Secondary Dwelling/Granny Flat: Section 73 Certificate Requirement and Building Plan Approval
Secondary Dwellings such as Granny Flats offer a diverse and affordable housing solution in our current market. If you are thinking of developing a secondary dwelling on your property make sure you check the following guidelines for secondary dwellings to confirm Section 73 Compliance Certificate requirement.
Is your development considered a secondary dwelling?
According to the State Environmental Planning Policy (Affordable Rental Housing) 2009 or AHSEPP a granny flat or secondary dwelling is a self-contained accommodation within, attached or separate to a building/home (principle dwelling) on the same lot of land as the principle dwelling. For more details on the compliance of granny flats or secondary dwelling please see the State Environmental Planning Policy (Affordable Rental Housing) 2009.
Is a Section 73 Compliance Certificate required ?
If you dwelling complies as a secondary dwelling and has a floor area greater than 60m2 and is located within a priority sewer program area or where the property is served by a pressure sewer system the development will require a Section 73 Certificate.
A building plan approval will still need to be completed for the development of the secondary dwelling.
When a Section 73 Compliance Certificate is not required ?
If the development has been approved to be complying under the AHSEPP or the local council it does not require a Section 73 Compliance Certificate unless it is within a Priority Sewerage or Pressure Sewer Scheme. This includes secondary dwellings or granny flats with the following features:
- A maximum floor area up to and equal to 60 m2
- The development of the dwelling is combined with minor alterations or additions to the existing development
- The development has been combined with a ‘knock down rebuild’ of an existing dwelling.
A building plan approval will still need to be completed for the development of the secondary dwelling.
What are the Council Requirements for secondary dwellings ?
For more information about council requirements for secondary dwellings please visit the NSW Planning Portal.
For more information on Sydney Water’s network and requirements please visit their website www.sydneywater.com.au or visit our website www.watertight.com.au for more information on our Sydney Water services and how we can assist you with your new or existing development.
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