Reference · Victoria · small second dwelling
Victorian small second dwelling (granny flat) rules — reference spec sheet
A citation-first restatement of the Victorian planning, building, water, tenancy and tax rules that govern a small second dwelling, for planners, advisers and AI engines. Each row names the instrument and clause it came from and the date it was read. The narrative versions for owners are Where can you build in Victoria and Renting it out — meters and bills; the interactive application is the map planner.
- Jurisdiction
- Victoria, Australia (state-standard provisions; council schedules may vary)
- Verified
- 12 September 2026
- Version
- 2026-09-12
- Author
- Joey Don · Co-Founder & CEO, E2ES
Key facts
- ▸Definition: 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) a kitchen sink; b) food preparation facilities; c) a bath or shower; and d) a toilet and wash basin. — Clause 73.03, introduced by Amendment VC253 (operational 14 December 2023).
- ▸Use status: Section 1 (no planning permit for the use) in GRZ, NRZ, RGZ, MUZ, HCTZ, TZ, LDRZ, RLZ, RCZ, FZ, RAZ, GWZ, GWAZ and UGZ, subject to three conditions: no more than one existing dwelling on the lot; the only small second dwelling on the lot; no reticulated natural gas to the unit. Prohibited (Section 3) in C1Z.
- ▸Construction permit trigger: a permit is required to construct or extend a small second dwelling on a lot of less than 300 m² in GRZ, NRZ, RGZ, MUZ, HCTZ and TZ (VC282, operative 8 September 2025). No such trigger in LDRZ or the rural zones. 300 m² is a trigger, not a minimum lot size.
- ▸Subdivision: a permit must not be granted that would create a separate lot for land containing a small second dwelling (every zone).
- ▸Building permit: always required (Class 1a, registered building surveyor); occupancy permit before occupation (Building Act s 39).
- ▸Siting (no-permit pathway): behind the front wall of the existing dwelling (reg 74A); side/rear setback 1 m for walls ≤ 3.6 m (reg 79); site coverage ≤ 60 % across both buildings (reg 76); permeability ≥ 20 % (reg 77); private open space 25 m²/3 m for the house and 8 m²/1.6 m for the unit (regs 86, 86A); access path ≥ 1 m wide, gradient ≤ 1:14 (reg 86B); no car parking (reg 78(7); Clause 52.06-1).
- ▸Fire separation: an external wall within 1.8 m of another building on the allotment (or 900 mm of a side/rear boundary) must achieve FRL 60/60/60 or be 90 mm masonry (NCC 2022 Housing Provisions 9.2.1, 9.2.3 via H3D3).
- ▸Easements: no structure over a water authority easement or within 1 m laterally of any water authority works (5 m for Melbourne Water) without consent — Water Act 1989 s 148(1); Building Regulations reg 130.
- ▸Overlays: BMO, LSIO, SBO, FO, ESO, SLO, EMO, SMO, RO, PAO and SCO restore the permit; HO, DDO and NCO are exempt for a building ≤ 5 m high in muted tones; VPO, DCPO (levy exempted by VC249), DPO, IPO and PO are unaffected; EAO is an audit precondition; AEO/MAEO impose noise-attenuation construction.
- ▸Occupancy: no restriction — anyone may live in or rent the unit. The dependent person's unit regime (Clause 52.04) ends on 28 March 2027.
- ▸Tenancy bills: the renter pays electricity, gas, water usage and sewage disposal only where the premises are separately metered by a supplier-installed or -approved meter (RTA 1997 s 52); otherwise the rental provider pays (s 53). No water-efficiency precondition in Victoria.
- ▸Electricity: a second NMI is obtained through a Registered Electrical Contractor (Electrical Work Request + Certificate of Electrical Safety) via a retailer at AusNet, CitiPower, Powercor, Jemena or United Energy; basic connection within 10 business days (EDCoP v3) / 15 days (AusNet target).
