Small second dwellings in Victoria —
the 80 m² rule (VC306) and how to use it.

Usually not. Under the small second dwelling rules — introduced by Amendment VC253 (14 December 2023) and enlarged by Amendment VC306 (15 October 2026) — a self-contained second home of up to 80 m² total floor area needs no planning permit in the Residential Growth, General Residential and Neighbourhood Residential zones if your lot is 300 m² or more, there is no more than one existing dwelling, it is the only small second dwelling on the lot, it is fully self-contained, and it is not connected to reticulated natural gas. Overlays (bushfire, flood, some environmental) and title covenants or Section 173 agreements can still require a permit — always check the specific lot. A building permit is always required, and because the Building Regulations still define a small second dwelling as 60 m² or less, the building surveyor confirms the building pathway for any design over 60 m².

Amendment VC306 came into operation on 15 October 2026 across the Victoria Planning Provisions and every planning scheme. It changed the Clause 73.03 definition of a small second dwelling from 60 m² gross floor area (the VC253 limit since 14 December 2023) to a total floor area not exceeding 80 m², clarified how that area is measured, and deleted Clause 54.03-5, the planning safety-and-accessibility standard for small second dwellings. It did not change the zone conditions or the rule that a lot of less than 300 m² needs a planning permit. The Building Regulations 2018 (version 031, current on 20 October 2026) still define a small second dwelling as 60 m² gross floor area or less, and Planning Victoria says matching building amendments are to follow — so a building permit is always required and the building surveyor confirms the building pathway for any design over 60 m².

Under Clause 73.03 as amended by Amendment VC306 (from 15 October 2026), total floor area includes every floor used as the self-contained residence, measured from the outside surface of the external walls or from the centre of a shared (party) wall. It excludes attached or abutting unroofed structures — patios, pergolas, porches and terraces — and attached or abutting roofed structures such as decks and verandahs, so their area does not count toward the 80 m² planning limit. That is the planning measurement only: the Building Regulations 2018 (version 031) still define a small second dwelling as 60 m² gross floor area or less, so the building surveyor confirms the building pathway for any design over 60 m².

On an eligible lot, yes under the planning rules: since Amendment VC306 (15 October 2026), a small second dwelling of up to 80 m² total floor area needs no planning permit in the main residential zones when the lot is 300 m² or more, there is no more than one existing dwelling, it is the only small second dwelling on the lot, and it is not connected to reticulated natural gas. That is not the whole approval. A building permit is always required, and the Building Regulations 2018 in force on 20 October 2026 (version 031) still define a small second dwelling as no more than 60 m² gross floor area — so for a design between 60 m² and 80 m² the building surveyor must confirm the building pathway before you commit. An overlay (such as bushfire or flood), another zone condition, or a covenant or Section 173 agreement on title can still require a planning permit or stop the build.

The planning requirement has gone, but the building one has not (as at 20 October 2026). Amendment VC306 deleted Clause 54.03-5 — the planning safety-and-accessibility standard for small second dwellings — on 15 October 2026. The building access-path rule is separate: under the Building Regulations 2018 version 031, regulation 86B still requires an access path from the front street to a small second dwelling. Planning Victoria says building amendments are to follow, so check the current requirement with your building surveyor before finalising the site layout.

Under Clause 73.03 as amended by Amendment VC306 (from 15 October 2026): a building, or part of a building, with a total floor area not exceeding 80 m², on the same lot as an existing dwelling, used as a self-contained residence. It must include a kitchen sink and food-preparation facilities, a bath or shower, and a toilet and wash basin. The term was created by Amendment VC253 on 14 December 2023, when the limit was 60 m² gross floor area. It is a Class 1a building under the National Construction Code — the same class as a house — and the Building Regulations 2018 (version 031) still define a small second dwelling as 60 m² or less, so the building surveyor confirms the building pathway for any design over 60 m².

The 300 m²-or-more condition applies to the main residential zones (Residential Growth, General Residential, Neighbourhood Residential); VC306 did not change it. VC253 also created permit-free pathways with their own conditions in the Low Density Residential, Mixed Use, Township, Rural Living, Farming, Rural Activity and Urban Growth zones. If your lot is less than 300 m² you can still build — you just need a planning permit, and it qualifies for the fast-tracked VicSmart pathway. Green Wedge and Rural Conservation zones always require a permit. A building permit is required in every case.

Yes, always. VC253 and VC306 removed the planning permit on eligible lots, not the building permit. The building permit covers structure, the AS 2870 slab, siting/setbacks under the Building Regulations, energy efficiency and safety. E2ES lodges through a private building surveyor and permits for our 34 m² and 60 m² designs have typically issued in 2–4 weeks — there is no neighbour advertising and no objection process on this pathway. For a design over 60 m², the building surveyor first confirms the building pathway, because the Building Regulations 2018 (version 031) still define a small second dwelling as 60 m² gross floor area or less.

