The following are common questions asked in relation to seeking an ancillary dwelling on a residential property;
CAN I BUILD AN ANCILLARY DWELLING ON MY LOT?
An ancillary dwelling can be developed in association with Single Houses, Grouped Dwellings, and Multiple Dwellings.
Previously ancillary dwellings were restricted to Single House lots over 350m2 in area, however this requirement was removed on 10 April 2024.
This means you will be able to build an ancillary dwelling on your property no matter what the size of your land so long as it meets the relevant deemed-to-comply requirements under the of Residential Design Codes: Volume 1 which includes, but is not limited to, setbacks, site cover, height, visual privacy and access.
DO I REQUIRE DEVELOPMENT (PLANNING) APPROVAL?
Development approval is not required for an ancillary dwelling where:
- The development satisfies:
- The subject property is not a heritage-protected place (i.e. included on the Town’s Heritage list, located within a designated heritage area, or included in the State Register of Heritage Places). All ancillary dwellings and granny flats on heritage listed properties require development approval.
WHICH VOLUME AND PART OF THE RESIDENTIAL DESIGN CODES (R-CODES) SHOULD I BE USING?
You can find the zoning and R-Code of your property in the Town’s online mapping system,
Note - Zoning information can be viewed under the mapping modules 'Town Planning Scheme' or 'Property Planning Enquiry'.
WHAT ARE THE RELEVANT DEEMED-TO-COMPLY REQUIREMENTS?
Residential Design Codes: Volume 1 – Part B
Ancillary dwellings assessed under Part B of the R-Codes have the following deemed-to-comply provisions (see Part 5.5.1 – Ancillary dwellings):
- Be located on the same lot as a Single House or Grouped Dwelling;
- Maximum internal floor area (area within finished walls, including built-in furniture, though excluding garages) of 70m2;
- Provide one on-site car bay where the property is within Location B (see the section relating to carparking provided below) and maintains the required on-site car parking provided for the parent dwelling;
- The ancillary dwelling is located behind the street setback line (for primary street, secondary street and right of way setbacks refer to Clause 1 – Setbacks of Buildings Generally of LPP25);
- The ancillary dwelling does not prevent the Single House or Grouped Dwelling from meeting the required open space and outdoor living area; and,
- The proposal is required to comply with all other R-Code provisions (for example visual privacy, boundary walls and boundary setback requirements) except for site area, street surveillance (unless the lot has secondary street or right-of-way access) and outdoor living areas.
Residential Design Codes: Volume 1 – Part C
Ancillary dwellings assessed under Part C of the R-Codes have the following deemed-to-comply provisions (see Part 2.8 – Ancillary dwellings):
- The ancillary dwelling meets the below requirements of Table 2.8a (below), provided the ancillary dwelling doesn’t prevent the main dwelling from meeting the maximum site cover, minimum required private open space, soft landscaping, trees, and deep soil area;
- The ancillary dwelling complies with the following relevant design elements;
- 2.2 Solar access and natural ventilation;
- 3.4 Lot boundary setbacks;
- 3.5 Site works and retaining walls;
- 3.9 Solar access for adjoining sites; and,
CAN I FIND OUT IF MY ANCILLARY DWELLING REQUIRES DEVELOPMENT APPROVAL?
Yes, the Town offers a ‘Deemed-to-Comply’ check service that can confirm whether or not a Development application will be required from the Town. Further information about the process, including fees and application forms can be found here on the Town’s website.
WHO CAN LIVE IN AN ANCILLARY DWELLING?
Anyone can live in an ancillary dwelling, from a relative, friend or someone unknown to you who you or a real-estate agent enters into a rental agreement with.
DO I NEED MY NEIGHBOUR’S APPROVAL?
Neighbour’s approval is not required to lodge an Application for Development Approval (Development application or DA).
The Town will assess the application, and if required the Town will consult with affected neighbours in accordance with Local Planning Policy 37 – Community Consultation on Planning Proposals.
Examples of where neighbour consultation may be required include (but not limited to) variations to the R-Codes provisions relating to boundary setbacks, boundary walls, overshadowing, and visual privacy requirements.
IS ADDITIONAL CAR PARKING ON THE LOT REQUIRED?
Residential Design Codes: Volume 1 – Part B
The number of car parking spaces required on the lot is dependent on the distance the lot is from a high frequency bus route and/or rail route:
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Location A*
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Location B
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No additional car bays are required
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One (1) additional car bay to be provided for the ancillary within the property.
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*Location A is any property that satisfies one the following:
- 800m walkable catchment of a train station on a high frequency rail route; or
- 250m walkable catchment of a transit stop:
- on a high frequency transit route; or,
- that has multiple transit routes, that when combined stop every 15 minutes during weekday peak periods (7am – 9am and 5pm – 7pm).
If the property does not satisfy the above, then it is located within Location B.
‘Walkable catchment’ refers to the area served within walking distance along the street/footpath network measured from a stop/station entrance.
Refer to Residential Design Codes: Volume 1, Part B, 5.3.3 Parking for further information.
Residential Design Codes: Volume 1 – Part C
No additional car bay is required to be provided for the ancillary dwelling (regardless if the property is in Location A or B. A maximum of one garage or carport is to be provided for the ancillary dwelling.
Refer to Residential Design Codes: Volume 1, Part C, 2. Parking for further information.
HOW LONG DOES THE DEVELOPMENT APPLICATION PROCESS TAKE?
The Town has 60 days to determine the Development application as stipulated in the Planning and Development (Local Planning Scheme) Regulations 2015. If neighbour consultation is required the timeframe is extended to 90 days.
WHAT DEVELOPMENT FEES APPLY?
Please refer to the Town’s Planning Fees webpage.
WHAT INFORMATION DO I NEED TO PROVIDE WITH MY DEVELOPMENT APPLICATION?
Please refer to the Application for Development Approval Checklist – Residential to ensure all the required information is submitted as part of your application.
Further information about the process on lodging a Development application including development fee and application forms can be found on the Towns website at the hyperlinks.
Applications are to be lodged online. Please visit the online lodgement page to register and lodge your application.
DO I REQUIRE BUILDING APPROVAL (BUILDING PERMIT)?
A Building permit application for an ancillary dwelling is required to be submitted to the Town. The ancillary dwelling will need to meet the safety (structural and fire), health, amenity and sustainability requirements of the Building Code of Australia. Further information about the process on lodging a building permit including building application forms and checklists can be found on the Town’s website.
RATES AND GROSS RENTAL VALUE
Your rates are calculated based on the potential Gross Rental Value (GRV) of your property, which is determined by the Office of the Valuer General. They are responsible for the valuation and amendment of the GRVs of all Western Australian properties. The construction of an ancillary dwelling increases the potential rental value of your property. Upon issue of the Notice of Completion by the builder, The Office of the Valuer General revises the GRV and advises the Town’s Rates Department accordingly. The Town’s Rates Department will then issue an interim rating adjustment to your property via an interim notice that is payable within 35 days.
SERVICING
You may need to install new meters or sub-meters for electricity, gas or water, depending on how you plan to rent the ancillary dwelling. You should contact relevant gas and electricity distributors and the Water Corporation to understand the different options available and which one suits you best. You are also likely to need a licensed electrician or plumber to install any new services.