Authority.

If your secondary dwelling (like a granny flat) has conditions that restrict its occupancy, you will need to follow the usual process outlined under the Planning Act 2016 for making a ‘change application’ to change to the existing conditions. Chat to your local council for more information.

Before you rent your granny flat, you will need to check if additional building works are required to be undertaken that need a building approval, particularly in relation to fire safety.

I want to build a secondary dwelling

Secondary dwellings (granny flats) can be a great addition to your home and may also increase the value of your property.

Any new secondary dwellings (granny flats) will require building approval and you will still need to speak with your local council to understand if you need development approval prior to building. Same goes for existing structures you may want to convert to a granny flat.

Councils will have some different rules in relation to building approvals so it is best to chat with your local council to see what is and isn’t possible with your property.

But the good news is that the changes we have made for anyone to be able to rent a secondary dwelling (granny flat) applies to all local council areas across Queensland.

Contact your local council for more information.

What else do I need to know?

There is no change to the fire safety or building regulations as a result of the amendments. However, a change to the way in which an existing granny flat is occupied may trigger the need for a building application. Each homeowner will need to ensure their secondary dwelling (granny flat) complies with building code requirements so accommodation for renters is safe as well as complying with any other local government or legislative requirements.

For example, if the use of a single dwelling with a secondary dwelling (granny flat) changes to a single dwelling with a rented out secondary dwelling (granny flat), then additional fire and sound transmission requirements of the building code will apply.

For information about any additional requirements, advice should be sought from a building certifier. The Queensland Building and Construction Commission has a list of licensed certifiers.

Frequently asked questions

  • The changes to the Planning Regulation removed controls around how members of a household live together. This recognises that the relationships of occupants in a dwelling and how they interact with one another should not be considered in a planning assessment of how land is used.

    The changes provide state-wide consistency in the way a dwelling and secondary dwelling may be occupied.

  • The changes to the Planning Regulation regarding secondary dwellings came into effect on 26 September 2022. The amendment regulation is available on the Queensland Legislation website.

  • Any new secondary dwelling can now be rented to anyone, regardless of whether they are related to the occupants of the primary dwelling. This means more options for renters, and provides the opportunity for owners to receive additional income from renting their secondary dwelling.

    For any new secondary dwelling, you will still need to speak with your council to understand if you need development approval for a secondary dwelling as this has not changed.

    Any new secondary dwelling will still require building approval.

  • The changes do not remove the requirement to obtain any relevant development approvals, building approvals or requirements under other legislation, such as in relation to fire safety.

  • A secondary dwelling is used in conjunction with, and subordinate to, another dwelling on the same lot. Generally a secondary dwelling is smaller in size and scale, commonly known as a granny flat.  A secondary dwelling cannot be developed by itself as it always accompanies a main dwelling.

    A Dual Occupancy is two dwellings on the same lot or two dwellings on separate lots that share a common property such as a driveway and front yard area.  A Dual Occupancy may have two dwellings, of the same or similar size and scale as each other.

  • If you have an existing lawful secondary dwelling (associated with an existing dwelling house), you don’t need to do anything.

    If you have a secondary dwelling that did not need planning approval, or the planning approval for the secondary dwelling does not contain conditions about occupancy, it can now be rented out.

    In circumstances where your development approval contains conditions that restrict its occupancy, you may need to follow the usual process outlined under the Planning Act 2016 for making a ‘change application’ to change to the existing conditions.

    Before you rent your secondary dwelling, you will need to check if additional building works are required to be undertaken that need a building approval, particularly in relation to fire safety.

  • There is no change to the fire safety or building framework as a result of the amendments.  However, a change to the way in which an existing secondary dwelling is occupied may trigger the need for a building application. Each homeowner will need to ensure their secondary dwelling complies with building code requirements so accommodation for renters is safe as well as complying with any other local government or legislative requirements.

    For example, if the use of a single dwelling with a granny flat changes to a single dwelling with a rented out secondary dwelling, then additional fire and sound transmission requirements of the building code will apply.

    For information about any additional requirements, advice should be sought from a building certifier. A list of licensed certifiers can be found here.

  • Tenancy agreements are available on the Residential Tenancies Authority’s website. There is no change to how a tenancy agreement would be made. The Residential Tenancies Authority provides advice on the type of agreement that would be required depending on the form of accommodation. For more information about tenancy agreements visit Tenancy agreements | Residential Tenancies Authority.

Last updated: 21 Jul 2026

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