Secondary Dwellings
In September 2022, the Queensland Government made changes to the dwelling house land use definition in the Planning Regulation 2017.
Dwelling house including a secondary dwelling
A dwelling house is defined in the Planning Regulation 2017, Schedule 24 as the following:
dwelling house means a residential use of premises involving-
(a) 1 dwelling and any domestic outbuildings associated with the dwelling; and
(b) 2 dwellings, 1 of which is a secondary dwelling, and any domestic outbuildings associated with either dwelling.
Secondary dwelling
A secondary dwelling (commonly referred to as a granny flat) falls under the definition of a dwelling house (whether attached or detached). It must be subordinate to the primary dwelling.
A secondary dwelling is defined in the Planning Regulation 2017, Schedule 24 as the following:
secondary dwelling means a dwelling on a lot that is used in conjunction with, but subordinate to, another dwelling on the lot, whether or not the dwelling is-
(a) attached to the other dwelling; or
(b) occupied by individuals who are related to, or associated with, the household of the other dwelling.
Renting a secondary dwelling – changes in 2022.
The amendment to the Planning Regulation 2017 in September 2022 provided greater flexibility and removed the restriction on who can live in a secondary dwelling. The occupants of the secondary dwelling no longer need to form part of the same household as the occupants of the primary dwelling.
For further information visit the Department of State Development, Infrastructure and Planning website - https://www.planning.qld.gov.au/planning-issues-and-interests/granny-flats.
What if the secondary dwelling is not subordinate?
If the secondary dwelling is not subordinate, the use would be defined as a dual occupancy.
dual occupancy
(a) means a residential use of premises involving –
(i) 2 dwellings (whether attached or detached) on a single lot or 2 dwellings (whether attached or detached) on separate lots that share a common property; and
(ii) any domestic outbuilding associated with the dwellings; but
(b) does not include a residential use of premises that involves a secondary dwelling.
Do I need a planning approval from Weipa Town Authority for a dwelling house (this includes a dwelling house including a secondary dwelling)
A dwelling house in the low-density residential zone does not require a planning approval from Weipa Town Authority.
A dwelling house in the medium density residential zone does not require a planning approval if the development complies with the acceptable outcomes of the dwelling house code and the medium density residential zone code in the planning scheme.
The planning scheme and the zoning maps are available here https://www.weipatownauthority.com.au/Doing-Business/Building-and-Development/Town-planning-scheme
Do I need a building approval and plumbing approval?
Yes. A building approval will be required from a building certifier and plumbing and drainage approval will be required from Weipa Town Authority.
What is a Tiny Home – fixed tiny home for permanent accommodation or tiny home for temporary use
A tiny home is not specifically defined under Queensland’s planning framework, but is commonly a small and compact dwelling.
For further information visit the Department of State Development, Infrastructure and Planning website - https://www.planning.qld.gov.au/planning-issues-and-interests/tiny-homes
Depending on the operation of these dwellings and the configuration on the site, one of the following land use definitions might apply:
- Dwelling house, this includes a dwelling house including a secondary dwelling
- Dual occupancy
- Multiple dwelling
- Relocatable home park
Can I install a tiny home as a dwelling or secondary dwelling for permanent accommodation?
A tiny home could be considered a dwelling house or a secondary dwelling. A planning approval may be required as well as a building approval and plumbing and drainage approval.
Some tiny homes are designed as registered caravans. If you wish to convert a caravan to a permanent dwelling Weipa Town Authority recommends you seek advice from a registered builder or building certifier.
Can I install a tiny home on wheels?
A tiny home on wheels is considered to be a caravan, not a dwelling. Caravans are regulated under the Transport Operations (Road Use Management Act 1995).