Dual Occupancy and Secondary Dwellings

The core distinction

Two different planning arrangements

A secondary dwelling is a dwelling used in conjunction with and subordinate to a primary dwelling on the same lot. It may be attached or detached, and is commonly called a granny flat. It remains on the same lot and cannot be separately titled from the primary dwelling.

A dual occupancy is a residential use involving two dwellings, often called a duplex. The dwellings may be attached or detached. It is a separate planning use from a dwelling house containing a secondary dwelling, and may be capable of subdivision and separate ownership, subject to the relevant planning and subdivision approvals.

Secondary dwellings

How a secondary dwelling works in Noosa

Under current Noosa Council guidance, only one secondary dwelling is permitted per lot. It may contain one or two bedrooms and has a maximum gross floor area of 65 square metres. It cannot be separately titled from the primary dwelling, and cannot be developed on a property covered by a Building Unit Plan.

A secondary dwelling requires one additional on-site parking space beyond the spaces required for the primary dwelling, and must comply with applicable height, setback, site cover and other built form provisions. Depending on the property's location, it may also need connections to relevant services. These are current Noosa requirements and should be confirmed against the planning scheme and the specific property before relying on them.

Approval pathway

In many cases, a compliant secondary dwelling can be assessed by a private building certifier as part of the standard building approval process, without referral to Council. Council assessment or referral may still be required where the applicable requirements are not met, the property is affected by relevant constraints or overlays, or another planning trigger applies. Building approval alone is not always sufficient, and a secondary dwelling is not automatically accepted development in every Noosa zone.

Infrastructure charges

Noosa Council states it stopped issuing infrastructure charge notices for secondary dwellings from 1 July 2025. Other application, building, plumbing, service and construction costs may still apply, and dual occupancy and other development types may have different infrastructure implications. Current charges should be confirmed for the proposed development.

Dual occupancy

How dual occupancy works in Noosa

Under current Noosa Council guidance, a dual occupancy is a consistent use in the Medium Density Residential Zone only on lots smaller than 600 square metres. It is an inconsistent use on lots of 600 square metres or more in the Medium Density Residential Zone, and an inconsistent use in the High Density Residential Zone.

A consistent use does not mean approval is automatic. The applicable assessment pathway, codes, site constraints and subdivision requirements must still be checked for the specific property. An inconsistent use faces a different, generally more demanding assessment pathway under the current planning scheme, and should be discussed with a town planner before relying on it.

Subdivision and title

A secondary dwelling cannot be separately titled from the primary dwelling. A dual occupancy may be capable of subdivision and separate ownership, though separate titles require the relevant reconfiguration of a lot, subdivision and title approvals. The existence of two dwellings on a property does not by itself prove that subdivision is possible.

Existing dwellings

Existing dwellings and approvals

When a property is marketed as having a granny flat, studio, duplex or second dwelling, buyers should confirm how the structure is classified under the planning scheme, whether planning approval was required and obtained, whether building and plumbing approvals exist, whether the approved use matches how the space is currently occupied, and whether title or body corporate arrangements create additional restrictions.

An apparently unapproved structure does not automatically need to be removed or retrofitted. The approval status and the options available depend on the specific property and require advice specific to the property.

Body corporate and title arrangements

A secondary dwelling cannot be developed on a property covered by a Building Unit Plan. For other title or community title arrangements, obtain planning and legal advice before assuming another dwelling or a conversion is possible.

How it may be used

Permanent occupation and renting

A change that took effect on 26 September 2022 removed restrictions on who may occupy a secondary dwelling in Queensland. An approved secondary dwelling can be rented to people unrelated to the occupants of the primary dwelling, subject to residential tenancy and other applicable requirements. The change did not approve new structures or remove planning and building requirements.

Current Noosa Council guidance requires secondary dwellings to be permanently occupied, and states that they cannot be used for short-term accommodation.

Before you buy

What buyers should check

A property's second-dwelling potential depends on the specific title, zone and site, not on what similar-looking properties nearby have achieved. The following should be checked before relying on it.

Planning scheme boundaries

Noosa and Sunshine Coast boundaries

Properties within Noosa Shire are assessed under the Noosa Plan 2020. Nearby properties within the Sunshine Coast Council area are assessed under the Sunshine Coast Planning Scheme. Terminology and requirements can differ between the two schemes. Confirm the property's local government area and applicable planning scheme rather than relying on the suburb name alone.