Queensland rules, decoded
Granny flat rules in Queensland —
approvals, sizes and renting law.
On 26 September 2022 Queensland changed its Planning Regulation so a secondary dwelling — a granny flat — can be rented to anyone, related to you or not, in every council area of the state. This guide sets out what qualifies as a secondary dwelling, the approvals you actually need, the size caps in Brisbane, Moreton Bay, Logan and Gold Coast, and the tenancy-law pathways for earning income from one — verified against Queensland Government sources as at August 2026.
By Joey Don · Co-Founder & CEO, E2ES
What changed on 26 September 2022 — rent to anyone, state-wide
Before September 2022, most Queensland planning schemes only allowed a secondary dwelling to be occupied by members of the same household as the main house — think elderly parents or adult children. Renting it to an unrelated tenant on the open market was, in planning terms, a different (and usually unapprovable) use.
On 26 September 2022 the Queensland Government amended the Planning Regulation 2017 to remove that restriction across the whole state. The reform’s logic, in the government’s own words, is that the relationships between occupants of a dwelling "should not be considered in a planning assessment of how land is used". The practical effect: any secondary dwelling can now be rented to anyone — family, friends, or a tenant you have never met — regardless of which council you are in.
Two things did NOT change, and this is where most online summaries go wrong. First, the approval requirements to build a secondary dwelling are untouched: you still need building approval, and depending on your council and zone you may still need planning (development) approval. Second, the moment you rent it out, Queensland tenancy law applies in full — bond, agreement, minimum housing standards. Both are covered in detail below, because getting them right is exactly what turns a backyard build into a durable second income stream.
What counts as a secondary dwelling — and how it differs from a dual occupancy
In Queensland planning language, a granny flat is a "secondary dwelling": a self-contained dwelling on the same lot as a primary dwelling house, used in conjunction with — and subordinate to — the main house. It shares the lot and the title. It can be detached (a backyard build), attached, or above a garage. Because it is part of the "dwelling house" use, it is assessed under the house-scale rules, not the multi-unit rules.
A "dual occupancy" (duplex) is legally different: two dwellings on one lot as a use in its own right, with neither dwelling subordinate to the other. Dual occupancy is assessed under its own planning rules — the Queensland Development Code has a separate siting standard for it (MP 1.3, versus MP 1.1/1.2 for houses and their secondary dwellings) — and in most zones it needs a development application, with neighbour-notification and longer timeframes in many cases. In exchange, some schemes allow a dual occupancy to be subdivided or separately titled, which a secondary dwelling never can be.
Which one is right for you is a goals question, not a rules question. If you want a compliant second income on the title you already own, with the lightest approval load, the secondary dwelling is the direct path. If your end-game is two fully independent, separately titled dwellings, that is a dual occupancy project — a planning pathway with more steps, and one we scope and manage for you rather than something to attempt solo.
The approvals you actually need — planning side
Whether a secondary dwelling needs planning (development) approval depends on your council’s planning scheme and your zone. The good news: in most low-density and general residential zones across South East Queensland, a secondary dwelling that stays within the scheme’s limits — size cap, distance from the main house, site cover, setbacks — is "accepted development", meaning no development application, no neighbour notification, and no council planning fee. You go straight to building approval.
Fall outside a limit — larger than the cap, further from the main house than allowed, or on land with an overlay such as flood, bushfire hazard or character — and the project does not die; it moves to a development-approval pathway where council assesses it on its merits. Rural and acreage lots often sit here too. That pathway is routine work for us: we prepare the application, deal with council, and confirm your timing in writing after the site assessment rather than guessing.
The Queensland Government is also progressively standardising these rules: a draft State Code for secondary dwellings was consulted from 30 September to 12 November 2024, and a state-wide Queensland Housing Code covering houses and secondary dwellings is being phased in. Until your council formally adopts the new standards, its current planning scheme remains the operative test — which is why we check the live scheme for your exact lot, in writing, before you commit to anything.
The approvals you actually need — building approval, always
Every new secondary dwelling in Queensland needs building approval before construction starts — the 2022 rental reform did not touch this, and there are no exceptions. The approval is issued by a building certifier (almost always a private certifier, which is the fast route) against the National Construction Code: a granny flat is a Class 1a dwelling, the same classification as a house, with the same structural, waterproofing, energy-efficiency and safety requirements.
Siting — setbacks from boundaries, height, site cover — is assessed under the Queensland Development Code: MP 1.1 for lots under 450 m² and MP 1.2 for lots of 450 m² and over, unless your council’s planning scheme sets alternative standards (several do). Where a proposed position does not meet an acceptable solution, the certifier can refer a siting variation to council — another reason the dwelling’s position on the lot is decided at the site assessment, not after contract.