Yes. Unlike the old dependent person’s unit, a small second dwelling has no occupancy restriction: family members, adult children or completely unrelated market-rent tenants can live in it. Victoria’s rooming-house threshold is four or more people able to occupy rooms available for rent (Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020). Cross that threshold and council registration plus a Consumer Affairs Victoria operator licence apply; we confirm in writing which rules your configuration triggers before contract.

In most cases yes, without a planning permit. VC253 added a specific exemption to the Heritage Overlay (clause 43.01): no permit is needed to build a small second dwelling if the building height does not exceed 5 metres and it is finished in muted tones and colours, subject to any site-specific schedule controls. Single-storey E2ES builds in standard Colorbond palettes satisfy both conditions on most heritage lots.

Then a planning permit is still required. A new small second dwelling in the Bushfire Management Overlay needs a permit with a bushfire management statement and BAL assessment (plus BAL-rated construction, which adds cost). In the Land Subject to Inundation, Floodway or Special Building overlays, a permit is also required and floor levels must typically sit above the declared flood level. E2ES flags any overlay in writing at the free site assessment before you commit.

No. The small second dwelling must remain on the same lot as the main house — it cannot be subdivided off or sold separately. This is a deliberate design of the reform. If separate titles are your goal, that is a conventional dual-occupancy project requiring a full planning permit. The same-title structure still adds a separately rentable dwelling to the property you already own.

VC253 deleted the DPU land-use term in December 2023 and replaced it with the small second dwelling. A transitional pathway at clause 52.04 (re-opened by VC259 and extended by VC266/VC304) currently runs until 28 March 2027 — but there is almost no reason to use it. DPUs restricted occupancy to a dependent person, usually had to be movable and could not be rented out; a small second dwelling has none of those restrictions.

The E2ES fixed programme is 4 weeks of paperwork followed by 3 months of construction. The agreed contract price does not increase during construction. The scope and programme start dates are agreed in writing before signing. Published Victorian prices, GST inclusive: 34 m² ($121,000), 60 m² ($170,500), 80 m² ($218,900), 80 m² Premium ($253,000) and 80 m² Premium + 20 m² Enclosed Garage ($275,000). The site assessment establishes the applicable permit pathway before contract — including, for a design over 60 m², the building surveyor’s confirmation of the building pathway, because the Building Regulations still define a small second dwelling as 60 m² or less; the relevant authority decides the approval.

Anyone. A small second dwelling has no occupancy restriction — family, adult children or completely unrelated market-rent tenants can all live in it (planning.vic.gov.au, small second homes guidance). That is the single biggest difference from the old dependent person’s unit (DPU), which was limited to a person dependent on the residents of the main house. The legacy DPU pathway survives only as a transitional route under clause 52.04, currently until 28 March 2027 — for a new build there is almost never a reason to use it.

Yes. Amendment VC253 wrote the small second dwelling exemption into the Rural Living, Farming and Rural Activity zones as well as the residential zones, each with zone-specific conditions (hwlebsworth.com.au, VC253 analysis). The core conditions are the same: a total floor area of 80 m² or less (Clause 73.03 since VC306, 15 October 2026), no more than one existing dwelling on the lot, fully self-contained, no reticulated gas. A building permit is always required, and for a design over 60 m² the building surveyor confirms the building pathway, because the Building Regulations still define a small second dwelling as 60 m² or less. What changes on acreage is the checking: an overlay such as the Bushfire Management Overlay or an Environmental Significance Overlay switches the lot to a planning-permit pathway — which we manage for you, with timing confirmed in writing after the site assessment — and lots without sewer need a council-permitted on-site wastewater system (Environment Protection Regulations 2021). Green Wedge and Rural Conservation zones always require a permit. We confirm your exact zone, overlays and wastewater position in writing at the free site assessment.

The pathway changes from no-planning-permit to a managed permit application — the project itself usually remains very buildable. A new small second dwelling in the BMO needs a planning permit supported by a bushfire management statement and a BAL (Bushfire Attack Level) assessment under clause 44.06 with clause 53.02 (planning.vic.gov.au). E2ES runs the whole process — permit, bushfire management statement, BAL assessment and the BAL-rated build spec — and confirms the timeline in writing after the site assessment.

No. In Victoria a rooming house is a building where one or more rooms are available to rent and four or more people in total can occupy those rooms (Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020 — see legalaid.vic.gov.au on rooming houses). Renting a two-bedroom small second dwelling to two occupants — on one lease or room by room — sits well inside that threshold, and that is the straightforward way to run two rental incomes from one build. Cross that four-person threshold and three separate obligations start at once: registration of the premises with your council as prescribed accommodation, a rooming house operator licence from Consumer Affairs Victoria under the Rooming House Operators Act 2016, and in most cases a change-of-use planning permit. They are legal requirements, not paperwork we can waive — we will tell you in writing before contract which of them your configuration triggers, and we manage the applications for the ones that apply.

