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Victoria’s planning system makes building small second homes up to 80 square metres simple with the small second home planning provisions.

Using the small second home planning provisions

What is a small second home?

In the Victorian planning system, a small second home is referred to as a 'small second dwelling'. ‘Small second dwelling’ is defined in clause 73.03 (Land use terms) of the Victoria Planning Provisions and all planning schemes, as:

  • A building, or part of a building, with a total floor area not exceeding 80 square metres, 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
    • a toilet and wash basin.

For the purpose of this definition, the total floor area:

  • includes all floors of a building, or part of a building, used as a self-contained residence
  • is measured from:
    • the outside surface of the external walls of a small second dwelling; or
    • the centre of a party wall between a small second dwelling and another building
  • does not include:
    • an unroofed patio, pergola, porch, terrace or other unroofed structure that is attached to or abutting a small second dwelling; or
    • any roofed deck, verandah or other roofed structure that is attached to or abutting a small second dwelling.

What are the planning permit requirements for a small second dwelling?

Zones

A small second dwelling is permitted in all residential and rural zones and normally won’t need a planning permit in those zones unless:

  • The lot is less than 300 square metres (in a residential zone)
  • The land is in a Rural Conservation Zone, Green Wedge Zone or Green Wedge A Zone
  • The land is in a rural zone that specifies a planning permit requirement for earthworks, or where setbacks apply to waterbodies, roads, other dwellings or small second dwellings or other land uses as specified in the zone or schedule
  • A planning permit is required under another provision of the planning scheme.

Any condition set out in the zone that applies to the use of land for a small second dwelling must be met. A planning permit cannot be granted to allow a separate lot to be created for land containing a small second dwelling.

A small second dwelling may be permitted in other zones depending on the requirements set out in the zone and schedule.

Overlays

A planning permit may be required for a small second dwelling in an overlay. An overlay may also specify other requirements.

In a Heritage Overlay, Design and Development Overlay or Neighbourhood Character Overlay, a small second dwelling does not require a planning permit if the building does not exceed 5 metres in height and is finished in muted tones and colours.

Other planning exemptions and requirements

Car parking does not need to be provided for a small second dwelling.

Small second dwellings are also exempt from the requirement to pay a development infrastructure levy or community infrastructure levy under a development contributions plan.

A planning permit may be required to remove, destroy or lop a canopy tree in certain circumstances under clause 52.37 (Canopy Trees).

To confirm the planning requirements that apply to a specific proposal, contact the local council.

What are the building permit requirements for a small second dwelling?

A building permit is normally required to develop a small second dwelling, including when a planning permit is required.

Find more information about building permits at the Building and Plumbing Commission.

What are the siting requirements for a small second dwelling?

Siting and design requirements that address neighbourhood character, sustainability, internal amenity and external amenity apply to small second dwellings.

In most cases, the siting assessment is carried out by the relevant building surveyor as part of the building permit process.

When a small second dwelling requires a planning permit because the lot is less than 300 square metres in a residential zone, the siting assessment is carried out by the council planning department as part of the planning permit application process. The siting requirements in the planning and building systems are the same, so will only need to be conducted once.

The minimum garden area requirement applies to applications in the general residential zone and neighbourhood residential zone.

Livable Housing Design Standard

The National Construction Code includes a Livable Housing Design Standard for residential buildings. These standards apply in addition to the common suite of siting and design requirements in the planning and building systems. Importantly, they include requirements that may need to be taken into consideration at the design stage, for example, access to the home from the property boundary.

Compliance with these requirements is assessed as part of the building permit application. Where a planning permit is required for a small second dwelling, it is important to consider the Livable Housing Design Standard at the planning permit stage.

Other matters

Section 173 agreements

A section 173 agreement sets out conditions or restrictions on the use or development of land, or to achieve other planning objectives in relation to the land. If in place, a section 173 agreement may affect the development of a small second dwelling. For more information visit agreements.

Restrictive covenants

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. For more information visit restrictive covenants.

Local matters

A local council can assist with information about waste and bins, street numbering, address, and whether a small second dwelling will be separately rated and valued. Find the details for your local council at Know Your Council.

Contact your utility provider to find out whether you can utilise existing utility services to the existing dwelling on the lot, and if any fees apply.

Making a small second dwelling available for rent

There are no restrictions on who can live in a small second dwelling. Rental laws, including the rental properties minimum standards, apply.

More information is available at Consumer Affairs Victoria.

Introduction and updates to the small second home provisions

Introduction

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 for a small second home.

The changes meant that a small second home up to 60 square metres no longer required a planning permit in most cases where there were no flooding, environmental or other special planning controls.

Updates

Amendment VC282 introduced changes to the standards in clause 54 which apply to single dwellings and small second dwellings on lots less than 300 square metres in residential zones. The changes came into effect on 8 September 2025.

Amendment VC306 introduced significant changes to improve the small second dwelling provisions. The changes came into effect on 15 October 2026 and include:

  • Increasing the maximum floor area for a small second dwelling from 60 square metres to 80 square metres to increase flexibility and liveability.
  • Changing how the floor area of a small second dwelling is measured to clarify requirements and increase flexibility.
  • Deleting the planning requirement to provide an access pathway to the small second dwelling, to provide clarity and remove duplication with the liveable housing design standard.

All changes made by Amendment VC306 are proposed to be reflected in the building system with changes to the Building Regulations 2018 and Minister’s Guideline 12 to follow soon after the gazettal of Amendment VC306.

Transitional arrangements for dependent person's units

A dependent person’s unit:

  • is a movable building on the same lot as an existing dwelling, and
  • is 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, along with the introduction of the new small second dwelling requirements. Transitional arrangements in Amendment VC253 meant that some proposals for dependent person’s units that had already commenced could be completed.

In 2024, Amendment VC259 made changes to the Victoria Planning Provisions and all planning schemes to allow new applications for dependent person’s units to be made for 12 months. The provisions, at clause 52.04, originally expired on 28 March 2025. They have since been extended by Amendment VC266 and Amendment VC304 and now expire on 28 March 2027.

The transitional arrangements at clause 52.04 include provisions for some applications that are not completed when the clause expires on 28 March 2027.

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 local 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 local municipal council about the requirements.

Guidance and supporting material

Information about the building requirements for siting, design and amenity and how they apply can be found at:

Information about the planning requirements for siting, design and amenity and how they apply can be found on the Single home code page.

You can read guidelines for meeting the requirements of Clause 54: One dwelling on a lot and small second dwellings on a lot at:

Page last updated: 15/10/26