Eligibility
Do I need to subdivide my land to use Buy My Backyard? +
No — and this is the entire point of the programme. Buy My Backyard is designed specifically for homeowners who cannot subdivide, or who don't want to go through the cost and complexity of subdivision. We build a secondary dwelling on your existing land and issue a 99-year lease over that portion. Your land title is unchanged. Subdivision is not required at any step.
Who can apply for a free property assessment? +
Any Australian homeowner with freehold title (or a long-term ownership interest) in a property with an unused backyard portion can submit a free assessment. We operate across all Australian states and territories. Both metro and regional properties may qualify, though our primary focus is on metro and established suburban areas where rental demand is strongest.
Is my backyard big enough? +
Many properties that homeowners assume are too small actually qualify. The minimum viable backyard size depends on your specific council zone, required setbacks from your existing dwelling and the rear and side boundaries, and the configuration of your backyard. The free assessment determines this for your specific property. As a rough guide, many standard-size secondary dwellings require approximately 45–60sqm of buildable footprint area, but this varies significantly by design and council.
My council has rejected development applications before. Can I still apply? +
Yes. A previous rejection for a different type of development does not necessarily mean a secondary dwelling application would be rejected. Many councils have changed their secondary dwelling policies in recent years, and complying development (CDC) pathways may be available that bypass the traditional DA process entirely. We assess based on current planning controls, not previous application history.
Can body corporate or strata properties apply? +
The Buy My Backyard programme is currently focused on freehold residential properties with exclusive backyard areas. Strata and community title properties have different restrictions on structural works and lot boundaries that make the programme generally unsuitable. Please submit an assessment if you're uncertain — we'll advise based on your specific situation.
I already have a granny flat on my property. Can I still use the programme? +
If you already have a secondary dwelling on your property, we may be able to help you structure a 99-year land lease over that portion to formalise the arrangement and create ongoing documented income — without the need to build. Please note this in your free assessment submission and we'll advise on whether your existing dwelling qualifies for the lease structure.
The Process
What happens after I submit the free assessment? +
We review your property — typically within 48 hours of receiving your submission. We look at your address, lot dimensions, council zone, and any publicly available planning information. We'll contact you directly to advise on whether your property qualifies and, if so, what the next steps look like. This is a no-obligation call — you can ask any questions and decide at your own pace whether to proceed.
How long does the whole process take from assessment to income? +
On the complying development (CDC) pathway — which applies to many metro properties — the total timeline from submitted assessment to income is typically 22–30 weeks. This includes assessment and design (4 weeks), CDC approval (2–6 weeks), construction (10–16 weeks), and lease execution and tenancy commencement (2–4 weeks). Properties requiring a Development Application (DA) typically take 8–16 weeks longer due to the council assessment period.
Do I need to do anything during the build? +
Very little. During the construction phase, your main role is to provide site access and receive progress updates. We coordinate all trades, inspections, and council requirements. You'll be consulted on any significant decisions that affect your property, but day-to-day site management is handled entirely by us.
Can I stop the process at any point? +
Yes, up to the point of executing the Subscription Agreement or Build Contract, you can withdraw without financial penalty. The specific terms for withdrawal after contract execution depend on the stage of the project. We'll clearly explain the commitment and withdrawal terms before you sign anything.
The 99-Year Land Lease
What exactly is a 99-year land lease? +
A 99-year land lease (also called a long-term or perpetual land lease) is a formal legal agreement where a tenant leases a defined portion of land from the landowner for a period of up to 99 years. The tenant pays regular rent throughout the lease term. The landowner retains full ownership of the land — the title does not transfer. In the context of the Buy My Backyard programme, the lease covers the land portion on which the secondary dwelling is built, creating ongoing rental income from that portion of your property.
Is 99 years actually the term? +
The term is negotiated between the parties — 99 years is the maximum and is a common term for this type of arrangement. Shorter terms can be negotiated if preferred. A longer term provides greater income security for the landowner and typically makes the arrangement more attractive to the tenant. The exact term is agreed and documented in the lease.
How is the rent determined? +
The rent under a 99-year lease is agreed between the parties and documented in the lease agreement. It typically reflects the fair market rental value for the secondary dwelling in your suburb, with a provision for periodic review. We will provide you with comparable rental evidence for your area and advise on appropriate rent setting before the lease is executed.
What happens to the lease if I sell my house? +
The 99-year lease transfers with the land to the new owner when you sell your property. The new owner steps into your role as the landowner under the lease and receives the ongoing income. This means the income stream continues regardless of whether the property changes hands. Your solicitor will advise on the appropriate disclosure of the lease to prospective buyers, which is a standard part of the conveyancing process.