All of them — on eligible lots. The small second dwelling exemption is a state provision written into every Victorian planning scheme on 14 December 2023 and amended state-wide by VC306 on 15 October 2026 (now up to 80 m² total floor area; a building permit is always required), so the conditions are identical in Casey, Wyndham, Boroondara, Nillumbik and every other municipality. What varies by council is the overlay and title profile of its housing stock: growth-area councils (Casey, Wyndham, Melton, Hume, Whittlesea) mostly turn on estate covenants; inner-east councils (Boroondara, Stonnington, Yarra) on Heritage Overlay schedules (usually still exempt at ≤ 5 m + muted tones); fringe councils (Nillumbik, Yarra Ranges, Mornington Peninsula) on the Bushfire Management Overlay, which restores the planning-permit requirement plus a BAL assessment. The check is always per-lot, and we put it in writing at the free site assessment.

There is no council planning decision to refuse. On an eligible lot the small second dwelling does not go through the planning-permit process at all — there is no application to council planners, no neighbour notification and no merit assessment. The approval that remains is the building permit, issued by a registered building surveyor against fixed technical standards. Council still runs its routine non-planning processes (plumbing consent, asset protection permits, report-and-consent for certain siting variations). The exceptions are exactly the ones in this guide: a permit-triggering overlay on the land (bushfire, flood, some environmental schedules) or a restrictive covenant or Section 173 agreement on title — those switch the project to a permit pathway rather than blocking it outright.

E2ES publishes fixed GST-inclusive prices for its Victorian homes: 34 m² ($121,000), 60 m² ($170,500), 80 m² ($218,900), 80 m² Premium ($253,000) and 80 m² Premium + 20 m² Enclosed Garage ($275,000). Each price is turnkey and includes the paperwork — the building permit through our private surveyor, energy report and engineering. For the 34 m² and 60 m² homes it also covers the AS 2870 slab, kitchen, bathroom, flooring, heat-pump hot water and reverse-cycle air conditioning; the detailed specification of each 80 m² home is confirmed in writing before signing. Whether a design meets the 80 m² small second dwelling definition on your lot, and its building pathway (the Building Regulations still define a small second dwelling as 60 m² or less), is confirmed at the site assessment. The price is all in — site preparation, trenching, connection to existing water, power, sewer and stormwater, the slab and site clean-up are included; variations only arise if you ask for customisation. The full line-item breakdown is on our granny flat cost page (e2es.com.au/granny-flat-cost).

A small second dwelling is limited to 80 m² total floor area under the planning definition (Amendment VC306, from 15 October 2026), stays subordinate to the main house on the same title, can never be subdivided or sold separately — and on eligible lots needs no planning permit, although a building permit is always required and, because the Building Regulations still define a small second dwelling as 60 m² or less, the building surveyor confirms the pathway for any design over 60 m². A dual occupancy is two dwellings on one lot as a use in its own right: no small-second-dwelling size cap and typically subdividable into separate titles, but it needs a full discretionary planning permit with neighbour notification and potential VCAT review. If your end-game is a separately titled dwelling to sell, dual occupancy is the pathway; if it is rental income and family housing on the title you already own, the small second dwelling is faster and cheaper to approve. We can scope both side by side at the free site assessment.

In Victoria, yes — "granny flat" is the everyday name and "small second dwelling" is the legal term the planning system has used since December 2023: a self-contained dwelling on the same lot as an existing house, now up to 80 m² total floor area under the planning definition (60 m² before Amendment VC306 on 15 October 2026; the Building Regulations still use 60 m², so a building surveyor confirms the pathway above that). NSW and Queensland planning schemes call the same thing a "secondary dwelling". The term to avoid mixing in is the old Victorian "dependent person’s unit" (DPU) — a legacy pathway with occupancy restrictions that VC253 replaced. Knowing the legal term matters mostly when you search your council’s planning scheme or talk to a surveyor: search "small second dwelling", not "granny flat".

Yes, substantially. NSW (Housing SEPP 2021): up to 60 m² on residential lots of 450 m² or more, approved by a private certifier on a statutory 20-day clock via a Complying Development Certificate — and rentable to anyone since 2009. Queensland: size caps are set council by council (Brisbane 80 m², Moreton Bay 45–55 m², Logan 70 m², Gold Coast 80 m²), and since 26 September 2022 a secondary dwelling can be rented to anyone state-wide. Victoria is the only state where the planning permit itself was removed on eligible lots: since Amendment VC306 (15 October 2026) a small second dwelling can be up to 80 m² total floor area under the planning definition, with no planning permit on eligible lots of 300 m² or more — a building permit is always required, and the Building Regulations still define it as 60 m² or less, so the building surveyor confirms the pathway above that. All three states share one rule: one secondary dwelling per lot, same title, no subdivision. Our dedicated guides: e2es.com.au/granny-flat-rules-nsw and e2es.com.au/granny-flat-rules-queensland.

