Ultimate Guide on How to Secure Council Approval for Granny Flats in NSW
- hawkbuildingdesign
- Jul 8, 2025
- 4 min read
Granny flats, also referred to as secondary dwellings, are gaining significant traction among homeowners in New South Wales (NSW). They offer a fantastic solution for families needing extra space, creating rental opportunities, and boosting property value. Navigating council approval for a granny flat can be straightforward if you know the right steps to take. This guide will help you secure council approval specifically in Shellharbour, Kiama, and Shoalhaven Councils.
Understanding the Basics of Granny Flats
Granny flats are compact, self-contained homes located on the same lot as a primary residence. Each local council in NSW has distinct rules and regulations governing these structures.

Before you begin, it’s critical to understand the State Environmental Planning Policy (SEPP) that pertains to granny flats. This policy lays out requirements that homeowners must adhere to when considering adding a granny flat.
Key SEPP Granny Flat Requirements
Land Size: Your property must measure at least 450 square meters.
Setbacks: The granny flat must respect minimum setbacks from the boundaries as defined by your local council.
1. Shoalhaven Council - 3 meters from the rear boundary, 1 meter from side boundaries, and 4 meters from the primary street frontage.
2. Kiama Council - 3 meters from existing building lines
3. Shellharbour City Council - 900mm from side boundaries and 3 meters from the rear boundary, with a 4.5-meter setback from the front boundary
Height and Size: The height of granny flats is limited to 3.5 meters and usually restrict the maximum floor area to 60 square meters.
Design Standards: The design should harmonize with the primary residence, ensuring visual consistency.
Easements: Be aware of any existing easements that may affect your build.
These requirements are crucial for expertly navigating the council approval maze.
Step-by-Step Process to Secure Council Approval
1. Research Local Regulations
Understanding the specific regulations of your local council is essential. For instance, Shellharbour requires slightly different documentation compared to Kiama or Shoalhaven. For accurate guidance, visit each council’s website to gather critical information on their unique requirements.
2. Engage a Qualified Designer or Architect
Working with us will make your approval process smoother. We can design a granny flat that not only fulfills SEPP guidelines but also aligns with your personal vision circumstance and needs. For instance, incorporating energy-efficient features can appeal to local councils that prioritize sustainability.
3. Prepare Your Application
After your designs are finalized, start preparing your application. Essential documents typically include:
Site plans: These should clearly show existing structures and your proposed granny flat.
Floor plans: Well-detailed layouts that allow the council to visualize the space.
Compliance certificates: Documents proving that your plans comply with zoning laws and building requirements.
Take the time to fill out all forms carefully to avoid delays.
4. Submit Your Application for Approval
Submit your application to your local council. Be ready for follow-up questions or requests for additional paperwork. Regular communication with council officers can significantly clarify any concerns they may have.
5. Community Consultation
Some councils mandate community consultations to gather feedback from your neighbors. This stage is important, as engaging with your community upfront can help alleviate potential objections later. If your neighbors have concerns about privacy or aesthetics, addressing these in advance can foster goodwill.
6. Wait for the Decision
After you've submitted your application, the council will review it based on local development standards and policies. Approval times can vary; expect anywhere from a few weeks to several months, depending on the council's workload. Staying informed by contacting the council planning office can help you keep track of the process.
The Granny Flat CDC Process
For a faster route, consider applying for a Complying Development Certificate (CDC). This expedited approval process allows specific developments to bypass the standard assessment.
Advantages of the CDC Process
Faster Approval: Approval often takes around 10 days, compared to standard applications that can take weeks or months.
Less Red Tape: The CDC process tends to have fewer requirements than standard applications.
Eligibility for a Granny Flat CDC
To qualify for a granny flat CDC, your design must comply with SEPP requirements. Ensure your plans meet these criteria before applying. The application requires a comprehensive site plan, architectural drawings, and engineering reports prepared by a qualified professional.
Common Challenges and How to Overcome Them
Even with proper planning, some challenges may arise during the application process:
1. Neighbor Objections
Neighbors may voice concerns during community consultations. To prevent conflicts, consider having informal chats with surrounding homeowners about your plans before formally submitting your application.
2. Non-compliance Issues
If there are non-compliance issues with your primary residence, get those resolved prior to applying for a granny flat. For example, if your existing home has issues related to zoning, clear those up to avoid complications during your granny flat approval.
3. Documentation Delays
Incomplete or poorly prepared documentation is a common cause of delays. Double-check that all architectural and engineering documents are complete and accurate. An organized submission can significantly smooth the process.
Final Thoughts
Securing council approval for granny flats in NSW does not have to feel overwhelming. With this guide, homeowners can better understand and navigate the process relevant to Shellharbour, Kiama, and Shoalhaven Councils.

By familiarizing yourself with SEPP requirements, preparing thorough applications, and taking advantage of the CDC option, you will enhance your chances of a successful outcome. Additionally, granny flats can significantly increase your property's value, making them a smart investment.
As you embark on building your granny flat, remember these steps. Keeping informed and proactive will lead you toward establishing a cozy, functional space that benefits your family and enriches the community.
Staying engaged and understanding the process can help you create the ideal granny flat that serves your needs and adds to your neighborhood's charm.






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