Victoria’s New Granny Flat (Small Second Home) Rules
A 2025 Guide by Cooee Architecture
What’s changed?
Victoria has made it much easier to build a small second home (often called a granny flat or secondary dwelling) on the same lot as your existing home. In most cases, if the dwelling is 60 m² or less, no planning permit is required. You’ll still need a building permit. Small second homes cannot be subdivided or sold separately, but they can be rented to anyone.
Quick facts
Up to 60 m² gross floor area (GFA)
On the same lot as an existing dwelling
Planning permit: not required in most cases
Building permit: always required
Occupancy: anyone — family, tenants, carers
Car parking: not required
Gas: no connection to reticulated natural gas
Subdivision: not allowed
What is a “small second home” in Victoria?
A self-contained dwelling up to 60 m² with its own kitchen, bathroom and toilet, located on the same lot as an existing home. Common names include granny flat, secondary dwelling, or accessory dwelling unit (ADU).
Permits & approvals
Before starting, it’s important to understand what the three main types of approvals mean:
Planning permit: A decision from council that checks whether your proposal is consistent with the local planning scheme (zoning, overlays, heritage, bushfire, flood, etc.). For many small second homes under 60 m² in residential and rural zones, this is no longer required unless an overlay applies.
Building permit: A formal approval from a registered building surveyor that checks whether your proposed design and construction complies with the National Construction Code of Australia (NCC) and the Victorian Building Regulations. This permit is always required.
Report and Consent: If your design does not meet standard siting or building regulation requirements (such as setbacks, overlooking, or height), you may need “consent” from relevant authorities (e.g. council, CFA, water authority) before your building permit can be issued.
Services: Connect to water, sewer (or approved wastewater system), electricity, stormwater — no gas allowed.
Renting & occupancy
Anyone can live in the unit — family or unrelated tenants.
Leasing: permitted under standard rental laws.
Short-stay accommodation: subject to local planning rules and body corporate restrictions.
Design & siting essentials
Your surveyor/council will check:
Size: ≤ 60 m² GFA.
Setbacks & site coverage: meet standards and protect solar access.
Privacy & overshadowing: manage overlooking and shading impacts.
Open space: provide private outdoor amenity.
Energy efficiency: as of October 2023, new dwellings must achieve 7-star NatHERS energy efficiency plus new Whole-of-Home energy requirements.
Livable Housing Requirements: under the National Construction Code 2022 (NCC 2022), new Class 1a dwellings (which include small second homes) must also meet the Livable Housing Design Standard. This includes features such as a step-free (flush) entry, wider doorways and corridors, an accessible (ambulent) toilet, and reinforced bathroom walls to allow for grabrails if needed. These apply to granny flats as well.
Resilience: bushfire or flood overlays may trigger extra measures.
Minimum lot size or zoning?
There is no minimum lot size in Victoria to build a small second home, but your site must already contain a main dwelling. The main constraints are your land’s zone and any overlays (such as bushfire, heritage, or flooding). These may trigger additional design rules or a planning permit.
How to check zoning and overlays on your block
You can look up your property details using the Victorian Government’s Planning Maps Online tool or through your local council’s planning maps. These will show your land’s zone (e.g. General Residential Zone, Farming Zone) and any overlays (e.g. Bushfire Management, Heritage, Floodway). Overlays can affect whether a planning permit is required, even for a small second home.
If you’re unsure how to interpret the results, a town planner, building surveyor, or your council’s planning department can guide you.
Granny flats vs. tiny homes
It’s important to understand the difference:
A granny flat (small second home) must be built on a foundation, approved under the building permit system, and comply with the National Construction Code, including 7-star energy efficiency and Livable Housing requirements.
A tiny house on wheels is often installed using the “transportable” or caravan loophole. If it sits on a trailer, it may be regulated under caravan rules instead of building codes. This can be risky because many transportable dwellings do not meet basic requirements like insulation, ventilation, or vapour control. In cool climates, this often leads to problems such as condensation, mould, and poor indoor air quality.
If you want a permanent, healthy, and compliant home, a small second home under the granny flat rules is the safer pathway.
FAQ: Granny flats in Victoria
Do I need a planning permit?
Usually no, unless overlays apply.
Can I rent it out?
Yes, anyone can rent the dwelling.
Do I need a car park?
No, none required for the second home.
Can I connect to gas?
No, gas connections are not allowed.
Can I subdivide and sell separately?
No, subdivision is prohibited.
What about existing “dependent person’s units”?
They can often transition if they meet new rules. Transitional provisions run until March 2026.
Do I have to meet the new 7-star and Livable Housing standards?
Yes. All new Class 1a dwellings in Victoria, including small second homes, must comply with the latest National Construction Code energy efficiency provisions (7-star NatHERS and Whole-of-Home) and the Livable Housing Design Standard (flush entry, accessible toilet, reinforced walls, wider corridors, etc.).
How do I check if my block has overlays?
Use the Planning Maps Online tool or your local council’s planning maps. Enter your address to view your land’s zoning and overlays. If there are overlays (such as heritage or bushfire), you may need a planning permit. Always confirm with your council or a planning professional.
This guide is general in nature and not legal advice. Always confirm your site’s overlays and permit pathway before proceeding.
Cooee 60m² Livable Granny Flat - Floor Plan Design
The Cooee 60m² Granny Flat concept, is a secondary residence layout designed to comply with the new accessibility requirements listed above. Purchase the dimensioned plan and a license to use it, here.
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