Understanding Victoria's New Small Second Dwelling Rules

The Victorian Government has introduced new rules that make it easier to build a small second dwelling of up to 60 square metres on the same lot as your existing home. In many zones you may not need a planning permit, but a building permit is still required and there are important siting and design requirements to follow.

Based on official guidance from the Victorian Government – Department of Transport and Planning.

What Are Small Second Dwellings?

Small second dwellings (commonly known as granny flats) are self-contained living spaces built on the same property as an existing home. Under Victoria's new rules, these dwellings can be up to 60 square metres in floor area and must be used for residential purposes only.

The new regulations aim to increase housing supply by making it easier for homeowners to add secondary dwellings to their properties, providing flexible housing options for extended families, adult children, elderly parents, or rental income opportunities.

Do You Need a Planning Permit?

Whether you need a planning permit depends on your property's planning zone. In many residential zones, small second dwellings up to 60 square metres may be exempt from requiring a planning permit if they meet specific design and siting requirements.

However, you will always need a building permit regardless of whether a planning permit is required. Your local council can advise whether your property is in an eligible zone.

Important Note:
‍Always check with your local council before starting any construction. Rules can vary by municipality, and some areas may have additional overlays or restrictions that affect what can be built.

Key Siting and Design Requirements

To qualify for exemption from a planning permit (where applicable), small second dwellings must meet several requirements:

Size and Height

• Maximum floor area of 60 square metres
• Maximum wall height of 3 metres
• Maximum overall height typically 4 metres (check local requirements)

Setbacks

• Minimum setback from side boundaries (varies by zone)
• Minimum setback from rear boundary
• Must not obstruct vehicle access or parking

Design Standards

• Must comply with building regulations and standards
• Appropriate screening and privacy considerations
• Stormwater and drainage requirements
• Energy efficiency standards (6-star minimum)

Building Permit Requirements

Even if you don't need a planning permit, you always need a building permit. The building permit process ensures your granny flat:

• Meets structural safety requirements
• Complies with the Building Code of Australia
• Has appropriate plumbing, electrical, and drainage systems
• Meets energy efficiency and insulation standards
• Includes proper fire safety measures

The Approval Process

The typical process for building a small second dwelling involves several key steps. Our team at Expert Granny Flats guides you through each stage:

1. Initial consultation: Check with your local council about zoning and requirements for your property
2. Design phase: Work with a designer or builder to create compliant plans
3. Planning permit (if required): Submit application to council if your property requires one
4. Building permit: Submit detailed construction plans to a building surveyor for approval
5. Construction: Build according to approved plans with required inspections
6. Final inspection and certificate: Obtain certificate of occupancy upon completion

Benefits of the New Rules

The streamlined approval process offers several advantages:

• Faster approval times in eligible zones
• Reduced application costs where planning permits aren't required
• Greater certainty about what can be built
• Increased housing options for growing or multigenerational families
• Potential for rental income
• Added property value

Common Questions

Can I use it as a rental property?

Yes, small second dwellings can be rented out, subject to standard tenancy laws and any conditions on your planning or building permits.

Do I need to connect to existing services?

Yes, granny flats must connect to the property's existing water, sewer, electricity, and stormwater systems. Separate metering may be possible depending on your setup.

What if my property has overlays?

Properties with environmental, heritage, or other planning overlays may have additional restrictions. Always check with your local council about any overlays affecting your property. For more common questions, visit our FAQ page.

Disclaimer: This article provides general information only and should not be relied upon as legal or professional advice. Always refer to the official Victorian Government resources and consult with your local council for current requirements specific to your property.