Call 1300-911-138 for Small Second Homes Assistance or Edmund 0468377999.
Below is some general information, not specific to your block or project.
Each council may have their own local rules.
So What Is A Second Dwelling / “Small Second Home” ?
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Planning |
Building |
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The Victorian Planning Provisions and all planning schemes include the land use term ‘small second dwelling’. |
The definition of a small second dwelling is included in Part 5 of the Building Regulations 2018. |
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Land Use Term |
Definition |
Term |
Definition |
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Small second dwelling |
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:
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Small second dwelling |
A Class 1a building with a gross floor area that is equal to or less than 60m2 on the same allotment as an existing building that is a single dwelling. |
Your Title Information
the first page, the register statement and second page, allotment plan MUST be read together as well as covenants s, section 173, caveats, easements on title plan and any restrictions.
A restrictive covenant limits the way land can be used and developed.
Common restrictive covenants:
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- Limit only one house on a lot
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- Control the type of building materials used for new buildings and fences
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- Prohibit certain uses of land for example quarry operations
- Locations of buildings etc
If you have a restrictive covenant on your property that limits only one house on the lot, you cannot build a small second home.
A restrictive covenant is recorded on your land title and listed as an encumbrance within the Title Register.
To find out whether your property is affected by a restrictive covenant, visit Landata to obtain a search of the Register and select ‘Titles & property certificates’.
After checking conditions on title and easements, the zoning and overlays relevant to your land are critical to determining whether a planning permit is needed prior. Site conditions will also play a key role.
You can visit https://www.land.vic.gov.au and enter your address for zoning and overlay information specific to your property.
Residential Zone
The residential zones include the land use term ‘small second dwelling’ and apply conditions and requirements for the use and development of land for a small second dwelling.
Planning permit requirements in the residential zones are set out below:
| Zone | Is a planning permit required to use land? | Is a planning permit required to develop land? |
| General Residential Zone Mixed Use Zone Neighbourhood Residential Zone Residential Growth Zone Township Zone | No planning permit required if all conditions are met. A small second dwelling is prohibited if the conditions are not met. Conditions:Must be no more than one dwelling existing on the lot.Must be the only small second dwelling on the lot.Must not be connected to a reticulated gas supply.Must be connected to wastewater treatment, water and energy supply (Township Zone). |
No planning permit required if the lot is 300sqm or greater, otherwise a planning permit is required. |
| Low Density Residential Zone | No planning permit required if all conditions are met. A small second dwelling is prohibited if the conditions are not met. Conditions:Must be no more than one dwelling existing on the lot.Must be the only small second dwelling on the lot.Must not be connected to a reticulated gas supply.Must be connected to wastewater treatment, water and energy supply. |
No planning permit required. |
Rural Zone
RUZ rural zones include the land use term ‘small second dwelling’ and apply conditions & requirements for the use and development of land for a small second dwelling a.k.a “small second home”.
Planning permit requirements in the rural zones are as below:
| Zone | Is a planning permit required to use land? | Is a planning permit required to develop land? |
| Rural Living Zone Farming Zone Rural Activity Zone |
No planning permit required if all conditions are met. A small second dwelling is prohibited if conditions are not met. Conditions: Must be no more than one dwelling existing on the lot. Must be the only small second dwelling on the lot. Must not be connected to a reticulated gas supply.Must be connected to an appropriate supply of wastewater treatment, water and energy.Must be setback a specified distance from and on which a work authority has been applied for or granted under the Mineral Resources (Sustainable Development) Act 1990).Must be setback the specified distance from a wind energy facility (Farming Zone). |
No planning permit required unless within a specified setback from a road, boundary, dwelling, other small second dwelling or watercourse / waterbody and earthworks aren’t required. |
| Green Wedge Zone Green Wedge A Zone Rural Conservation Zone |
Planning permit required. A small second dwelling is prohibited if conditions are not met: Must be no more than one dwelling existing on the lot.Must be the only small second dwelling on the lot.Must not be connected to a reticulated gas supply.Must be connected to an appropriate supply of wastewater treatment, water and energy. |
Planning Permit Required. |
Commercial Zone
A small second dwelling is prohibited in a commercial zone.
Part A of the Urban Growth Zone (which applies to land where no precinct structure plan applies) includes the land use term ‘small second dwelling’ and apply conditions and requirements for use and development of land for a small second dwelling.
| Zone | Is a planning permit required to use land? | Is a planning permit required to develop land? |
| Urban Growth Zone (Part A) | No planning permit required if all conditions are met. A small second dwelling is prohibited if the conditions are not met. Conditions:Must be no more than one dwelling existing on the lot.Must be the only small second dwelling on the lot.Must not be connected to a reticulated gas supply.Must be connected to an appropriate supply of wastewater treatment, water and energy. |
No planning permit required unless the development is within a setback from a road, boundary, dwelling, other small second dwelling or waterbody / watercourse and earthworks aren’t required. |
The Urban Growth Zone (Part A) requires a planning permit for any new building proposed within 100 metres of an existing small second dwelling, consistent with the existing requirement for a dwelling.
Other zones may include conditions and requirements that apply to a small second dwelling.
Overlays
Councils have been specifically updated overlays to include a small second dwelling as in the table below. Other overlays and other requirements that may apply to a small second dwelling in your location.
| Overlay | Is a planning permit required ? |
| Heritage Overlay | A planning permit is not required if:Building height must not exceed 5 metres; andMust be finished in muted tones and colours.Otherwise, a planning permit is required. |
| Design and Development Overlay | A planning permit is not required if:Building height must not exceed 5 metres; andMust be finished in muted tones and colours.Otherwise, a planning permit is required.A requirement specified in a schedule to the overlay that applies whether or not a planning permit is required, continues to apply. |
| Neighbourhood Character Overlay | A planning permit is not required if:Building height must not exceed 5 metres; andMust be finished in muted tones and colours.Otherwise, a planning permit is required. |
| Significant Landscape Overlay | A planning permit is required.The application is eligible for VicSmart |
| Airport Environs Overlay and Melbourne Airport Environs Overlay | A planning permit is required, and other requirements apply. |
| Other overlays | Existing requirements continue to apply. Planning permit and other requirements may also apply to a small second dwelling. |
