Small second homes
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.
To support these changes, an updated Minister’s Guideline (MG-12): Siting and Design of Single Dwellings was published on the VBA website on 14 December 2023.
For more information, including an applicant's guide and details about the planning and building framework, visit the Department of Transport & Planning's website.
Frequently Asked Questions
Building Amendment (Small Second Dwellings) Regulations 2023
The Amendment Regulations can be found on the Victorian Legislation website.
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 to the VBA 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—
|
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.
Find out more information on owner-builders visit our owner-builders webpage.
Living in a small second dwelling
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 in Planning Practice Note 84 – Applying the minimum garden area requirement.
A lot with an approved building envelope may override the siting requirements in the planning and in Part 5 of the Building Regulations 2018.
More information about building envelopes is available in Building Practice Note SI-02 – Building Envelopes (PDF, 192.56 KB).
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.
The Victorian Government announced a ban on reticulated natural gas connected for all new homes in Victoria’s Gas Substitution Roadmap.
Dependent person’s units
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, unless it is subject to the transitional provisions in the planning scheme at Clause 52.04 (Transitional provisions for a dependent person’s unit).
It is advised to speak with your local council or a registered building surveyor for more information.
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.
It is advised to speak with your local council or a registered building surveyor for more information.
The transitional provisions in the planning scheme at Clause 52.04 (Transitional provisions for a dependent person’s unit) may apply.
It is advised to speak with your local council or a registered building surveyor for more information.
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.