The Victorian Government has made it easier to build a small second home in residential and rural areas across Victoria – giving families more housing choice and boosting housing supply.
To make it easier to build a small second home, otherwise known as a small second dwelling, the Victoria Planning Provisions, all planning schemes and the Building Regulations have changed.
Some of the key features of a small second home include:
Floor area equal to or less than 60 square metres
Sited on the same lot as an existing dwelling
One small second dwelling per lot, however there may be more than one and this would be subject to a planning permit
Is self-contained, i.e. has a kitchen, bathroom, toilet and laundry facilities
No carparking required
Anyone can live in it or rent it out
Cannot be subdivided from the primary dwelling
Cannot be connected to reticulated gas
Meets siting requirements, including minimum garden area
Can be attached, detached or a conversion
Must have an access path from the front street
In most cases, a small second dwelling will not require a planning permit; however, a building permit is always required.
A dependent person’s unit is a movable building on the same lot as an existing dwelling and used to provide accommodation for a person dependent on a resident of the existing dwelling.
Changes have been made to the Victoria Planning Provisions and all planning schemes to expand the transitional arrangements for a dependent person’s unit until 28 March 2025.
Any proposal for a dependent person’s unit is subject to the same provisions that applied before these changes were introduced on 28 March 2024.
These changes supersede amendments made to the Victoria Planning Provisions in December 2023, which stated that dependent person’s units would be replaced by small second dwellings (also known as small second homes) and could not be built from mid-March 2024.
With these new changes, dependent person’s units will run alongside small second dwellings for 12 months, until 28 March 2025.
The Amendment Regulations introduced 3 new siting regulations for small second dwellings. These are:
Regulation
Description of change
74A – Building setback for small second dwellings
To require the new small second dwelling to be set behind the front wall of the existing dwelling facing the front street on that allotment. Note Regulation 74 applies concurrently.
86A – Private open space for small second dwellings
To require provision of private open space to small second dwellings.
86B – Accessibility for small second dwellings
To require provision of a clear and unobstructed path from the front street to the small second dwelling.
In addition to the above new regulations, other key regulatory amendments include:
Regulation
Description of change
19A – Exemptions relating to small second dwellings
New regulation to provide certain exemptions for some owner-builders that apply for a certificate of consent to build a small second dwelling.
25(2)(h) – Application for permit to construct or alter building
Amended to include on the allotment plan accompanying the building permit application – the location, dimensions and area of private open space for small second dwellings.
69 – What is an existing building?
Amended to include a small second dwelling as part of an existing building on an adjoining allotment.
72 – Application of this Division
Amended to include small second dwellings. This means the siting provisions in Division 2 apply to small second dwellings, unless specifically excluded.
73 – Maximum street setback
Amended to provide exemption to small second dwellings.
76 – Site coverage
76A – Minimum garden area
77 – Permeability
Amended to clarify the regulation still applies if there are 2 buildings constructed on the allotment, one of which is a small second dwelling.
78 – Car parking
Amended to provide exemption to small second dwellings.
86 – Private open space
Amended to—
Permit a reduced private open space for the existing dwelling if there is already a small second dwelling on the allotment, and
Provide exemption to new small second dwellings so regulation 86A applies.
Form 1 and 2 – Schedule 4
Amended to incorporate small second dwelling. The forms have been updated and can be accessed on our Building Forms webpage.
Part 2 of Schedule 5
Various amendments as a result of new siting provisions for small second dwellings
Other than the changes to the siting provisions, there are no new changes to design and construction requirements for small second dwellings. Small second dwellings will need to comply with the relevant technical requirements in the building regulations, including the National Construction Code.
Yes, the new exemptions introduced in Regulation 19A mean that owner-builders remain eligible even if they have been issued with a building permit in the previous 5 years for carrying out domestic building work as a builder on the land they own.
Anyone. There are no limitations on tenancy for a small second dwelling. It can be rented, used as long-term or short-term accommodation or used by a family member and not rented out.
In addition, an owner looking to apply for a certificate of consent to build a small second dwelling is not required to intend to reside in the small second dwelling.
