Sustainable Living. Elevated Design.

On 14 December 2023, Amendment VC253 made changes to the Victoria Planning Provisions and all planning schemes, and the Building Amendment (Small Second Dwellings) Regulations 2023 made changes to the Building Regulations 2018 to coordinate the approval processes to build a small second home. This is a significant step forward in addressing the housing crisis in Australia. The introduction of new regulations, allowing for the construction of houses under 60 square meters on land exceeding 300 square meters without the need for a permit, brings a glimmer of hope to those seeking alternative housing solutions.

Victoria’s new regulations offer a ray of hope amidst this housing crisis by providing a viable solution for families facing housing challenges. The ability to construct smaller dwellings on existing properties without the need for a permit opens up a range of possibilities for homeowners. For families with older children, building a secondary dwelling on their property offers a practical solution to accommodate their changing needs. Whether it’s providing independent living space for university students or young adults saving for their own homes, these smaller dwellings offer flexibility and affordability.

Similarly, the option to construct additional dwellings on existing properties presents an attractive solution for families seeking to support elderly parents. With an ageing population and a growing demand for aged care services, many families are looking for alternative housing arrangements that allow them to care for their elderly loved ones while maintaining independence and privacy. The ability to build a smaller dwelling on the same property provides a practical and cost-effective solution, enabling families to provide care and support for ageing parents without compromising on their own living arrangements.

These new regulations offer an enticing opportunity for those exploring work-from-home options. As remote work becomes increasingly prevalent, many Australians are reevaluating their housing needs, seeking spaces that accommodate both living and working requirements. Building a smaller dwelling on their property provides homeowners with the flexibility to create dedicated workspaces away from the main residence, fostering productivity and work-life balance.

The option to construct smaller dwellings without the need for a permit serves as a boon for property investors. With rental demand remaining strong across Australia, particularly in urban centres, investing in smaller dwellings on existing properties can yield attractive returns. These secondary dwellings offer a more affordable rental option for tenants while providing investors with a steady income stream and potential capital appreciation over time.

The introduction of these new regulations aligns with broader efforts to promote sustainable and efficient land use. By encouraging the construction of smaller dwellings on existing properties, Victoria aims to maximize the use of available land resources while minimizing urban sprawl and environmental impact. This approach not only addresses the immediate housing needs of families but also contributes to long-term sustainability and resilience in the built environment.

Victoria’s new regulations allowing for the construction of smaller dwellings on larger properties without the need for a permit represent a significant step forward in addressing Australia’s housing crisis. These initiatives offer practical solutions for families seeking alternative housing options for older children, elderly parents, or work-from-home arrangements. Moreover, they present opportunities for property investors and contribute to sustainable land use practices. While challenges persist, the implementation of these regulations signals a positive development in the ongoing effort to address Australia’s housing challenges and create more inclusive and resilient communities.

According to the Victorian Government, “These new regulations have 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. Following the Victorian Government’s Housing Statement: The decade ahead 2024-2034, a small second home up to 60 square metres, also known as a granny flat, secondary dwelling or an accessory dwelling unit, no longer requires a planning permit in most cases where there are no flooding, environmental or other special planning controls. A small second home still requires a building permit, to meet siting, amenity, design and safety requirements – and cannot be subdivided or separately sold off from the main home.

Definition of a small second home:

  • A small second home is a dwelling that is 60 square metres or less with a kitchen, bathroom and toilet, located on the same lot as an existing home.
  • A small second home must not be connected to reticulated natural gas and does not require a car parking space.

Occupancy of small second homes:

  • Anyone can live in or rent-out a small second home, including a family member, dependent person or unrelated persons.
  • The residential tenancy requirements that apply to a home also apply to a small second home, including room sizes, facilities and smoke alarms. More information is available from Consumer Affairs Victoria.

Building a small second home: location and permits

  • A small second home can be built on most properties in residential and rural zones without a planning permit.
  • A building permit is always required.