Frequently Asked Questions

Start by understanding the planning controls that apply to your land:

1. Zoning – Determines what types of development are permitted (houses, duplexes, commercial, etc.)
2. FSR (Floor Space Ratio) – Controls how much floor area you can build
3. Height limit – Maximum building height allowed
4. Setbacks – Minimum distances from boundaries
5. Title restrictions – Easements or covenants that may limit development

Your local planning scheme (LEP in NSW, planning scheme in VIC, planning scheme in QLD) contains these controls. A planning certificate from council confirms what applies to your specific property.

The key documents are:

• Certificate of Title – Shows ownership and any encumbrances (mortgages, caveats)
• Survey Plan – Survey showing lot boundaries, dimensions, and easements (called a Deposited Plan in NSW, Plan of Subdivision in VIC, or Survey Plan in QLD)
• Covenant documents – Details of any easements or restrictions (88B Instrument in NSW, or covenant documents in VIC/QLD)
• Planning certificate – Official statement of planning controls from council (Section 10.7 in NSW, Planning Property Report in VIC, Planning & Development Certificate in QLD)

Together, these tell you what you own, what's on the title, and what planning rules apply.

It depends on what you're planning:

• Simple projects – You can often understand the basics yourself by reviewing planning controls
• Complex projects – An architect, town planner, or building designer can help navigate constraints and maximise potential
• Before buying – Due diligence is crucial; consider getting professional advice for significant purchases

Property Jeanie helps you understand the fundamentals before engaging professionals, so you can have informed conversations and ask the right questions.

In most low density residential zones across Australia, attached dual occupancies (duplexes sharing a common wall) are permitted with development consent or a planning permit.

Key requirements typically include:

• Minimum lot size (often 400-600sqm, varies by council)
• Minimum frontage (often 12-15m)
• Meeting FSR, height, and setback controls
• No restrictive covenants preventing multiple dwellings

Detached dual occupancies (two separate buildings) have different rules and aren't permitted in all areas. Requirements vary significantly between states and councils.

Subdivision depends on several factors:

• Minimum lot size – Each resulting lot must meet the minimum (e.g., if minimum is 450sqm, you need at least 900sqm to create two lots)
• Frontage requirements – Both lots typically need street access
• Existing structures – May need to demolish or reconfigure
• Services – Each lot needs water, sewer, electricity connections

Battleaxe subdivisions (rear lot with driveway access) are common where frontage is limited.

Secondary dwellings (granny flats) are permitted in most residential zones across NSW, VIC, and QLD, though the rules differ by state.

Key rules typically include:

• Maximum floor area (60sqm in NSW, varies in VIC and QLD)
• Minimum lot size requirements (e.g. 450sqm in NSW)
• Only one secondary dwelling per lot
• Must meet setback and other development standards

Many granny flats can be approved via fast-track pathways, making approval quicker and simpler than a full DA or planning permit.

Each state has a fast-track pathway for straightforward developments, and a standard pathway for more complex ones:

In NSW the fast-track path is called a CDC (Complying Development Certificate). In VIC it's called a Report & Consent or exempt development. In QLD, certain developments are self-assessable or code-assessable. The standard path is a DA in NSW, planning permit in VIC, or development application in QLD.

Common exclusions from fast-track approval pathways include:

• Heritage listed property or in a Heritage Conservation Area
• Flood prone land (above certain thresholds)
• Bushfire prone land (varies by category)
• Contaminated land
• Certain environmentally sensitive areas
• Land with significant slope
• Lots that don't meet minimum size/frontage requirements

If excluded from the fast-track pathway, you'll need to lodge a DA or planning permit instead.

Floor Space Ratio (FSR) is a ratio of total floor area to site area.

Example: 600sqm lot with 0.5:1 FSR

• Maximum floor area = 600 × 0.5 = 300sqm
• Could be: single storey 300sqm, or two storeys of 150sqm each

FSR counts Gross Floor Area (GFA) – generally all enclosed spaces measured from external walls. Garages, balconies, and some other areas may be excluded depending on definitions.

Covenants and restrictions are legal conditions registered on your property's title. In NSW, they're typically created via an 88B Instrument; in VIC and QLD, they appear directly on the title or in registered covenant documents.

Why they matter for development:

• Easements – You generally can't build over drainage or service easements
• Rights of way – May need to preserve access for neighbours
• Building restrictions – Some covenants limit dwelling numbers, building materials, or uses
• Party walls – May allow (or require) building on boundary

Old covenants that are obsolete or unreasonable can sometimes be removed through court application (e.g. Section 88K in NSW, or VCAT in VIC).

A planning certificate is the official statement of planning controls affecting your property, issued by council. It's called different things in each state:

• NSW – Section 10.7 Certificate (with 10.7(2) standard and 10.7(5) extended versions)
• VIC – Planning Property Report
• QLD – Planning & Development Certificate

These certificates cover zoning, heritage, overlays, and other constraints. They're essential for due diligence when buying property or planning development — the official word on what council knows about your land.

Flood affectation varies in severity:

• Flood planning area – Most restrictive; floor levels and development types may be limited
• Between FPA and PMF – Some restrictions, typically around floor levels and evacuation
• Above PMF – Generally no flood-related restrictions

Even in flood-affected areas, development is often possible with appropriate design. Council's flood policy and the 10.7 certificate will specify requirements.

Heritage listing doesn't prevent development, but it does require careful consideration:

• Significant fabric must generally be retained
• New work should be sympathetic to heritage character
• A heritage consultant may be required for your DA
• Complying development may not be available

Being in a Heritage Conservation Area (even if your building isn't individually listed) also triggers additional controls around design and materials.