Can you actually rent your Secondary Dwelling?
On the 23rd September, the Queensland Deputy Premier Steven Miles announced that homeowners are encouraged to rent secondary dwellings for the next three years in a response to the housing affordability crisis. The Planning Regulation 2017 was then amended to provide for the technical aspects of renting a 'Secondary Dwelling' - you can read more about those amendments here as discussed by Sarah Macoun , Gemma Chadwick & Georgia Mackenzie .
From the 23rd September 2022, the Queensland Government now gives you the ability to rent your grannyflat (secondary dwelling). That said, this doesn't necessarily mean the local planning scheme will allow you to do so. For example, in Brisbane City Council , the area where you'd assume the housing is most needed, will still only allow one household group in a Primary and Secondary Dwelling which is hard written into their Acceptable Outcomes, Performance Outcome and Overall Outcomes. Even if they wanted to let you rent a grannyflat, they can't!
To give context to the Deputy Premier's announcement, I have investigated most of the Council regions in SEQ and whether you can rent your Secondary Dwelling. ? = yes you can, ? = you can't.
Even Council's with a green tick will have some provisions that you need to comply with and potentially some issues with the existing scheme requirements and definitions that aren't included within the Planning Regulation 2017 that now have a conflict - For example, proximity to the primary dwelling, a maximum Gross Floor Area, etc.
I have created a table (download here) that goes through the details of the above ?/? to give you a bit more of an understanding, and also some notes and questions about the issues that need answering before we can truly rent Secondary Dwellings without second guessing ourselves.
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The main question posed in the above, with input from Brian Matthews was, 'How quicky will Brisbane move to update the planning scheme'. This a question that we all need to be answered asap if we're going to have any impact on the housing crisis. I'm also interested to see what unfolds within Logan City Council regarding the conflict between the Secondary Dwelling and Dual Occupancy (Auxiliary Unit) provisions (especially around the infrastructure charge requirements!).
Has the state government done enough? Or are they just getting started?
I'm also interested to see how they 'stop' this happening in 3 years time...
Let me know your thoughts in the comments!
design and innovation, registered architect, Best of Houzz Service Award 2021, 2022, 2023 and 2024, 2022 Local Legend Award
2 年Thanks Alex for doing the heavy lifting and the work to put together the spreadsheet - to help understand this opportunity. Many people have been asking me as well. Keep doing great work.
Director - Land Use and Transport Planning at PSA Consulting
2 年Thanks for sharing Alexander Steffan. I agree, the changes are just the first step, we now need to see them reflected through local planning instruments. There are also a whole raft of other changes needed to make the sort of impact needed to actually address the housing challenges we are currently seeing. I'm supportive of small steps in the right direction - hoping that cumulatively we will see some bigger change.
City and Social Planner
2 年Your table is useful but, it is slightly deceptive Alex. As you know, in Brisbane, 'household' (in the planning scheme definition) doesn't mean related adults, but rather that the residents of the house + granny flat share the property for the long term and share some lifestyle activities. I have rented my granny flat for over a decade in Brisbane - sometimes to family and sometimes not. I concede that it is a grey area but, it doesn't prohibit renting it out.
Owner and Founder, Donovan Winkler Lawyers
2 年Great info Alex. Even if renting out secondary dwelling is permissible under planning laws, there are tax considerations at play (CGT exemption on PPR, stamp duty concessions if property recently purchased, land tax?) which might discourage home owners in renting out secondary dwelling
Strategic Urbanist, with a strong research background. Open to new opportunities.
2 年Rent to a friend of friend that is family cash in hand and don't tell the ATO...