The residential tenancy requirements that apply to a dwelling will also apply to a small second dwelling. These include requirements relating to room sizes, facilities and smoke alarms. More inform about renting housing is available from Consumer Affairs Victoria.
Siting and development
The 60 square metres is the total floor area of the small second dwelling, measured from the outside of external walls or the centre of party walls, and includes all roofed areas.
You can convert a garage or other building into a small second dwelling if it:
Meets the definition of a small second dwelling;
Complies with any planning scheme requirements;
Complies with the building requirements.
It is advised to speak with your local council or a registered building surveyor for more information.
A ‘tiny home’ can be a lawful small second dwelling if it meets the specified planning and building requirements. Other regulations including local laws may apply. It is advised to speak with your local council or a registered building surveyor for more information.
The siting, design and amenity requirements for a small second dwelling are outlined in the planning scheme and Building Regulations 2018. The requirements in both systems are generally similar and can be found in:
Clause 54 of the planning scheme (One dwelling on a lot and small second dwellings) which applies in residential zones when a planning permit is required (except the Low Density Residential Zone).
Part 5 of the Building Regulations 2018 which applies in all other circumstances.
The minimum garden area requirement applies to all land in the Neighbourhood Residential Zone and to specified land in the General Residential Zone, and must be met when constructing or extending a small second dwelling.
More information about minimum garden area is available on the Planning website.
A lot with an approved building envelope may override the siting requirements in the planning and in Part 5 of the Building Regulations 2018.
A planning permit may be required to remove, destroy or lop vegetation on your property (including trees and shrubs – either native or exotic species).
An easement on the land may mean there are restrictions on the use of that land.
For example, a utility company may use the land for pipes or power infrastructure, and you may not be able to build on that part of the land. Easements are recorded on each property’s Certificate of Title. You can purchase a Certificate of Title at Landata.
Small second dwellings cannot be connected to a reticulated natural gas supply.
Dependent person’s units can be built until 28 March 2025.
A small second dwelling provides a similar function to a dependent person’s unit without the restrictions on tenancy and with proper siting, design and amenity requirements.
A dependent person’s unit must meet the new requirements in the planning scheme for a small second dwelling after 28 March 2025.
Existing, lawful dependent person’s units will remain lawful following the changes. They will not need to meet the requirements for a small second dwelling unless you want to change the use of the building to a small second dwelling after 28 March 2025.
Yes, dependent person’s units can be built until 28 March 2025.
Agreements and covenants
A section 173 agreement sets out conditions or restrictions on the use or development of land, to achieve other planning objectives in relation to the land that may affect the development of a small second dwelling.
More information about section 173 agreements is available from the Department of Transport and Planning’s Agreements webpage.
A restrictive covenant is a private treaty or written agreement between landowners that limits the way land can be used and developed. If a registered restrictive covenant applies to your land, you will need to check if the construction of a small second dwelling would result in breach of a restrictive covenant.
State and local governments do not create or enforce restrictive covenants. This is done by owners of the land who benefit from the covenant.
More information about restrictive covenants is available from the Department of Transport and Planning’s Restrictive Covenants webpage.
Associated structures, fences and solar panels
Yes, however a planning and building permit may be required.
There are no fencing requirements between an existing dwelling and a small second dwelling. You can decide if you want to install fencing between the backyard of the existing dwelling and the small second dwelling, or provide a shared backyard.
Yes. Check with your local council to see if you are in a heritage area. A planning permit may be required for solar panels in heritage areas that are visible from the street, a lane or a park.
Development contributions
A small second dwelling will normally be exempt from these levies. Other contributions required by other government authorities such as water authorities will still apply
Requirements under planning overlays
Services normal to a small second dwelling (for example cooling or heating systems, hot water service, shade sails and others) are exempt from requiring a planning permit. These services are listed in Clause 73.01 (General terms) of planning schemes.
Yes, any requirements that apply whether or not a planning permit is required continue to apply.
