Hi All,

After doing some research I have found this which I thought I would post to help others with the same question as I did.  Basically it says that you can't build a second dwelling on the same title as a granny flat unless the person that will be living in this dwelling is dependant on the person living in the existing dwelling.

Dependant Person’s Unit 

Definition

A dependant person’s unit is defined as a “moveable building on the same lot as an existing dwelling and used to provide accommodation for a person dependent on a resident of the existing dwelling.” They are also known as “granny flats”.

Do I need a planning permit for a dependant person’s unit? The criteria to be met include:

• Is the building moveable from one place to another?
• Will the building be occupied by a dependant person? A dependant person is a person that is incapacitated by medical, economic or social disadvantage and is dependent on the person in the main dwelling for their accommodation.
• There is no more than one dependent person’s unit on the lot and Council is satisfied that the building is considered a dependent person’s unit.

If the above conditions are satisfied a Planning Permit may not be required however it is best to contact the City of Casey Planning Department on 9705 5200.

Other Considerations

You must check for other controls before deciding to build a dependant person’s unit including:

• Zoning of the Land
• Restrictions and covenants which appear on the copy of title
• Relevant overlay controls or building envelopes applicable to the property

General guidelines

1.  Check your copy of title for relevant covenants or restrictions
2. Seek advice from Council regarding the applicable planning controls (zones and overlays) which may impact on the development.
3.  Apply for a building permit for the construction of the dependent person’s unit

The question that I now have is, doesn't anyone know anyways around this restriction that will enable you to legally rent out a granny flat or kit-home?

Ernest