Your questions on small second dwellings answered

1. If an SSD meets the requirements of exemption from a planning permit, would the SSD still require a building permit if it was an unregistered movable dwelling (UMD), which would effectively mean that no permit would be required from either building or planning?

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.

2. Is a building permit required for movable one or two-bedroom unit offered by the Department of Families, Fairness and Housing, and movable rooms offered for lease by companies, such as Room to Move?

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.

3. How do SSD street frontage requirements work for corner blocks?

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.

4. Will the SSDs need to meet water sensitive urban design (WSUD) / STORM requirements for the discharge of additional impermeable area from the site?

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.

5. Shouldn't the calculation of the floor area, such as including roofed deck and/or veranda, be defined/specified in the VBA Practice Note, so there is no variation of interpretation between municipalities?

The VBA does not make regulations nor have authority over local municipalities but can only give examples as to what it thinks is best practice. The VBA will address this as best as it can in its Practice Note, but it best to consult local municipalities for clarification.

6. If an SSD is built as 60m² with a planning permit exemption, and later a Class 10a veranda and deck were built as an extension to the SSD, would that extension require a planning permit as it would not meet the definition of an SSD anymore?

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).

7. Are steps required on a slope?

The VBA will investigate this and clarify in its materials, however the regulations set out a maximum grade for the access pathway.

8. 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.

9. How do owners acquire a separate NBN service when there is no separate address? How does mail delivery work under these circumstances?

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.

10. 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.

11. Can owners build an SSD over 60m² with a planning permit?

A second dwelling that is over 60m2 will not fall within the definition of a “SSD”. These larger dwellings will need approval from council.

12. Can consent be sought to build an SSD in front of an existing dwelling?

Report and consent would need to be sought.

13. Can a habitable detached bungalow, which is ancillary to the existing Class 1A dwelling on the site, still be built if it is not fully self-contained?

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.

14. Could an SSD be elevated over a parking space or garage?

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.

15. Given a Class 1A building can be more than one building under the regulations, what would stop roofed decks associated with the primary dwelling from being used by the SSD, increasing the usable floor area above 60m²?

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.

16. As the planning permit exemptions do not include a laundry, please explain how RBSs should address an SSD without a laundry under the National Construction Code/Building Code of Australia Deem-to-Satisfy provisions?

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.

17. Will Dependant Person’s Units (DPUs) still be able to be constructed?

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.