Ancillary accommodation: granny flats, tiny homes and transportables

According to the Planning & Design Code, ancillary accommodation is defined as:

  1. located on the same site as an existing dwelling and is ancillary to that dwelling; and
  2.  can be (but need not be) self-contained; and
  3.  contains no more than 2 bedrooms or rooms or areas capable of being used as a bedroom.

In short, these accommodations are always secondary to the main dwelling on the subject site. This definition is not to be confused with dwelling or tourist accommodation definitions.

At a glance

Does the construction of ancillary accommodation require development approval?

Yes, regardless of how small or big the ancillary accommodation intends to be.

Under the Planning, Development and Infrastructure Act 2016, the proposed construction of ancillary accommodation requires development approval. The assessment will include both planning and building approval.

All development applications are lodged through the PlanSA portal.

Why do I need both planning and building approval?

Planning approval – to ensure the proposed ancillary accommodation is appropriately sited and does not negatively impact neighbours or the locality.

Building approval – as a habitable structure, the National Construction Code (NCC), requires it meets the mandated criteria as a safely liveable environment, is connected to water, wastewater facilities, and electricity, with minimum fire and structural provisions.

Who can live in an ancillary accommodation?

There are no existing limitations or restrictions on who can occupy the ancillary dwelling. 

Do I need approval for a pre-designed tiny home?

Yes, any and all flat packed, pre-designed, and/or readily-made available tiny homes and other related ancillary accommodations require development approval. 

This manufacturer claimed it meets council standards, is this true?

As a prospective buyer and a resident within the City of Onkaparinga, the onus is on the interested party to do the appropriate amount of research before financially committing to such a venture.

Council is not liable for individuals who purchase “council approved” homes, without lodging a development application and receive direct consent from council.

The lodgement of a development application ensures that the proposed tiny home or related ancillary accommodation, appropriately meets the standards set out by the relevant legislative material. This includes but is not limited to:

  • South Australia’s Planning & Design Code
  • SA Planning, Development and Infrastructure Act 2016
  • SA Planning, Development and Infrastructure (General) Regulations 2017
  • The Australian Building Codes Board’s National Construction Code (NCC).

Is there a penalty for not obtaining development approval?

Yes, there is a maximum monetary penalty of $120,000 for undertaking development without approval or undertaking development contrary to an approval that has been issued. Further compliance action may be enforced.

Converting a shed into a granny flat

There is potential to convert an existing shed on the property into a granny flat, however there are certain requirements it must meet. Understand the process and different regulations on our webpage:

Further information

Norman Waterhouse News | Ancillary Accommodation and Student Accommodation Definitions Review Code Amendment (article posted 11 December 2024)

 

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