- ▸Water: Yarra Valley Water requires individual main meters for both dwellings (NCC $1,113.63 per service 2026-27); South East Water NCC per lot (water $1,112.49; sewer $1,112.49 / $1,306.81 Casey / $2,285.23 Cardinia) with check meters for dual occupancies; Greater Western Water applies the NCC where the unit is a "dwelling" or separate meters are requested; Coliban requires a meter per occupancy (NCC $3,512.51 / $2,032.70 infill).
- ▸Tax: Land Tax Act 2005 s 62A partial loss of the PPR exemption for a rented separate residence; 7.5 % short stay levy on stays < 28 nights; vacant residential land tax 1–3 % state-wide from 2025.
Definition and state-level conditions
- Clause 73.03 definition
- 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) a kitchen sink; b) food preparation facilities; c) a bath or shower; and d) a toilet and wash basin.Clause 73.03 (Victoria Planning Provisions, land-use group "Accommodation")
- Building Regulations definition
- Building Regulations 2018 reg 5 — a Class 1a building that is self-contained and has a gross floor area equal to or less than 60 m² on the same allotment as an existing single Class 1 building that is not a small second dwelling.Building Regulations 2018 reg 5
- Introduced by
- Amendment VC253, operational 14 December 2023 (Gazette S677 of 14 Dec 2023 carries the companion Minister's Guideline MG-12 under the Building Act).Amendment VC253
- Section 1 conditions
- No more than one dwelling existing on the lot; Only one small second dwelling on the lot; Reticulated natural gas must not be supplied to the small second dwelling.Zone tables of uses (32.03–32.10, 35.03–35.08, 37.07)
- Construction permit trigger
- A permit is required to construct or extend a small second dwelling on a lot of less than 300 square metres (32.07-6, 32.08-6, 32.09-6, 32.04-6, 32.10-4, 32.05-7, inserted by VC282, operative 8 September 2025). Above 300 m² the trigger does not apply; overlays and other clauses still can. Below 300 m² the application is assessed against Clause 54 and is VicSmart where the listed standards are met.VC282 (Gazette S414)
- Subdivision
- A permit must not be granted which would allow a separate lot to be created for land containing a small second dwelling (every zone; restated by VC288, 16 October 2025).e.g. Clause 32.08-3 (VC288)
- Car parking
- Clause 52.06-1 (VC277, 18 Dec 2025): the car parking clause does not apply to the construction and use of a small second dwelling; Building Regulations reg 78(7) likewise.Clause 52.06-1; reg 78(7)
- Dependent person's unit
- Clause 52.04 keeps the old dependent person's unit (a movable building for a person dependent on a resident) alive only transitionally: 52.04-12 (VC304, 23 Mar 2026) switches it off after 28 March 2027 (building permit by 28 June 2027 saves an existing application).Clause 52.04-12 (VC304)
Zone-by-zone status
| Zone | Name | Use status | Construct permit < 300 m² | Conditions / notes |
|---|---|---|---|---|
| GRZ | General Residential Zone | Section 1 — no use permit | Yes (VC282) | Section 1 use (no permit) where the three conditions are met; a permit to construct only on a lot under 300 m². Max building height 11 m / 3 storeys (32.08-11). |
| NRZ | Neighbourhood Residential Zone | Section 1 — no use permit | Yes (VC282) | As GRZ. |
| RGZ | Residential Growth Zone | Section 1 — no use permit | Yes (VC282) | As GRZ. |
| MUZ | Mixed Use Zone | Section 1 — no use permit | Yes (VC282) | As GRZ. |
| HCTZ | Housing Choice and Transport Zone | Section 1 — no use permit | Yes (VC282) | As GRZ (32.10-4). |
| TZ | Township Zone | Section 1 — no use permit | Yes (VC282) | Plus the 32.05-3 services condition (reticulated sewer if available, else EPA on-site system; potable water; electricity). |