Yes, if a planning permit is required for a small second dwelling under the Neighbourhood Character Overlay.
Yes. A planning permit is required to alter or demolish your small second dwelling.
Local matters
Bin and recycling enclosures should be located on the property for convenient access by residents of a small second dwelling and the existing dwelling. Some councils provide residents with options to include the number of bins provided and to change the size of some bins at a cost.
Contact your local council for more information.
The local council is generally responsible for assigning street numbers to properties within the municipality.
The display of street numbers is the obligation of the property owner.
Street numbers must be clearly display in a prominent position to allow the property to be quickly and easily identified and located. This is most important in an emergency situation, but also for deliveries, service authorities and visitors to the property.
Contact your local council for more information.
You may be able to utilise existing utility services to the existing dwelling on the lot.
Contact your utility provider for more information.
Contact your local water authority to find out if fees apply.
General
If the building could be removed in less than 24 hours, then it falls outside of SSD regulations. There are also exemptions relevant to caravan parks.
There is an exemption in the planning scheme for moveable units built on behalf of Homes Victoria. In this case, no planning permit is required.
If you are doing building work, it will require a building permit, but a moveable unit sometimes qualifies for some exemptions under the building framework.
Regulation 74 (Building Regulations 2018) continues to apply to SSDs, so the usual setbacks apply. Additionally, there is a requirement for the SDD to be set back from the front wall of the main dwelling.
Sometimes corner blocks present unusual situations, so builders may wish to go through the report and consent process in such cases.
Builders and the relevant building surveyor (RBS) should consult the local policies imposed by councils. Sometimes councils require STORM reports for all new buildings, or just ones in certain areas.
The BPC does not make regulations nor have authority over local municipalities but can only give examples as to what it thinks is best practice. The BPC will address this as best as it can in its Practice Note, but it best to consult local municipalities for clarification
SSDs must continue to meet the requirement for an 60m2. They can’t be extended later unless they receive a change of use approval (e.g. via a clause 55 application for two dwellings on a lot).
The BPC will investigate this and clarify in its materials, however the regulations set out a maximum grade for the access pathway.
Can an SSD be built if the lot is subject to a Covenant Agreement?
Covenants are private agreements and the Government neither creates nor enforces them through the court system. Each covenant needs to be looked at individually. If a lot is subject to one, a lawyer should be consulted.
These services are outside of building regulations, so owners would have to refer to respective agencies such as CAV, local council, or service providers for your area. Billing is subject to the Residential Tenancies Act and a matter between owner and tenants.
Subdivisions require separate provisions for these services. For SSDs in backyards, it is up to the owner of the property to ensure these services are provided to the SSD however they see best.
Can the Secluded Private Open Space (SPOS) of the existing dwelling be combined with the SSD? Do builders need to combine the 25m2 and 8m2 SPOS?
They must be distinct and separate spaces.
A second dwelling that is over 60m2 will not fall within the definition of an SSD. These larger dwellings will need approval from council.
Report and consent would need to be sought.
Schedule 3 item 18 of the Building Regulations 2018 building permit exemptions, for a habitable detached bungalow a building permit would be required, it would not qualify for the SSD planning exemptions.
Schedule 3 item 18 of the Building Regulations 2018 building permit exemptions, for a habitable detached bungalow a building permit would be required, it would not qualify for the SSD planning exemptions.
Yes, a SSD can be attached or detached to another structure however it would require fire separation and a report and consent may be require for to achieve the access path in accordance with Reg 86B.
Such a building would be larger than 60m2, so it would not classify as an SSD. The roofed deck needs to clearly be part of the primary dwelling.
SSDs are subject to the requirements of a normal Class 1A therefore a laundry is required.
A Certificate of Occupancy of a separate Class 1A dwelling could not be issued in such a case, as it would not be a self-contained dwelling. Also, as it is not a separate Class 1A dwelling, the Fire Resistance Level separation provisions could be in dispute where there is less than 1800mm between external walls.
At the end of the transitional provisions period (28 March 2025), no more DPU's will be able to be built. This issue is under active consideration by the Government.
