Practical law for real people - Visual Legal

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Adding a granny flat — or what the law now calls an ancillary dwelling — is one of the smartest ways many Adelaide and South Australian families are solving housing needs. 

It can provide space for ageing parents, adult children, rental income, or simply extra room on your block. 

The South Australian Government has made the process easier in recent years, especially with statewide “deemed-to-satisfy” rules and big 2023 updates that now allow you to rent the flat to anyone, not just family members.

At Visual Legal, we help homeowners navigate the planning, development, and legal side of ancillary dwellings. 

Here’s a clear, practical overview of the current rules, costs, and steps as of 2026.

Can You Build One? The Basic Requirements

Yes — but you must meet the statewide “deemed-to-satisfy” criteria under the Planning, Development and Infrastructure (General) Regulations 2017 (as amended in 2023). 

If you comply, you can fast-track approval without a full development assessment in most cases.

Key requirements include:

• Minimum lot size: 600 m²
• Maximum floor area: 60 m²
• Maximum rooms: Up to two rooms (e.g., open-plan living/kitchen + one bedroom, or bathroom as the only separate room)
• Shared services: The ancillary dwelling must connect to the main house’s electricity, water, sewerage, and driveway — no separate connections allowed
• Private open space: At least 20 m² for the ancillary dwelling (must not reduce open space for the main house)
• Height & setbacks: Maximum wall height 3 m; must be at least 500 mm behind the main home’s front building line; side setbacks consistent with zone rules (usually 900 mm minimum)
• Materials: No zinc or galvanised metal — Colorbond or similar is standard
• Landscaping: 10–25% soft landscaping (grass, gardens) depending on lot size
• Earthworks: Maximum 1 m cut / 2 m fill
• Roof coverage: 50% max on steep gradients, 40% on flat land
• Site coverage: Total buildings ≤ 50% of lot area
• Car parking: Meets zone requirements (e.g., setbacks for garages/carports to allow two spaces; driveway width limits on frontages ≤ 10 m)
• Living room window: Must face street, open space, or waterfront
• Flood zones: Finished floor level at least 300 mm above highest kerb point in Hazards (Flooding) Overlay areas

Big 2023 Update – Renting to Anyone

The Planning, Development and Infrastructure (General) (Ancillary Accommodation and Schedule 6A) Amendment Regulations 2023 changed everything. From 2023 onward, all ancillary dwellings (new or existing) can be rented or leased to anyone — not just family members. 

If your old Development Approval restricted occupation to relatives, that restriction no longer applies. You are not in breach if you rent to non-family.

This change addresses housing affordability and accessibility across SA and could unlock hundreds of new rental homes.

Other 2023 Refinements (Especially in Master Planned Zones)

• Accepted development pathway no longer applies if a building envelope plan exists over the site
• Excluded from State Heritage Areas, State Heritage Places, and Local Heritage Places
• Only applies to existing allotments (not new subdivisions)
• Primary street setback increased from 3 m to 5 m to align with Deemed-to-Satisfy rules in Master Planned Township Zone
• Additional safety/design rules: living room window facing street/open space, carpark dimensions, garage/carport setbacks for two spaces, driveway width limits on small frontages, crossover location rules

These changes aim for better long-term outcomes — safety (especially flood protection), privacy, and design quality.

Approval Process

1. Check zoning & compliance — Use the SA Planning Portal or call your local council’s duty planner to confirm your property meets “deemed-to-satisfy” rules for your zone.
2. Prepare plans — Site plan, floor plans, elevations (a draftsman or architect helps).
3. Lodge Development Application — Via the SA Planning Portal. Include all required documents (checklist on the portal).
4. Get consents —
   • Planning Consent — Certifier assesses impact (location, appearance, open space, setbacks)
   • Building Rules Consent — Certifier checks structural safety, fire safety, health, access, energy efficiency

Development Approval — Issued when both consents are granted. This is your legal permission to build.

Construction & Certification — Build to approved plans. A certifier inspects and issues a Certificate of Occupancy/Compliance so the dwelling can be legally occupied.

Costs to Build a Granny Flat in SA

Standard designs (1 bedroom, 1 bathroom, open-plan living/kitchen, ~60 m²) typically cost $70,000–$100,000 (kit home base price). 

Custom additions (laundry, better finishes) push costs higher — often $120,000+ when including extras.

Additional costs include:

• Council/DA fees — Lodgement ~$180, processing ~$81.50, DTS assessment ~$214, building assessment ~$216.50+, Certificate of Occupancy ~$51, inspections ~$245 (vary by council)
• Planning consultant — $1,000–$1,500 if needed
• Building surveyor/certifiers — $800–$1,000 each (two required)
• Draftsman/architect — ~$2,800 for plans
• Utility connections — Electricity, water, sewer, phone — quotes vary; extra fees for long runs
• Delivery — Usually included metro Adelaide; ~50c/km outside
• Owner-builder savings — Can save $10,000+ on labour/frame costs (no permit needed, but record all tradesperson licence numbers for final approval)

Tips to Keep Costs Down

• Stick to standard design (no kitchen if shared access is possible)
• Avoid sloping blocks (extra earthworks cost)
• Use Colorbond (cheaper than brick veneer)
• Do owner-builder labour where possible

Final Thoughts

Building a granny flat is now easier — especially with the 2023 rental changes and streamlined rules. But zoning, setbacks, services, and council fees vary, so check your property early.

At Visual Legal, we help homeowners review contracts, understand development approvals, and ensure compliance with the Planning, Development and Infrastructure Act 2016 (SA) and local rules. 

If you’re thinking about an ancillary dwelling — for family, rental income, or investment — book a free consultation. We’ll meet in our central Adelaide office or via secure teleconference, review your plans, explain the rules in plain terms, and help you avoid costly mistakes. 

No pressure, just practical support.

Ready to add a granny flat to your property? Let’s make sure it’s done right — get in touch today.