Questions & Answers

Frequently Asked Questions

Everything homeowners need to know about the Buy My Backyard programme — from eligibility through to the legal structure of a 99-year land lease.

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Eligibility The Process The 99-Year Lease Legal & Title Financial Build & Construction
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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 pay you a lump sum for a 99-year lease over an agreed portion of your existing land, then fund and build a secondary dwelling on that portion ourselves. You keep title to your whole property. 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, it may still be possible to lease that portion of your land to us under a 99-year lease in exchange for a lump sum — without the need to build. Please note this in your free assessment submission and, if the existing dwelling suits the programme, we may be able to make an offer.

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? +
We'll tell you whether your property qualifies within 48 hours of your assessment. If it does, we tell you what we'll pay for the lease. Once you accept, the lease is documented and signed — with time for independent legal review — and the lump sum is paid to you before any building starts. The build phase that follows is our responsibility: on the complying development (CDC) pathway, design takes around 4 weeks, CDC approval 2–6 weeks and construction 10–16 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. Our offer comes with no obligation, and up to the point of signing the lease you can withdraw without financial penalty. Once the lease is signed and you've been paid, it is a binding legal agreement and its terms govern any changes. We'll clearly explain the commitment 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 land lease) is a formal legal agreement where a lessee leases a defined portion of land from the landowner for a period of up to 99 years. The landowner retains full ownership of the land — the title does not transfer. In the Buy My Backyard programme, we pay you a one-off lump sum up front in exchange for a 99-year lease over an agreed portion of your backyard. We then build, own and manage the secondary dwelling on that portion for the lease term. There are no ongoing payments to you — the lump sum is the payment, and it's yours outright.
Is 99 years actually the term? +
Yes. The Buy My Backyard programme is built around a 99-year term — the long term is what allows us to pay you up front and carry the full cost of design, approvals and the build ourselves. The exact portion of land and the terms of the lease are agreed and documented before you sign.
How is the lease payment worked out? +
The lump sum is specific to your property. It reflects factors such as your location, lot size, council zone and the portion of land being leased. Our free assessment works through these and, if you qualify, we tell you what we'll pay for the lease. The amount is documented in the lease before you sign, and there is no obligation to accept.
What happens to the lease if I sell my house? +
You can still sell. The 99-year lease stays with the land, and the buyer takes the property subject to the lease. Your lump sum was paid to you when the lease was signed, so it's already yours — selling doesn't change that. 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.

Financial

How much will you pay me for the lease? +
It depends on your property. Every backyard is different, so we don't quote a standard figure. The free assessment checks your lot, zone and council rules and, if you qualify, we tell you what we'll pay for the lease — no obligation. If you proceed, the payment is made once, as a lump sum, when the lease is signed. It's yours outright to pay down the mortgage, renovate, invest or help the kids.
Is the lump-sum payment taxable? +
The tax treatment of a lump sum received for granting a long-term lease depends on your individual circumstances, and it may have tax consequences. 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? +
Nothing. The free assessment costs nothing, and we pay for the design, council approvals and the build of the secondary dwelling. You don't contribute to the build, and you're not responsible for finding tenants, maintenance or vacancies — we carry all of that for the life of the lease. We do encourage you to obtain independent legal advice before signing.
How does the lease affect my property's value? +
The 99-year lease is registered on title and stays with the land, so it will be a factor in any future valuation or sale of your property. How it affects value depends 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 best fit for your property. 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.

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