Can the lease be ended early? +
Like any long-term lease, early termination is possible but subject to the specific terms of the lease and generally requires agreement of both parties or a specific trigger event (such as a fundamental breach by one party). The lease is a legal contract — the terms governing termination are clearly documented and explained at the time of execution. Your independent solicitor will review these terms with you.
Legal & Title
Does a 99-year lease affect my property title? +
A 99-year land lease creates a registered interest over a portion of your land — it does not change your ownership. You remain the registered owner of your full property, including the land and the dwelling built on it. The lease interest is recorded on the title as an encumbrance (similar to how an easement is recorded), but your ownership is unchanged. This is a fundamentally different outcome from a subdivision, where ownership of part of the land transfers to another party.
Do I need a lawyer? +
We strongly encourage all homeowners to have the lease and any other agreements reviewed by an independent solicitor before signing. This is not a formality — a 99-year lease is a significant legal document and you deserve independent advice. We will provide you with a draft well in advance of the signing date and pause the process to allow adequate time for legal review. We will never pressure you to sign without independent advice.
Is a 99-year land lease legal in Australia? +
Yes. Long-term land leases are a recognised and documented legal instrument in all Australian states and territories. They are used for a wide range of purposes including residential communities, retirement villages, and commercial arrangements. The specific legislative framework varies by state — your solicitor will advise on the applicable legislation for your property's location.
Will this affect my ability to borrow against my property? +
The impact on your borrowing capacity depends on your specific lender and your financial circumstances. A long-term lease registered on title is a form of encumbrance that some lenders may need to consider. We recommend disclosing the arrangement to your existing lender if you have a mortgage, and consulting your mortgage broker or financial adviser before proceeding. In many cases, the additional income from the lease can offset any lender concern.
Financial
How much income can I expect from a 99-year lease? +
Rental income depends on your property location, the size of the secondary dwelling, and prevailing market rents in your suburb. As a reference point, granny flats in Sydney metropolitan suburbs typically rent for $400–$700/week, and Melbourne and Brisbane for $350–$600/week. We'll provide you with comparable rental evidence for your specific suburb during the assessment process. The free assessment is the most reliable way to get an indication relevant to your property.
Is the rental income taxable? +
Yes — rental income from a secondary dwelling on your property is generally assessable income for tax purposes in Australia. You may be entitled to claim deductions for related expenses, including depreciation on the secondary dwelling. We strongly recommend consulting a registered tax agent or accountant about the tax implications before proceeding. Buy My Backyard does not provide tax advice.
What are the costs involved for me as the homeowner? +
The free assessment costs nothing. The cost structure for proceeding with the programme — including the build and documentation — is explained in detail during the assessment conversation and is documented in any agreement before you sign. The specific structure varies depending on the programme option selected. There are no hidden fees, and we won't proceed without full transparency on costs.
Does a granny flat add value to my property? +
A legally approved secondary dwelling on a residential property generally adds to the property's value — particularly in high-demand rental markets. A property with an income-generating granny flat on a long-term lease represents an additional value proposition for future buyers. That said, property values depend on many factors and we don't provide property valuation advice. We recommend an independent valuer for a formal assessment of value impact.
Build & Construction
What type of secondary dwelling do you build? +
We build a range of secondary dwelling types depending on the specific property — including detached granny flats, attached studios, and garden cottages. The design is chosen based on your backyard configuration, council requirements, and the optimal outcome for rental income. All dwellings include a full kitchen, bathroom, separate living and sleeping areas, and laundry facilities. We build to lettable residential standard, not investment grade minimum.
Do you use licensed builders? +
Yes. All construction work is carried out by licensed builders and trades in accordance with state licensing requirements. Every build receives council inspections at all required stages and an Occupation Certificate on completion. We do not use unlicensed contractors.
Will the build disrupt my daily life? +
A backyard construction project involves noise, vehicle access, and some disruption for the duration of the build — typically 10–16 weeks. We work to minimise disruption, schedule works during permitted hours, and coordinate with you on any particularly inconvenient periods. The site access arrangements are discussed and agreed with you before construction begins.
What warranty is provided on the build? +
All residential construction in Australia carries a statutory warranty under the Home Building Act (NSW) or equivalent state legislation. This includes a structural warranty period and a defects warranty period. The specific terms depend on the state in which your property is located. We will provide you with full details of all warranty provisions before construction commences.