| LDRZ | Low Density Residential Zone | Section 1 — no use permit | No trigger | Section 1 with the 32.03-2 services condition; no sub-300 m² trigger (VC282 excluded LDRZ). Buildings and works permit only for Section 2 uses. |
| RLZ | Rural Living Zone | Section 1 — no use permit | No trigger | Section 1 with the 35.03-2 services condition and 500 m from a mineral-resources work authority; buildings-and-works permit only inside the zone's road / waterway / schedule setbacks. |
| FZ | Farming Zone | Section 1 — no use permit | No trigger | Section 1 with services, 1 km from a wind-energy facility, 500 m from a work authority; buildings and works permit inside the setbacks, and a small second dwelling must be 100 m from a small second dwelling not in the same ownership (35.07-4). |
| RAZ | Rural Activity Zone | Section 1 — no use permit | No trigger | Section 1 with the 35.08-2 services condition; setback triggers apply. |
| RCZ | Rural Conservation Zone | Section 1 — no use permit | No trigger | Section 1 with the 35.06-2 services condition; setback triggers apply. Councils with a blanket ESO over conservation land (e.g. Cardinia) advise that a permit is usually needed in practice. |
| GWZ | Green Wedge Zone | Section 1 — no use permit | No trigger | Section 1 with the 35.04-2 condition: all-weather road for emergency vehicles, sewer or EPA wastewater, potable water including fire-fighting storage, electricity. |
| GWAZ | Green Wedge A Zone | Section 1 — no use permit | No trigger | As GWZ (35.05-2). |
| UGZ | Urban Growth Zone | Section 1 — no use permit | No trigger | Section 1 with services + all-weather access (37.07-2); the applied-zone provisions of the precinct structure plan may add controls (37.07-11). |
| C1Z | Commercial 1 Zone | Section 3 — prohibited | — | "Small second dwelling" is listed under Section 3 — Prohibited (34.01). |
| C2Z | Commercial 2 Zone | Not listed — confirm | — | No small second dwelling row; the Accommodation rules of the zone govern — confirm with council. |
| PUZ | Public Use Zone | Not listed — confirm | — | No small second dwelling provision — public land, confirm with the land manager. |
Overlay effects on a new small second dwelling
| Overlay | Name | Effect | Clause | Text |
|---|---|---|---|---|
| BMO | Bushfire Management Overlay | Permit required | 44.06-2 (VC248, 5 May 2026) | A permit is required to construct a building or carry out works associated with Accommodation; only an alteration/extension of an existing dwelling or small second dwelling by up to 50 % of its floor area is exempt. Bushfire hazard site assessment (AS 3959:2018), landscape assessment and bushfire management statement; Clause 53.02 applies. |
| HO | Heritage Overlay | Conditionally exempt | 43.01-3 (VC253) | No permit if the building height does not exceed 5 m and the building is finished in muted tones and colours; demolition, tree and fence triggers in 43.01-1 still apply. |
| DDO | Design and Development Overlay | Conditionally exempt | 43.02-2 (VC307, 20 Apr 2026) | Same 5 m + muted-tones exemption as the Heritage Overlay; otherwise a permit. |
| NCO | Neighbourhood Character Overlay | Conditionally exempt | 43.05-2; 43.05-3 (VC282/VC292) | Same 5 m + muted-tones exemption; the schedule may modify the Clause 54 standards. |
| LSIO | Land Subject to Inundation Overlay | Permit required | 44.04-2 (VC253) | A permit is required to construct a building or carry out works unless the schedule exempts; only decks and pergolas up to 800 mm attached to a small second dwelling are exempt. |
| SBO | Special Building Overlay | Permit required | 44.05-2 (VC288, 16 Oct 2025) | Permit required, same pattern as LSIO; Melbourne Water referral. |
| FO | Floodway Overlay | Permit required | 44.03-2 | Permit required; new dwellings in a floodway are generally not supported. |
