Small second homes

Changes to the planning and building systems

To make it easier to build a small second home, the Victoria planning provisions, all planning schemes and the building regulations have changed.

Following the Victorian Government’s Housing Statement: The decade ahead 2024-2034, a small second home up to 60 square metres, also known as a granny flat, secondary dwelling or an accessory dwelling unit, no longer requires a planning permit in most cases where there are no flooding, environmental or other special planning controls.

A small second home still requires a building permit, to meet siting, amenity, design and safety requirements – and cannot be subdivided or separately sold off from the main home.

On 14 December 2023, Amendment VC253 made changes to the Victoria planning provisions and all planning schemes, and the Building Amendment (Small Second Dwellings) Regulations 2023 made changes to the Building Regulations 2018 to coordinate the approval processes to build a small second home.

Find out more about the updated planning and building framework:

Definition of a small second home

A small second home is a dwelling that is 60 square metres or less with a kitchen, bathroom and toilet, located on the same lot as an existing home.

A small second home must not be connected to reticulated natural gas and does not require a car parking space.

Occupancy of small second homes

Anyone can live in or rent-out a small second home, including a family member, dependent person or unrelated persons.

The residential tenancy requirements that apply to a home also apply to a small second home, including room sizes, facilities and smoke alarms. More information is available from Consumer Affairs Victoria.

Building a small second home: location and permits

A small second home can be built on most properties in residential and rural zones without a planning permit.

A building permit is always required.

Find out more about the requirements that apply and how to get started:

Transitional arrangements for a dependent person's unit

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.

The land use term and definition for ‘dependent person’s unit’ was removed from the Victoria planning provisions and all planning schemes by Amendment VC253. Transitional arrangements meant that some proposals for dependent person’s units could continue until 14 March 2024.

On 28 March 2024, Amendment VC259 made further changes to the Victoria planning provisions and all planning schemes to expand the transitional arrangements until 28 March 2025. Any proposal for a dependent person’s unit is subject to the same provisions that applied before Amendment VC253 was gazetted.

More information about a dependent person's unit

The difference between a small second dwelling and a dependent person’s unit

A small second dwelling must:

be a building with a gross floor area of 60 square metres or less, on the same lot as an existing dwelling and used as a self-contained residence, which must include a kitchen sink; food preparation facilities; a bath or shower; and a toilet and wash basin
meet the siting, design and amenity requirements set out in the relevant planning scheme
comply with any other requirement set out in the relevant planning scheme.

A dependent person’s unit must:

be 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
comply with any other requirement set out in the relevant planning scheme.

A landowner may choose which development they pursue for their land, in consultation with the relevant municipal council about the requirements that apply.

Converting a dependent person’s unit to be a small second dwelling

It may be possible to convert a dependent person’s unit to a small second dwelling if the dependent person’s unit meets all the requirements for a small second dwelling. Check with the relevant municipal council about the requirements.

Incorporating a dependant person's unit and a small dwelling on the same lot

Depending on the requirements of the relevant planning scheme, it may be possible for a small second dwelling and a dependent person’s unit to be lawfully constructed on the same lot. Check with the relevant municipal council about the requirements.

Impact of transitional arrangement expiry on 28 March, 2025

Existing, lawful dependent person’s units will remain lawful. They will not need to meet the requirements for a small second dwelling unless the building is being used as a small second dwelling.

Subject to the requirements in the relevant planning scheme, a proposal for a dependent person’s unit may not be able to progress after 28 March 2025.

Contact your council for more information.

More information

Information about Planning Scheme Amendment VC253 is at Amendment VC253.

Information about Planning Scheme Amendment VC259 is at Amendment VC259.

Information about planning permit requirements for siting, design and amenity can be found in the Planning Practice Note 27: Understanding the residential development provisions.

Information about the planning requirement for garden areas can be found in the Planning Practice Note 84: Applying the minimum garden area requirement.

Information about the building permit requirements for siting, design and access can be found in the Minister’s Guideline MG-12:Siting and design of single dwellings.The report includes information on consent considerations relevant to the siting, design and access requirements for a building permit for a single dwelling and a small second dwelling.

Information about when a building permit is required, can be found at BP01: When is a building permit required?

Consumer Affairs Victoria can provide you with information about how Victoria's rental laws may apply to you.

Page last updated: 28/03/24