Building a Granny Flat in the Tweed Shire: Do you need a DA?

Do you need a DA for a Granny Flat in the Tweed Shire?

If you’re considering building a secondary dwelling, commonly known as a granny flat, in the beautiful Tweed Shire region, you may be wondering:

Do I really have to go through the full council approval process?

The short answer is: not always.

Thanks to streamlined state planning policies, it is often possible to build a secondary dwelling using only a private certifier, completely bypassing a Development Application (DA) with Tweed Shire Council. However, this pathway is only available under certain conditions.

In this post, we unpack when and how you can go this route, and what you need to know before breaking ground.

What is a Private Certifier?

A private certifier is a qualified professional who can assess and approve building works, much like your local council. Instead of submitting your plans to Council for DA approval, you can work directly with a certifier who ensures your proposal complies with the NSW Complying Development Codes.

If all the criteria are met, the certifier can issue a Complying Development Certificate (CDC), allowing you to start construction without council involvement.

The Complying Development Pathway

To build a secondary dwelling under a CDC in Tweed Shire, your proposal must comply with the NSW State Environmental Planning Policy (SEPP) – Affordable Rental Housing (now part of the Housing SEPP), and the local provisions under Tweed Development Control Plan (DCP) Section A10.

If all the criteria are met, the certifier can issue a Complying Development Certificate (CDC), allowing you to start construction without council involvement.

Here's what you'll Need

Zoning Compliance
Your land must be zoned to allow secondary dwellings. This usually includes residential zones such as R1, R2, R3, and RU5 under the Tweed Local Environmental Plan (LEP). You can confirm your property zoning using the NSW Planning Portal or by contacting Council.
Size and Floor Area
The secondary dwelling must not exceed: - 60 square metres in total floor area, or - 20% of the total floor area of the principal dwelling (whichever is greater)
Setbacks and Height Limits
You must meet specific distance requirements from property boundaries, as well as height restrictions and site coverage rules. For example: - Front setback: typically 3-4m depending on the zone - Side and rear setbacks: 0.9m or more - Max height: generally 8.5m for most zones
Site Suitability
If your land is affected by constraints such as: Bushfire-prone land, Flood zones, Heritage conservation … then a CDC may not be allowed, or additional reports and assessments may be needed. In some cases, you may still need to go through the full DA process.

At ADC, we’ll do an initial site inspection to find the best solution for you, just get in touch to book it in!

When a Development Application Is Required

If your proposal does not comply with any of the CDC requirements, then you’ll need to lodge a full Development Application with Tweed Shire Council. Here are some common reasons why:

Your block is on bushfire-prone or flood-prone land
The proposed secondary dwelling exceeds allowable floor area or height
You want to vary the setback or design controls
The land is in a heritage area

While this route takes longer and involves more documentation, it can allow for more design flexibility.

Benefits of Using a Private Certifier

If your project qualifies for a CDC, you can enjoy:

– Faster approvals: Typically within 20 days or less

– Less red tape: No need for lengthy council assessments

– Cost savings: Reduced application and consultant fees

Just ensure your chosen certifier is accredited by the NSW Building Professionals Board.

Final Thoughts

Yes—in many cases, building a secondary dwelling in Tweed Shire without going through Council is entirely possible. By working with a private certifier and staying within the CDC guidelines, you can simplify the process and get started sooner.

However, it’s vital to do your homework. Every site is different, and one small detail (like a bushfire zoning or a sloping block) could shift you back into DA territory.

Need Help?

At Artisan Designer Constructions, we work with clients across Tweed and the Northern Rivers to plan, design, and build secondary dwellings that comply with all local and state regulations. If you’re unsure about your site’s potential, get in touch—we can help you assess your options and manage the entire process for you.