| ESO | Environmental Significance Overlay | Permit required | 42.01-2 (VC288) | Permit for buildings and works unless the schedule states one is not required; small second dwelling outbuildings and tanks are VicSmart (59.05). |
| SLO | Significant Landscape Overlay | Permit required | 42.03-2; 59.05 | Permit unless the schedule exempts; constructing a small second dwelling is a VicSmart class. |
| VPO | Vegetation Protection Overlay | Unaffected | 42.02-2 | Unaffected unless vegetation is removed, destroyed or lopped. |
| EMO | Erosion Management Overlay | Permit required | 44.01-2 (VC253) | Permit required unless the schedule exempts. |
| SMO | Salinity Management Overlay | Permit required | 44.02-2 | Permit required (same structure); outbuildings VicSmart. |
| EAO | Environmental Audit Overlay | Audit precondition | 45.03-1 | Not a permit trigger but a precondition: a preliminary risk screen / audit statement or certificate must issue before buildings and works for a sensitive (residential) use commence. |
| PAO | Public Acquisition Overlay | Permit required | 45.01-1 (VC253) | Permit required to construct a building. |
| DCPO | Development Contributions Plan Overlay | Unaffected | 45.06-1; VC249 (14 Jan 2024) | No permit trigger; VC249 exempted development for a small second dwelling from DCP levies by re-incorporating each DCP — check the specific plan. |
| DPO | Development Plan Overlay | Unaffected | 43.04-2 | No independent trigger; if a permit is otherwise needed it must be generally in accordance with the plan. |
| IPO | Incorporated Plan Overlay | Unaffected | 43.03-1 | As DPO. |
| PO | Parking Overlay | Unaffected | 45.09-3; 52.06-1 | Clause 52.06 does not apply to a small second dwelling. |
| RO | Restructure Overlay | Permit required | 45.05-2 | Permit required to construct or extend a dwelling or other building; reticulated sewer required if available. |
| AEO | Airport Environs Overlay | Conditionally exempt | 45.02-1, 45.02-2 | No buildings-and-works trigger, but any new building must meet AS 2021-2015 noise attenuation and the schedule requirements. |
| MAEO | Melbourne Airport Environs Overlay | Conditionally exempt | 45.08-1 | Any requirement in the schedule must be met. |
| SCO | Specific Controls Overlay | Permit required | 45.12-1 | Governed entirely by the incorporated document. |
Siting — Building Regulations 2018 and Clause 54
| Rule | Requirement | Instrument |
|---|---|---|
| Behind the front wall | The small second dwelling is set back behind the front wall of the existing dwelling facing the front street; porches, verandahs, pergolas, eaves, gutters, screens and decks over 800 mm must not encroach. | Building Regulations 2018 reg 74A; planning Clause 54.02-8 Standard A2-8 (VC282) |
| Side and rear setback | 1 m for walls up to 3.6 m high; plus 0.3 m for every metre of height over 3.6 m up to 6.9 m; 2 m plus 1 m per metre over 6.9 m. | Building Regulations 2018 reg 79, Table 79; Clause 54 Standard A2-3 |
| Walls on boundaries | Within 200 mm of a side or rear boundary: length no more than the abutting wall or 10 m plus 25 % of the remaining boundary; average height 3.2 m, maximum 3.6 m. | Building Regulations 2018 reg 80 |
| Site coverage | Buildings must not occupy more than 60 % of the allotment (zone schedule may vary) — applies to the two buildings together (reg 76(5)). Where a planning permit is needed, Clause 54 Table A2-5 applies 60 % NRZ/TZ, 65 % GRZ, 70 % RGZ/MUZ/HCTZ. | Building Regulations 2018 reg 76; Clause 54.03-2 Table A2-5 |
| Permeability | At least 20 % of the allotment must have a permeable surface. | Building Regulations 2018 reg 77 |
| Garden area | 25 % (400–500 m²), 30 % (500–650 m²), 35 % (over 650 m²) where the zone requires it (GRZ/NRZ). | Building Regulations 2018 reg 76A |
