If you’re intending to build what the Building Code of Australia defines as a ‘habitable room’ it’s definitely going to need some form of approval and certification depending on the rules and regulations pertaining to your site and location.
Backyard building approvals in Australia
Learning the rules about 'habitable rooms'
NON-HABITABLE ROOMS
The definition of a non-habitable room includes a storage room, pantry, bathroom, laundry, toilet, hallway, walk-in wardrobe, corridor, gazebo, cabana, photographic darkroom, shed, and other types of rooms where human beings wouldn’t spend a significant amount of time. In most locations, it’s possible to build a non-habitable room up to a certain size without approval. In NSW legislation, for example, non-habitable rooms up to 20sqm could be allowed on suburban blocks without building approval, providing some basic conditions are met, however other states have different rules. Just to be on the safe side, always check the rules about non-habitable rooms in your area, as specific to your site, before proceeding with any project.
HABITABLE ROOMS
The definition of a habitable room includes a bedroom, study, sewing room, dining room, living area, media room, home office, guest room, sleepout, etc. These rooms are literally an extension to the livable space of your primary residence, even if separate from the main building. Our society insists that all habitable rooms are constructed so as to be safe and suitable for humans to occupy, which means also being insurable, properly connected to services, etc. For all habitable rooms, regardless of size, compliance with regulations is mandatory.
ATTENTION TO COMPLIANCE
What could go wrong if you complete a non-compliant backyard development? Many things such as potentially voiding the insurance on your main house, being forced to remove or modify your non-compliant structure, not being insured for any injury to an occupant, and other potential risks that could arise.
Although compliance with habitable rooms and granny flat developments may cost a bit to achieve, think of it as a solid investment. It costs the same to construct the building in any case but a compliant structure adds perceived value to your home whereas a non-compliant structure could be offputting to future buyers.
Confused about regulations and needing to find out ASAP if your project would likely get approval? Get a quick pre-approval project appraisal and advice on your site from a qualified architect.
NSW: pre-approved backyard gazebos, sheds, cabanas, etc
Exempt developments in residential-zoned areas
Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses are the types of freestanding backyard structures which could potentially qualify for exemption from approval processes in NSW. What people call backyard pods, backyard cabins, backyard studios, etc may or may not be classified as “cabanas” or “sheds” for pre-approved development in residential and rural areas. Consider some basic rules below:
Floor area of structure not exceeding 20 square metres
Height of structure not exceeding 3m above existing ground level
Behind the building line of any road frontage
Not a shipping container
Not a 'habitable' room (eg: not a bedroom or room used by people for lengthy periods)
Roofwater managed without causing nuisance to any adjoining owner
If metal, constructed of low reflective, factory pre-coloured material (eg: Colorbond®)
If on bushfire-prone land less than 5m from a dwelling, built from non-combustible material
If adjacent to another building, not interfering with the building accessibility or fire safety
Not connected to water supply or sewerage services
Not more than 2 such developments per residential allotment
Backyard pods of up to 3m x 6m or 3.6 x 5m may qualify as an exempt development in residential areas because of features such as the low structural profile, non-reflective and non-combustible Colorbond corrugated-profile exterior walling, and inclusion of a proper guttering system to allow for the environmentally-friendly collection of excess roofwater in a rainwater tank, or stormwater disposal.
If you’re in NSW, review Section 9 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 legislation with reference to your specific situation.
We simply supply backyard pod kits according to the purchaser’s instructions. It is ultimately your responsibility to ensure your plans for development and your intentions for use are either exempt or compliant with guidelines as specific to your proposed site and any regulations affecting your local area.
NSW: exempt developments in rural-zoned areas
The rules for exempt development of cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses on rural-zoned properties are essentially the same as the rules for residential-zoned properties, the two major differences being:
Floor area of structure not exceeding 50 square metres
Not necessarily behind the building line of any road frontage
Backyard pods up to the maximum available sizes of 3m x 10m or 3.6 x 10m may qualify as an exempt development in rural areas because of features such as the low structural profile, non-reflective and non-combustible Colorbond corrugated-profile exterior walling, and inclusion of a proper guttering system to allow for the environmentally-friendly collection of excess roofwater in a rainwater tank, or channeling into larger rainwater storage tanks.
If you’re in NSW, review Section 9 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 legislation with reference to your specific situation.
We simply supply backyard pod kits according to purchaser instructions. It is ultimately your responsibility to ensure your plans for development and your intentions for use are either exempt or compliant with guidelines as specific to your proposed site and any regulations affecting your local area.
Brisbane QLD: granny flat regulations
In general, the regulations surrounding granny flat developments in Queensland tend to be more relaxed than in New South Wales. For example, read the Brisbane City Council granny flat fact sheet.
Gold Coast QLD: granny flat regulations
The rules for granny flats on the Gold Coast are not the same as in Brisbane. Read the Gold Coast building regulations for secondary dwellings.