Queensland's secondary dwelling legislation: What you need to know

Queensland has taken steps to ease housing pressures by amending regulations around secondary dwellings, often referred to as "granny flats." These changes, implemented in 2022 aimed to increase the availability of affordable housing options.

Definition:

“A secondary dwelling is a small and self-contained home on the same site where there is already a house. They are commonly known as granny flats. Secondary dwellings can be attached to or separate to the other home, but they are always located on the same lot.”

Key points:

• Relaxed occupancy restrictions:

  A significant change was the removal of restrictions on who can occupy secondary dwellings. Previously, occupancy was often limited to family members. Now, homeowners can rent these dwellings to anyone.

  Our most recent change, implemented in September 2022, provided greater flexibility for homeowners and expands housing options for renters.

• Focus on housing availability:

  This legislative amendment was part of a broader effort to address housing affordability and availability in Queensland.

  The government recognizes that secondary dwellings can play a vital role in providing diverse housing options.

• Continued requirements:

  It's crucial to understand that while occupancy restrictions have eased, other requirements remain.

  Homeowners still need to ensure their secondary dwellings comply with relevant building codes and safety regulations.

  Local council approvals may still be necessary, depending on the specific circumstances.

  Building approvals are still required.

• Tenancy agreements:

  Tenancy agreements are still needed, and the type of agreement will depend on the dwellings configuration. The residential tenancies authority (RTA) is still the place to go for information on that.

Important considerations:

• Local council regulations:

  Always check with your local council for specific regulations and requirements in your area.

• Building and safety standards:

  Ensure your secondary dwelling meets all necessary building and safety standards, particularly regarding fire safety.

• Tenancy laws:

  Familiarise yourself with Queensland's tenancy laws to ensure you comply with your obligations as a landlord.

In essence:

The Queensland government has made it easier to rent out secondary dwellings, but homeowners must still adhere to building codes and local council regulations. These changes are intended to increase housing availability and provide more options for both homeowners and renters.