Plumbing and drainage approval sits with council in parallel, and connection points for water, sewer and power are confirmed as part of design. On an accepted-development lot, this whole approval stack runs at private-certifier speed — typically a matter of weeks, and we confirm your dates in writing after the site assessment. On overlay or rural lots, the development-approval step comes first: permit pathway, timing confirmed in writing after site assessment.
Council by council — size caps and siting in SEQ
The state sets the framework; your council sets the numbers. The four schemes below cover most of the South East Queensland lots we assess. Treat the figures as the scheme position we verified in August 2026 — councils amend their schemes, so the number that matters is the one we confirm in writing for your lot at the site assessment.
Brisbane (Brisbane City Plan 2014): a secondary dwelling of up to 80 m² gross floor area in most residential zones (up to 100 m² on rural land), located within 20 metres of the main house, with total site cover across all structures generally within 50%. Within those limits it is assessed as part of the dwelling house — the accepted-development fast lane.
Moreton Bay: the Better Housing Amendment (in effect 30 October 2024) introduced a tiered cap tied to lot size — 45 m² GFA on lots of 450–800 m², 55 m² on lots over 800 m², and up to 100 m² in rural and rural-residential zones. The secondary dwelling must sit within 10 metres of the main house in the general residential zone (50 metres in rural zones).
Logan: up to 70 m² in residential zones on lots under 1,000 m², and up to 100 m² on larger lots. Logan also has a second, separate pathway unique to its scheme — the "auxiliary unit" (minimum 450 m² lot, up to two bedrooms) — which pre-dates the state reform and has its own rules and infrastructure-charge treatment. Which pathway fits your lot is part of our written assessment.
Gold Coast: up to 80 m² GFA in residential zones and 90 m² in rural-residential, with a maximum of two bedrooms; council can consider larger proposals (up to around 120 m²) on their merits, but above 80 m² infrastructure charges apply. As everywhere, exceeding a cap doesn’t end the project — it changes the approval pathway, and we tell you which one you are on before you spend anything.
Which pathway is your lot on? Find out in writing — free.
Configure your build in the interactive preview, or book a free site assessment. We check your zone, your council’s size cap, overlays and the approval pathway, and give you a written answer before you spend a cent.
Renting law I — renting the whole granny flat (the direct path)
Renting the entire secondary dwelling to one tenant (or one co-tenant group) is the simplest, most direct legal configuration, and since 26 September 2022 it works in every Queensland council area. The tenancy sits under the Residential Tenancies and Rooming Accommodation Act 2008 as a general tenancy: a written agreement (Form 18a), a bond lodged with the Residential Tenancies Authority (RTA) — not held by you — and rent, entry, repairs and ending-a-tenancy rules identical to any house or unit.
Queensland’s minimum housing standards apply to the dwelling — weatherproof and structurally sound, functioning locks, no vermin/damp/mould issues, adequate plumbing, privacy coverings, and functioning cooking and food-preparation facilities. These standards commenced for new tenancies on 1 September 2023 and for all tenancies from 1 September 2024. A new, building-approved Class 1a build meets them by construction — one of the quiet advantages of building new rather than converting a shed.
This is what a two-income property looks like on the direct path: your main house on one general tenancy agreement, your secondary dwelling on a second general tenancy agreement — two households, two agreements, both fully inside the Act. No special licence, no registration, no rooming-accommodation machinery. It is the configuration we design for by default.
Renting law II — renting by the room, and where the rooming-accommodation lines sit
Queensland also lets you rent room-by-room — and for a two-bedroom secondary dwelling this is a workable configuration, provided you know exactly where the legal lines sit. Two separate regimes can be triggered by room-by-room renting, and both have clear numeric thresholds.
Line one — the RTRA Act’s rooming accommodation provisions (s 15): where residents rent a room and share facilities such as the kitchen or bathroom, the arrangement is "rooming accommodation" and uses the rooming agreement (Form R18) with its own rights and duties, instead of a general tenancy. One carve-out matters for owner-occupiers: if the owner lives on the premises and rents out no more than three rooms, the arrangement sits outside the Act entirely; from four or more rented rooms, the rooming accommodation provisions apply.
Line two — the Residential Services (Accreditation) Act 2002: once you provide accommodation to four or more residents who each pay rent individually and share facilities, you are operating a registrable "residential service" — registration and accreditation with the state regulator become mandatory, with substantial penalties for operating unregistered. This is the line that separates "renting out a couple of rooms" from "operating a boarding house".
Read those lines against a two-bedroom secondary dwelling and the position is comfortable: two residents renting two rooms sits under both thresholds — no residential-service registration, and a clean documented setup using the correct agreement type. We set the structure up with you (agreement type, bond lodgement, standards checklist) so the paperwork matches the configuration from day one. And if your ambitions are bigger — three, four or more separately rented rooms across the property — that is not a dead end either: it is a rooming-accommodation / residential-service compliance project with registration steps we can scope with you before you commit.