| Building height | Zone/schedule height, else 10 m on a slope of 2.5° or more and 9 m otherwise; GRZ max 11 m / 3 storeys. | Building Regulations 2018 reg 75; Clause 32.08-11 |
| Private open space | The existing dwelling keeps at least 25 m² with a 3 m minimum dimension; the small second dwelling gets at least 8 m² with a 1.6 m minimum dimension and access from a habitable room other than a bedroom. | Building Regulations 2018 reg 86(2)(b), reg 86A |
| Access path | A clear unobstructed path from the front street at least 1 m wide (1.8 m if longer than 30 m), 2 m clear height, gradient no steeper than 1:14, cross-fall 1:40, sealed or all-weather. | Building Regulations 2018 reg 86B; Clause 54 Standard A3-5 |
| Car parking | None required for a small second dwelling. | Building Regulations 2018 reg 78(7); Clause 52.06-1 |
| Fire separation | An external wall within 1.8 m of another building on the same allotment (or 900 mm of a side/rear boundary) must achieve FRL 60/60/60 or be 90 mm masonry. | NCC 2022 Vol 2 H3D3; Housing Provisions 9.2.1, 9.2.3 |
| Easements and water assets | No structure over an easement in favour of a water authority, or within 1 m laterally of any other authority's works (5 m for Melbourne Water), without the authority's consent — whether or not an easement is registered. | Water Act 1989 s 148(1); Building Regulations 2018 reg 130 |
| Stormwater | The council's report on the legal point of discharge must be obtained before the building permit. | Building Regulations 2018 reg 133 |
| Septic | A septic tank installation or alteration needs council report and consent unless an EPA permit exists. | Building Regulations 2018 reg 132 |
| Report and consent | Each siting regulation carries its own council report-and-consent power; council must apply Minister's Guideline MG-12 and give the adjoining owner an opportunity to comment. | Building Act 1993 s 188A and Schedule 2 clause 4A; Gazette S677 (MG-12) |
Where a planning permit is required (lot under 300 m², or an overlay), Clause 54 applies the parallel standards: A2-8 behind the front wall, A2-3 setbacks, Table A2-5 site coverage (60 % NRZ/TZ, 65 % GRZ, 70 % RGZ/MUZ/HCTZ), A3-5 access path. An application meeting the listed standards is exempt from notice and review (32.08-13) and is VicSmart.
Tenancy — Residential Tenancies Act 1997
- "Separately metered" (s 3)
- Section 3: "separately metered" means there is, in respect of rented premises, a meter (a) that has been installed or approved by the relevant supplier of the utility and (b) that measures, in relation to those premises only, the quantity of a substance or service supplied to or used at those premises.
- Renter pays (s 52)
- Section 52: where the premises are separately metered — all charges for the supply or use of electricity, gas or oil (except installation and initial connection), the cost of water supplied where based on the amount supplied (or that part of a charge that is), and sewage disposal charges imposed by a water corporation under the Water Act 1989.
- Rental provider pays (s 53)
- Section 53(1): installation and initial connection of any service; all rates, taxes and charges under any Act; electricity, gas or oil at premises that are NOT separately metered; water supply charges not based on the amount supplied; all water charges (supply, usage and sewage disposal) at premises that are not separately metered; sewerage and drainage services.
- Water efficiency
- Victoria has no water-efficiency precondition for charging a renter for water (that is a NSW/QLD rule); the only WELS hooks are the minimum standard of a 3-star shower head (Regulations 2021 Schedule 4) and reg 24 (replacement fixtures must be 3-star or the provider pays the water cost).
