Can You Build an Attached Garage to a Granny Flat Under CDC?
Image showing a secondary dwelling with an attached garage

Can You Build an Attached Garage to a Granny Flat Under CDC?

When it comes to constructing an attached garage to Secondary Dwelling (commonly known as Granny Flat ) under a Complying Development Certificate (CDC), the answer is a resounding YES. However, navigating the nuances of associated structures and compliance is crucial. Let's break down the key considerations.


Understanding Ancillary Structures

Garages fall under the category of 'Ancillary Structures,' as defined in Clause (1)(g) of Schedule 1 in the State Environmental Planning Policy (Housing) 2021. This classification is further detailed in Clause 4, where 'Attached Ancillary Structure' explicitly includes a garage attached to a secondary dwelling.


Clause 1 of the Housing SEPP
Clause 4 of the Housing SEPP


Separating Walls and Compliance (NCC Section 9.3.1)

The construction of separating walls between a Class 1 building (Secondary Dwelling) and a Class 10a building (Attached garage) is subject to specific requirements outlined in NCC Section 9.3.1. These include:

  • A Fire Resistance Level (FRL) of at least 60/60/60.
  • Minimum thickness of 90 mm for masonry walls.
  • Starting at the footings or ground slab, with exceptions for horizontal projections.
  • Extensions to roof battens based on roof covering materials.
  • Compliance with specific tests for lightweight construction.

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Section 9.3.1 of the NCC 2022 Vol 2 - NSW Housing Provisions


Addressing the Interesting Question?

Now, onto the intriguing scenario: If there's already an existing garage for the main principal dwelling, can you still build a second garage attached to the secondary dwelling under CDC? The answer holds significance in determining whether the new garage is associated with the principal or secondary dwelling.

  • If yes, is the new garage still associated with the principal dwelling, triggering fire rating and separation requirements under the NCC?
  • Or can this new attached garage be considered associated with the secondary dwelling, potentially avoiding the above compliance measures?

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Conclusion

In navigating the realm of attached garages to Granny Flats under CDC, awareness of the nuances within the NCC & Legislations is crucial. While the answer is affirmative, the devil lies in the details of compliance and associations. As you embark on your construction journey, ensure a thorough understanding of these regulations to ensure a seamless and compliant development.

What are your thoughts on this topic? Feel free to share your insights or questions in the comments below.

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Disclaimer

This article is not to be taken out of its context. It is general in nature and does not relate to any particular site. You are strongly advised to seek independent town planning or legal advice for your site and not to rely on the opinion of this article or any comments within.

The image of the secondary dwelling with an attached garage, is not related to this article. But it was included to assist in visualising and understanding my inquiry.



Regards

Firas Naji

01 January 2024

Ali Hammoud

REAP Accredited Town Planner | Registered Planner PLUS (EIA) | Expert Town Planning Court Appeal Witness | Development Consultant | Town Planning and Development Assessment/Certification Lecturer

1 年

Recently achieved this for a client as a CDC. However the difference was that the existing principal dwelling house on the lot had no garage so it was a combined CDC under Housing SEPP & Codes SEPP. One of the ways around it. Complex to say the least in terms of the conflicting controls and how they interact/contradict but achievable.

Zubyda Siddika

Development Assessment Planner

1 年

Last time when I was assessing DA for a secondary dwelling with attached garage, I was unable to approve under DA as the main dwelling had no garage and it was looking garage was for secondary dwelling. However, we can approve attached garage with secondary dwelling under CDC and lots of owner is going for CDC now. I believe it’s very informative for the certifiers.

FADI HABBOUCHE

Principal Certifier at Certify Right! Pursuing my passion and making a difference.??

1 年

As always insightful- thank you Firas Naji ??

Zahi Alameh JP

Director & Accredited Certifier at ALAMEH CERTIFIERS PTY LTD

1 年

Nice article Firas. ???

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