Two incomes from one lot — the compliant menu
Put the planning chapter and the tenancy chapter together and Queensland gives a homeowner three legitimate routes to more than one income stream from a single lot. Each has different paperwork, and all three are things we set up rather than leave you to navigate.
Route one — the direct path: main house rented on one general tenancy, secondary dwelling rented on a second general tenancy. Two agreements, two bonds lodged with the RTA, no licence, no registration, works in every council area since 26 September 2022. This is the default configuration for our two-bedroom builds.
Route two — room-by-room inside the granny flat: a two-bedroom secondary dwelling rented to two residents, structured with the correct agreement type and inside the thresholds described above. Direct, documented, and reversible — you can always consolidate back to a single whole-dwelling tenancy later.
Route three — dual-layout and dual-occupancy configurations: floor plans with two self-contained wings, or a full dual occupancy with two independent dwellings. These are genuinely attractive designs, and in Queensland they sit on a planning pathway of their own — so we offer them subject to a planning pathway we manage for you, with the approval route and timing confirmed in writing after the site assessment rather than promised up front.
Overlays, acreage and rural lots — the site-assessment questions
A meaningful share of Queensland enquiries come from acreage and rural-residential owners — lots with room to spare, and often the strongest case for a second dwelling. The rules there are friendlier on size (rural caps of 90–100 m² in the schemes above) but stricter on process: rural zones and overlay-affected land are where development approval, bushfire hazard and flood mapping most often enter the picture.
None of that is a reason to stop; it is a reason to sequence properly. Bushfire-prone land means the build is designed to the required bushfire attack level; flood-mapped land means floor levels and siting respond to the mapping; character and heritage overlays shape materials and placement. Each of these is a known, solvable design input — what they change is the approval pathway and the timeline, which is exactly why for overlay and rural lots we work on one rule: permit pathway, timing confirmed in writing after site assessment.
The site assessment itself is free and produces a written answer: your zone, your overlays, your council’s size cap, which approval pathway applies, and what the sequence looks like. You know where you stand before you have spent anything.
Sources and currency of this guide
This guide was verified on 5 August 2026 against the Queensland Government sources listed below. Planning schemes amend and state codes are being progressively rolled out, so always confirm the position on your specific lot before committing — E2ES does this for you, in writing, at the free site assessment.
Primary sources
- Planning Queensland — Changes to secondary dwellings26 September 2022 Planning Regulation 2017 change: secondary dwellings may be rented to non-household members, state-wide.
- RTA Queensland — Changes to renting granny flats explainedResidential Tenancies Authority guidance on the 2022 change and which tenancy agreement applies.
- Residential Tenancies and Rooming Accommodation Act 2008 (Qld)The Act covering general tenancies and rooming accommodation, including the s 15 rooming accommodation definition.
- RTA Queensland — Rooming accommodation coverage fact sheetWhen room-by-room renting is covered by the rooming accommodation provisions (owner-occupier ≤ 3 rooms exemption; 4+ rooms covered).
- Residential Services (Accreditation) Act 2002 (Qld)Registration + accreditation regime for residential services (4 or more residents renting individually with shared facilities).
- Business Queensland — Definition of a residential servicePlain-language government statement of the 4-or-more-residents registration threshold.
- Queensland Development Code MP 1.1 (lots under 450 m²)Design and siting standard for single detached housing — applies to a dwelling house including a secondary dwelling.
- Queensland Development Code MP 1.2 (lots 450 m² and over)Design and siting standard for single detached housing on larger lots.
- Queensland Development Code MP 1.3 (duplex housing)The separate siting standard that applies to dual occupancy / duplex housing — the boundary line between a secondary dwelling and a dual occupancy.
- Draft State Code for a Dwelling House that is a Secondary DwellingState-wide siting/design code for secondary dwellings, consulted 30 September – 12 November 2024.
- Brisbane City Plan 2014 (ePlan)Dwelling house code — secondary dwelling up to 80 m² GFA (100 m² rural), within 20 m of the primary dwelling.
- Logan City Council — Domestic housing fact sheetSecondary dwelling vs auxiliary unit definitions and size limits in the Logan Planning Scheme.
- City of Moreton Bay — planning schemeBetter Housing Amendment (30 October 2024): tiered secondary dwelling GFA caps of 45 m² / 55 m² / 100 m².
Frequently asked questions
Yes. Since 26 September 2022, when the Queensland Government amended the Planning Regulation 2017, a secondary dwelling can be rented to anyone — related to you or not — in every council area of the state. The tenancy must follow Queensland tenancy law: a written agreement, bond lodged with the RTA, and minimum housing standards. Approval requirements to build the dwelling were not changed by the reform.