- Private sub-meter
- A landlord's own check meter is not a meter "installed or approved by the relevant supplier", so it does not make a small second dwelling "separately metered" for the Act; the clean route is a distributor-issued second NMI and a water-corporation meter.
- On-selling / embedded network
- ESC General Exemption Order 2022 (from 1 Jan 2023): selling metered electricity to fewer than 10 residential customers on a site you own needs no registration (deemed exemption VD2) but the price may not exceed the Victorian Default Offer, the meter must be an approved (pattern-approved) meter, and EWOV membership applies.
- Rooming house
- Section 3: a rooming house is a building in which one or more rooms are available for rent and the total number of people who may occupy those rooms is not less than 4. The test is per building; a small second dwelling is a separate Class 1a building, so a house let to one household plus a separately let unit is not a rooming house.
Electricity distributors — second NMI
| Distributor | Area | Process | URL |
|---|---|---|---|
| AusNet Services | Eastern metro + north-east and eastern Victoria | EnergyConnect — your Registered Electrical Contractor lodges the application; AusNet aims to connect the meter within 15 days of submission. | www.ausnetservices.com.au |
| CitiPower | Inner Melbourne / CBD | eConnect — RECs and licensed electrical workers submit new connections with the Certificate of Electrical Safety attached; customers can only submit abolishments and solar pre-approvals. | www.powercor.com.au |
| Powercor | Western Melbourne + western Victoria | eConnect — same portal and rules as CitiPower. | www.powercor.com.au |
| Jemena | North-western Melbourne | Electricity Distribution Portal via the retailer — Electrical Works Request + Certificate of Electrical Safety per premise; for multiple premises also a group-metering-panel CES and the council-approved street number allocation for each dwelling; truck appointment. | www.jemena.com.au |
| United Energy | South-eastern Melbourne + Mornington Peninsula | myEnergy — applications by customers, RECs (Electrical Work Request + prescribed CES) or retailers; connection charges appear on the electricity bill. | www.unitedenergy.com.au |
Councils allocate the unit's street address under AS/NZS 4819:2011 (e.g. "20A"); Jemena requires the council allocation document for multiple premises. The Electricity Distribution Code of Practice v3 (1 Jan 2026) requires a basic connection within 10 business days of the application in the standard case.
Water corporations — second-dwelling metering and New Customer Contributions
| Corporation | Area | Policy | Fees | URL |
|---|---|---|---|---|
| Yarra Valley Water | Northern and eastern Melbourne | New Customer Contribution applies to any connection that is separately titled or is, or can be, individually metered; YVW requires both dwellings to be serviced by individual main water meters and does not offer a main-meter-plus-check-meter arrangement. "Apply for separate metering" form (owners agreement required). | NCC 2025-26 $1,018.89 each for water, sewer and recycled water; 2026-27 $1,113.63 each. | www.yvw.com.au |
| South East Water | South-eastern Melbourne, Casey, Cardinia, Mornington Peninsula | NCC for any new property that is separately titled or is, or can be, individually metered; applications via PropertyConnect; a dual occupancy on one meter can apply for check meters at the owner's cost. | NCC per lot 2026-27: water $1,112.49; sewer $1,112.49 (other areas) / $1,306.81 (Casey) / $2,285.23 (Cardinia); recycled water $2,951.64 (Casey) / $3,551.01 (Cardinia). | southeastwater.com.au |
| Greater Western Water | Western and north-western Melbourne | Metering and Servicing Guidelines v8.4 §11.7 (dependent persons unit / granny flat): where the development is a "dwelling" under the Planning and Environment Act or the applicant requests separate meters, New Customer Contributions apply; individual sub/check metering is optional; three servicing options (separate tappings, upsized 25 mm service with sub-meters, or retain the existing service); NCC deferrable via a DPU declaration. | NCC applies when separately metered — amount per the current GWW schedule. | www.gww.com.au |