Yes — a DCPO is a levy, not a prohibition. The Development Contributions Plan Overlay (clause 45.06) signals that a development contributions plan applies to the area, under which development may attract a payment toward local infrastructure; it is a funding mechanism, not a building control, so it does not remove the VC253 small second dwelling exemption and adds no design assessment. Whether a small second dwelling triggers a levy, and how much, is set by the individual contributions plan behind the schedule — confirm the DCPO schedule with your council before contract.

They decide different things, independently. The Heritage Overlay (clause 43.01) sets the approval pathway: the clause 43.01 exemption keeps a small second dwelling permit-free if it is no more than 5 metres high and finished in muted tones and colours, subject to the HO schedule; otherwise a planning permit assessed on heritage impact. The DCPO (clause 45.06) only raises a contributions-levy question — a possible cost item, never a design assessment or a bar. A Flemington lot carrying HO24 plus DCPO1 is a common example of exactly this pair: a single-storey rear unit in a muted palette can keep the exemption, and the levy is confirmed separately. Check both schedules for your council.

Not by itself — the honest answer is schedule-dependent. An ESO (clause 42.01), VPO (clause 42.02) or SLO (clause 42.03) may require a planning permit for a small second dwelling, or may not, depending entirely on what its schedule controls: ESO schedules commonly control buildings and works, SLO schedules often control height, siting and colours, and a VPO mainly bites on vegetation removal and siting rather than the building itself. Where a permit applies it is assessed against the schedule’s environmental or landscape objectives. Read the specific schedule number (for example ESO2) in your council’s planning scheme.

A planning permit is still required, with flood engineering built into the design. The Land Subject to Inundation Overlay (clause 44.04) maps riverine flooding and the Special Building Overlay (clause 44.05) maps urban overland stormwater flow paths — an SBO is common on lots nowhere near a river. Under both, the floor level will typically need to sit above the declared flood level, with the catchment or drainage authority (for example Melbourne Water) as a referral authority; a raised floor and drainage design become part of the build specification. The Floodway Overlay (clause 44.03) is the most restrictive category and is assessed case by case. Check the flood level your council or catchment authority applies to your address.

Not automatically. VC253 amended both the DDO (clause 43.02) and the NCO (clause 43.05) with conditional exemptions for small second dwellings, so neither is an automatic permit trigger any more. The exemption operates subject to the schedule: DDO schedules set built-form requirements such as height limits or setbacks and vary enormously between councils, and NCO schedules set character objectives. A single-storey unit behind the main house clears many of them, but that is confirmed per lot after reading the schedule — check the DDO or NCO schedule for your council.

Get advice before building anything. A Public Acquisition Overlay (clause 45.01) marks land — part or all of the lot — that a public authority has earmarked for future acquisition, such as a road widening, a rail corridor or a drainage reserve, and it carries permit controls on new buildings involving the acquiring authority. New buildings on reserved land are tightly constrained, so building a permanent dwelling on land flagged for acquisition needs careful advice first. Check the PAO schedule for the acquiring authority and the mapped extent of the reservation on your lot.

No on both counts. Easements are recorded on your certificate of title and plan of subdivision, not in the planning scheme, so they never appear on VicPlan or in an automated address check. You generally cannot construct a building over an easement without the consent of the authority whose assets it protects (the water corporation for sewer and water, council for stormwater); in most cases we see, the cleaner answer is to re-site the dwelling clear of the easement strip, which is why the title is read at the free site assessment. A lot that is fully exempt under VC253 can still have its siting decided by an easement.

The most demanding one sets the pathway, because each overlay is tested independently and passing one never waives another. An NCO (conditionally exempt) plus a BMO (permit required) puts the lot on the planning-permit pathway; a Heritage Overlay plus a DCPO means a heritage pathway under the HO schedule plus a separate levy question; a DCPO plus an SBO has a levy question and a flood-design question, resolved separately. Check every schedule that applies to your lot in your council’s planning scheme.

Search your address on VicPlan at planning.vic.gov.au and download the free Planning Property Report — it lists the zone and every overlay on the lot with its schedule number, which is what identifies the text that applies. Our free address check at e2es.com.au/can-i-build-a-granny-flat reads the same Vicmap Planning dataset and lists every overlay mapped at the address with what it does to the VC253 pathway. Neither source shows easements, covenants or Section 173 agreements, which sit on the title; what the schedule text means for your specific build is confirmed in writing at the free site assessment.