Building approval, always — issued by a building certifier against the National Construction Code (a granny flat is a Class 1a dwelling), with siting under QDC MP 1.1 (lots under 450 m²) or MP 1.2 (450 m² and over) unless your council sets its own standards, plus council plumbing approval. Planning (development) approval depends on your council and zone: within scheme limits in most residential zones a secondary dwelling is accepted development and needs no development application; exceed a cap or hit an overlay and it moves to a development-approval pathway we manage, with timing confirmed in writing after the site assessment.
It depends on your council. Verified against the current schemes: Brisbane allows up to 80 m² GFA in most residential zones (100 m² rural, within 20 m of the main house); Moreton Bay allows 45 m² on lots of 450–800 m², 55 m² over 800 m², and up to 100 m² in rural zones (since the 30 October 2024 Better Housing Amendment); Logan allows 70 m² on residential lots under 1,000 m² and 100 m² on larger lots; Gold Coast allows 80 m² in residential zones (90 m² rural-residential, maximum two bedrooms). Exceeding a cap changes the approval pathway rather than ending the project — we confirm your council’s live numbers in writing at the free site assessment.
A secondary dwelling is self-contained but subordinate to the main house, on the same lot and title — it is assessed as part of the dwelling house (QDC MP 1.1/1.2) and can never be separately titled. A dual occupancy (duplex) is two independent dwellings on one lot as a use in its own right, with its own siting standard (QDC MP 1.3) and a development application in most zones — in exchange, some schemes allow subdivision or separate titles. Both can be rented to non-family since 26 September 2022. If separate titles are your end-game, dual occupancy is the pathway — one we scope and manage for you.
Under s 15 of the Residential Tenancies and Rooming Accommodation Act 2008, when residents rent a room and share facilities such as a kitchen or bathroom, the arrangement is rooming accommodation and uses the rooming agreement (Form R18) rather than a general tenancy. There is an owner-occupier carve-out: if the owner lives on the premises and rents no more than three rooms, the arrangement sits outside the Act; from four or more rented rooms the rooming provisions apply. A two-bedroom granny flat with two residents sits comfortably under the thresholds when set up with the correct agreement type.
Only above a clear threshold. Under the Residential Services (Accreditation) Act 2002, providing accommodation to four or more residents who each pay rent individually and share facilities makes you a registrable residential service — registration and accreditation are then mandatory, with significant penalties for operating unregistered. Renting a whole granny flat on one tenancy, or a two-bed granny flat to two residents, sits under that line. If you do want to operate at boarding-house scale, that is a compliance project with registration steps we can scope with you first.
Renting the whole dwelling to one tenant or co-tenant group: a general tenancy agreement (RTA Form 18a), with the bond lodged with the Residential Tenancies Authority — the same paperwork as renting out a house. Renting room-by-room where the rooming accommodation provisions apply: a rooming accommodation agreement (Form R18). Queensland minimum housing standards apply to all tenancies (phased in 1 September 2023 to 1 September 2024) — a new building-approved Class 1a build meets them by construction.
Yes — there are three compliant routes. The most direct: rent the main house on one general tenancy and the secondary dwelling on a second general tenancy — two agreements, two RTA-lodged bonds, no licence or registration, valid in every council area since 26 September 2022. Second: rent a two-bedroom granny flat room-by-room to two residents, inside the statutory thresholds and with the correct agreement type. Third: dual-layout or dual-occupancy designs — offered subject to a planning pathway we manage for you, with the route and timing confirmed in writing after the site assessment.
Our Queensland site assessments focus on South East Queensland — Brisbane, Moreton Bay, Logan and Gold Coast council areas — where we track the live planning-scheme numbers in this guide, and we can assess neighbouring SEQ councils on request. Every engagement starts with the same free written site assessment: zone, overlays, size cap, approval pathway and sequence for your exact lot.
It depends on which pathway your lot is on. On an accepted-development lot — within your council’s size and siting limits, no blocking overlay — there is no development application at all, and the approval stack runs at private-certifier speed, typically a matter of weeks, with your dates confirmed in writing after the site assessment. On overlay-affected, acreage or rural lots, a development-approval step comes first: permit pathway, timing confirmed in writing after site assessment. Either way you get the answer in writing before you commit.
Important information
This guide summarises publicly available planning and tenancy law as at 5 August 2026, with links to the primary sources. E2ES is a builder, not a law firm, planning consultant or licensed conveyancer — nothing here is legal advice, and it is not a substitute for advice on your specific lot. Planning schemes, council policies and tenancy regulations change, and how they apply depends on your zone, overlays, title and existing buildings. Verify the current position with your council or a qualified adviser before you commit money. Where we manage an approval for you, the applicable pathway and its requirements are set out in writing before contract.
Which pathway is your lot on? Find out in writing — free.
Configure your build in the interactive preview, or book a free site assessment. We check your zone, your council’s size cap, overlays and the approval pathway, and give you a written answer before you spend a cent.
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