| Barwon Water | Geelong and the Surf Coast | "Application for Water and Sewer Connection"; NCC framework 2023-28. | Amounts not verified this round. | www.barwonwater.vic.gov.au |
| Central Highlands Water | Ballarat | Plumbing consent via My Services; your plumber installs a water meter on site before connection; multiple dwellings need a Notice of Agreement (Non-Works). | Amounts not verified this round. | www.chw.net.au |
| Coliban Water | Bendigo | Separate water meters installed by a Coliban Water contractor are required for each individual occupancy; "Connect a Property" application. | NCC water and sewer 2025-26 $3,512.51 standard / $2,032.70 small-lot infill. | coliban.com.au |
Rates, land tax and levies
| Item | Rule | URL |
|---|---|---|
| Land tax | Land Tax Act 2005 s 62A: if principal-place-of-residence land contains a separate residence used to derive income from accommodation in the preceding year, land tax is assessable on the part of the land containing that residence (partial PPR exemption, SRO worked example from the 2026 tax year). | www.sro.vic.gov.au |
| Short stay levy | Short Stay Levy Act 2024: 7.5 % of the total booking fee on stays under 28 consecutive days from 1 January 2025; a granny flat on the same land as the owner's home is levied if it can be occupied separately (the platform pays where booked via a platform). | www.sro.vic.gov.au |
| Vacant residential land tax | Statewide from 2025: land not lived in for 6 months of the previous year by the owner, a permitted occupant, or under a genuine lease or short-term letting; 1 % / 2 % / 3 % of capital improved value by year liable. Treatment of an empty unit on occupied PPR land not stated by the SRO. | www.sro.vic.gov.au |
| Council rates | Councils must separately rate each part of a property capable of separate occupancy (Valuation of Land Act 1960) — a separately let small second dwelling can become a second rateable assessment; practice varies by council. | www.mornpen.vic.gov.au |
Currency and pending changes
- VC282 (8 Sep 2025) inserted Clause 54 and the 300 m² construction trigger; VC292 (11 Sep 2025) added the NCO to the Clause 54 application list; VC288 (16 Oct 2025) restated the subdivision prohibition; VC277 (18 Dec 2025) restated the parking exemption; VC248 (5 May 2026) rewrote the BMO with the SSD exemptions; VC307 (20 Apr 2026) restated the DDO exemption; VC309 (11 May 2026) concerns rural industry, not SSDs.
- Clause 52.04 (dependent person's units) ceases to have effect after 28 March 2027 (VC304, 23 Mar 2026).
- Building Regulations 2018 version 031 (1 Sep 2026) is the version read; the SSD-specific regulations (5, 19A, 72, 73(5), 74A, 76(5), 78(7), 86(2)(b), 86A, 86B) date from the Building Amendment (Small Second Dwellings) Regulations 2023.
- Water corporation NCC amounts change on 1 July each year; the 2026-27 figures are those published on the corporations' pages on 12 Sep 2026.
- Not verified this round: Barwon Water and Central Highlands Water NCC amounts; CitiPower/Powercor connection fee schedules; VBA Practice Note SI 03 and Fact Sheet PES-1 contents (pages blocked automated access).
Glossary
- Small second dwelling (SSD)
- 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) a kitchen sink; b) food preparation facilities; c) a bath or shower; and d) a toilet and wash basin. (Clause 73.03). In the Building Regulations: a self-contained Class 1a building ≤ 60 m² on the same allotment as an existing single Class 1 building (reg 5).
- Gross floor area (GFA)
- Measured from the outside of external walls or the centre of party walls; includes all roofed areas (council guidance, Cardinia/Latrobe).
- Section 1 / 2 / 3 use
- In a zone's table of uses: Section 1 = no permit required (subject to conditions); Section 2 = permit required; Section 3 = prohibited.
- VicSmart
- The fast-track planning assessment stream (10 business days) for listed application classes, including a small second dwelling under 300 m² that meets the Clause 54 standards.
