New planning rules secure granny flats for rental and boost design for new homes

Published Monday, 27 November 2023

New planning rules ensuring ‘granny flats’ can be rented to anyone and refining criteria to fast-track approvals for new homes in master-planned areas are now in effect.

Amended regulations now ensure all existing ancillary accommodation can be leased or rented out, potentially bringing hundreds of new homes to the rental market.

These changes mean it is no longer an offence to enter into an agreement to rent a granny flat with anyone, even if development approval limits use or restricts occupation to family of the main home’s residents.

Not only do these new planning rules aim to increase housing supply and relieve housing pressure, but may also provide additional income to people with granny flats who are facing difficulties due to increased costs of living following the COVID-19 pandemic.

These regulation amendments are the next step in a bigger package of rule changes being considered, including streamlining the approval pathway for ancillary accommodation and reviewing the existing definition to enable these dwellings to be self-contained.

Following feedback from the Local Government Association, updates have also been made to regulations enabling new homes in master-planned growth areas to be assessed as ‘accepted development’, which removes the need for planning consent and progresses applications straight to building assessment.

Changes include only applying ‘accepted development’ to existing allotments and new criteria for:

  • setbacks from the street and side boundaries
  • driveways, garages and parking spaces
  • finished floor levels to boost protection in flood-risk areas.

These additional criteria will ensure better long-term design for residents in master planned communities and homes that are well suited to their local setting.

These changes also provide greater protection to state and local heritage, ensuring State Heritage Areas, State Heritage Places and Local Heritage Places in master-planned growth areas still undergo the full development assessment process.

These are the latest initiatives in a suite of South Australian Government announcements under A Better Housing Future, designed to address the state’s housing crisis.

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