Renting Out a Granny Flat Checklist

Granny Flat/Secondary Dwelling Rental Compliance Checklist

Purpose: To help determine whether a granny flat, minor dwelling, secondary dwelling, converted garage, sleepout, basement flat or other self-contained accommodation can be lawfully rented as residential premises.

Important: Where concerns arise, you should refer the landlord to the local council or an appropriately qualified professional.

1. Is the dwelling self-contained and formed a separate residential tenancy?

• A separate tenancy agreement will be used.
• The dwelling is self-contained with its own kitchen, bathroom and living facilities.
• The tenant will have exclusive possession of the premises.
• Shared and exclusive-use areas have been clearly identified.

2. Physical configuration of the dwelling

• The dwelling is detached from the main dwelling.

OR

• The dwelling is attached to the main dwelling.

If attached:

• Landlord has provided evidence that any required fire separation requirements have been addressed.
• Landlord has provided evidence of any required fire-rated walls, ceilings, floors, doors or other fire protection measures.
• No concerns identified regarding means of escape in the event of fire.

3. Is there evidence the dwelling was lawfully established?

• Building Consent and Code Compliance Certificate (CCC) sighted.

OR

• Certificate of Acceptance sighted.

OR

• Required documentation from Licensed Building Professionals (LBPs), i.e Records of Work (RoW)
• No known unconsented building work identified.
• Approved plans or council documentation sighted where available.
• Landlord has confirmed the dwelling may lawfully be occupied as residential accommodation.

4. Was the dwelling built or approved as residential accommodation?

• The dwelling was purpose-built as a granny flat, minor dwelling or self-contained residential unit.
• The dwelling is not a converted garage, sleepout, basement, shed, workshop, storage building or similar structure.

If converted or adapted from another use:

• Further investigation completed regarding lawful use.
• Evidence obtained that residential occupation is permitted.

5. Are there any indicators a Change of Use may apply?

• No known change from a non-residential use.
• No concerns identified regarding the original consented use of the building.
• Council records or owner documentation do not indicate any unresolved compliance issues.

If concerns are identified:

• Landlord referred to council.
• Landlord referred to an appropriately qualified building professional.
• Additional documentation requested before proceeding.

6. Can the dwelling meet Residential Tenancies Act requirements?

• Healthy Homes Standards can be met.
• Smoke alarms are installed and operational.
• The premises appear suitable for residential occupation.
• The premises appear capable of meeting landlord obligations under the Residential Tenancies Act.
• Quiet enjoyment obligations can reasonably be met.

7. Utilities, services and occupancy arrangements

• Utility charging arrangements comply with the Residential Tenancies Act.
• Electricity supply arrangements have been identified.
• Water charging arrangements have been identified.
• Access arrangements are clear.
• Parking arrangements are clear.
• Mail delivery arrangements have been identified.
• Refuse collection arrangements have been identified.
• Laundry facilities have been identified.

Note: Separate meters, bins, letterboxes, laundry facilities or utility connections are not required to establish a lawful dwelling but may assist in determining whether the tenancy arrangement is practical and clearly defined.

8. Addressing and council recognition

• The dwelling has its own recognised address or unit number.

OR

• The dwelling operates under the primary property address.
• No concerns identified regarding council recognition of the dwelling.

Note: A separate address is not required for a lawful tenancy but may indicate that the dwelling has been formally recognised.

9. Insurance

• Landlord has confirmed insurance covers the dwelling.
• Landlord has confirmed the insurer is aware the dwelling is being rented.
• Landlord has confirmed the insurer is aware there are multiple occupied dwellings on the property (where applicable).

10. Red Flags - Escalate before proceeding if any of the following apply:

• Landlord cannot provide evidence of lawful establishment.
• Building consent history is unclear.
• No CCC, COA or exemption documentation is available.
• Dwelling was converted from a garage, basement, sleepout, shed or similar structure.
• Fire separation requirements are unclear.
• Council records appear inconsistent with the current use.
• Landlord is unsure whether council approvals (i.e. change of use) were obtained.
• Property manager has concerns regarding lawful occupation.

Outcome

• Sufficient information obtained to proceed with renting the dwelling.
• Additional information required before proceeding.
• Recommend landlord seek council or professional advice before proceeding.
• Potential unlawful residential premises concern identified.