- Report and consent
- A council dispensation from a Building Regulations siting rule, decided under Minister's Guideline MG-12 after the adjoining owner is heard (Building Act s 188A, Sch 2 cl 4A).
- Separately metered
- Section 3: "separately metered" means there is, in respect of rented premises, a meter (a) that has been installed or approved by the relevant supplier of the utility and (b) that measures, in relation to those premises only, the quantity of a substance or service supplied to or used at those premises.
- NMI
- National Metering Identifier — the unique identifier of an electricity connection point, created by the distributor on a new connection.
- New Customer Contribution (NCC)
- The one-off charge a Victorian water corporation levies when a connection adds a customer that is, or can be, individually metered.
- Dependent person's unit (DPU)
- A movable building on the same lot as an existing dwelling used to provide accommodation for a person dependent on a resident of the existing dwelling (transitional Clause 52.04, sunset 28 March 2027).
- Build-over-easement consent
- A water authority's discretionary consent under Water Act s 148 to build over its easement or within 1 m (5 m Melbourne Water) of its works.
Source register
- Victoria Planning Provisions — ordinance — Clauses 73.03, 32.03–32.10, 34.01, 35.03–35.08, 37.07, 42.01–45.12, 52.04, 52.06, 52.23, 54, 62.02 (state-standard text, identical in every scheme) (accessed 2026-09-12)
- Victoria Government Gazette S677 (14 Dec 2023) — VC253; Minister's Guideline MG-12 (accessed 2026-09-12)
- Victoria Government Gazette S414 (11 Aug 2025) — VC282, operative 8 Sep 2025 (accessed 2026-09-12)
- Building Regulations 2018 (Vic) version 031 (1 Sep 2026) — regs 5, 19A, 72–89, 130, 132, 133 (accessed 2026-09-12)
- Building Act 1993 (Vic) version 151 — s 39 occupancy; s 188A and Sch 2 cl 4A report and consent (accessed 2026-09-12)
- NCC 2022 Volume Two H3D3; Housing Provisions 9.2.1, 9.2.3 (accessed 2026-09-12)
- Water Act 1989 (Vic) version 147 — s 148 (accessed 2026-09-12)
- Residential Tenancies Act 1997 (Vic) version 114 — ss 3, 52, 53, 54 (accessed 2026-09-12)
- Residential Tenancies Regulations 2021 (Vic) — regs 22–24, Schedule 4 (accessed 2026-09-12)
- Essential Services Commission — General Exemption Order 2022 guidance; Victorian Default Offer; Electricity Distribution Code of Practice v3 (accessed 2026-09-12)
- Land Tax Act 2005 (Vic) version 086 — s 62A; SRO PPR, short stay levy and VRLT pages (accessed 2026-09-12)
- Yarra Valley Water; South East Water; Greater Western Water; Coliban Water; Central Highlands Water — connection and pricing pages — NCC amounts as published for 2025-26 / 2026-27 (accessed 2026-09-12)
- AusNet Services; CitiPower / Powercor; Jemena; United Energy — connection pages (accessed 2026-09-12)
- Cardinia Shire (Oct 2025), Latrobe City (Feb 2026), Greater Dandenong, Wyndham — small second dwelling pages — Council practice statements (accessed 2026-09-12)
Changelog
- 2026-09-12First published. Clause text read from the VPP clause generator; Building Regulations v031; RTA v114; utility pages as listed.
General information compiled from public primary sources on the dates shown. Not legal, planning, building, tax or financial advice. Council schedules vary the state-standard provisions; verify the current schedule for your lot. E2ES — Optima Real Estate Pty Ltd.
Cite as: E2ES (2026). Victorian small second dwelling rules — reference spec sheet, version 2026-09-12. https://e2es.com.au/reference/small-second-dwelling-rules-victoria (dataset: https://e2es.com.au/data/granny-flat-rules-au.json).