Establishing a Secondary Dwelling

When it comes to Secondary dwellings, it is important to know and understand the legislation that is applicable. This page aims to provide guidance in relation to the Secondary Dwelling definition and assist you in understanding the intended function of this development type. This page also aims to assist people that are proposing to establish a new Secondary Dwelling or looking to purchase or live in a property with a Secondary Dwelling.

What is a Dwelling House, a Secondary Dwelling and a Dual Occupancy?

The Planning Regulation 2017 defines the following:

Dwelling house means a residential use of premises involving:

  • one dwelling for a single household and any domestic outbuildings associated with the dwelling; or
  • two dwellings, one of which is a secondary dwelling and any domestic outbuildings associated with either dwelling.

Single household, one house

Secondary dwelling means a dwelling, on a lot that is used in conjunction with, but subordinate to, another dwelling on the lot, whether or not the dwelling is:

  • attached to the other dwelling; or
  • occupied by individuals who are related to, or associated with, the household of the other dwelling.

Single household, two dwellings

Dual occupancy :

  • means a residential use of premises involving:
    • two dwellings (whether attached or detached) on a single lot or two dwellings (whether attached or detached) on separate lots that share a common property; and
    • any domestic outbuilding associated with the dwellings; but
  • does not include a residential use of premises that involves a secondary dwelling.

Two households, one either side

The relationship between different housing types and their household makeup can be confusing and consequently you should seek your own independent town planning advice in relation to these matters. The following however, seeks to provide some guidance in relation to the different housing types and their definition.

How Can a Secondary Dwelling be Occupied or Used?

Secondary dwellings are intended for permanent occupation in a Dwelling which is subordinate to the primary Dwelling. Secondary dwellings cannot be separately subdivided or titled, and do not function as a Dual occupancy.

Key information to be considered:

  • A Secondary dwelling cannot be used for short term accommodation or as a Home-based business (home hosted visitor accommodation).
  • No more than one Secondary dwelling can be developed as part of a dwelling house on any site regardless of site area.
  • A Secondary dwelling can only be established once the primary dwelling has been built.
  • To be considered a Secondary dwelling, the second dwelling must be “used in conjunction with” the primary dwelling. This means there must be a nexus between the two dwellings such as shared facilities.

Will I Need a Development Application?

No, if the Secondary dwelling meets all of the nominated acceptable outcomes (see below) of the applicable codes in the Townsville City Plan. If it cannot meet the nominated acceptable outcomes, then yes, referral to Council for assessment will be required.

If the property is affected by one or more overlays, planning assessment against the relevant overlay code in the Townsville City Plan may be required.

As with any building work, a Secondary dwelling requires building approval. Building approvals can be obtained by contacting a private certifier.

What are the Nominated Acceptable Outcomes (Requirements)?

Secondary Dwelling

  • How Many: One (1) Secondary dwelling per property.
  • Size: Maximum GFA of 90m² exclusive of a single carport or garage.
  • Design: Residential zones located within 20m from the primary house, and complies with standard ‘Dwelling house’ requirements such as site cover, boundary setbacks, and height.
  • Zone: A Secondary dwelling can be established in a Residential zone.