What counts as a small second dwelling
The planning department defines it as a building on the same lot as an existing dwelling, no more than 60 square metres in gross floor area, used as a self-contained residence. It must include a kitchen sink and food preparation facilities, a bath or shower, a toilet and a wash basin.
Two more conditions shape the design. A small second home cannot have a connection to reticulated natural gas, and it does not require a car parking space. It also has to meet the siting, design and amenity requirements in the relevant planning scheme, and any other requirement the scheme sets.
Planning permit or not
The department says that on most properties in residential and rural zones, a small second home can go up without a planning permit, and that a building permit is always required. The exceptions sit in the detail:
| Situation | What the department says |
|---|---|
| Flooding, environmental or other special planning controls | The no-permit rule covers most cases where none of these apply |
| A lot under 300 square metres in a residential zone (except a Low Density Residential Zone) | Building one there needs a planning permit, and the clause 54 residential development provisions form part of its assessment |
| A lot over 300 square metres in a residential zone | Clause 54 does not normally apply; the residential development provisions are assessed as part of the building permit application |
The department also asks people to check the relevant planning scheme and building regulations for updates to the requirements.
Who may live there
Anyone, in the department’s words: a family member, a dependent person or unrelated people, as an occupant or a tenant. The residential tenancy requirements for a home apply to a small second home too, including room sizes, facilities and smoke alarms, and the department points to Consumer Affairs Victoria for the rental side.
How the rules arrived
The change came through amendments to the Victoria planning provisions and every planning scheme, and to the building regulations.
- 14 December 2023Amendment VC253 changed the Victoria planning provisions and every planning scheme, while the Building Amendment (Small Second Dwellings) Regulations 2023 changed the Building Regulations 2018, to line up the two approvals. VC253 also removed the land use term “dependent person’s unit”.
- 2024Amendment VC259 allowed new applications for dependent person’s units to be made for 12 months, under transitional provisions at clause 52.04 that originally expired on 28 March 2025.
- ThenAmendment VC266 extended them.
- 8 September 2025Changes to clause 54 came into operation, after Amendment VC282 was gazetted in August 2025. The department says the building regulations and Minister’s guidelines will be updated to match the new standards for lots under 300 square metres.
- Most recentlyAmendment VC304 extended the dependent person’s unit provisions again, to expire on 28 March 2027.
The dependent person’s unit, side by side
Before VC253, the planning provisions also had a dependent person’s unit. The two are not the same thing.
| Small second dwelling | Dependent person’s unit | |
|---|---|---|
| The building | 60 square metres or less, self-contained, with the kitchen and bathroom fittings listed above | A movable building |
| Who it is for | Anyone, including tenants | A person dependent on a resident of the existing dwelling |
| Also must meet | The siting, design and amenity requirements in the planning scheme, and any other requirement it sets | Any other requirement set out in the planning scheme |
The department says existing, lawful dependent person’s units will remain lawful, and that the transitional arrangements at clause 52.04 cover some applications still unfinished when the clause expires on 28 March 2027. An existing dependent person’s unit does not need to meet the small second dwelling requirements unless it is being used as one. The department says it may be possible to convert one into a small second dwelling if it meets all the requirements, and to have both on the same lot, depending on the planning scheme; in both cases it suggests checking with the council.
Where the detail lives
For siting, the department points to the BPC practice notes and Minister’s Guideline MG-12, and for garden areas to Planning Practice Note 84. BPC is the Building and Plumbing Commission. The department’s small second homes page links each of them, along with an applicant’s guide.
Renting one out brings in tenancy law and income tax; see renting out a granny flat.