Second Small Dwellings

Small Second Dwellings

Planning Scheme Amendment VC253 was approved by the Minister for Planning on 14 December 2023. The changes simplify and, in some cases exempt the requirements to obtain a Planning Permit to construct a 'Small Second Dwelling' on land where there is already a lawful dwelling.

What is a Small Second Dwelling

A Small Second Dwelling is as 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.

What is Gross Floor Area

Gross floor area is defined at Clause 73.01 in the Planning Scheme as the total floor area of a building, measured from the outside of the external walls or the centre of party walls, and includes all roofed areas.

Should I review my title?

Yes, you must ensure that you review your Copy of Title for any restrictions that would prohibit the construction of a Small Second Dwelling.

You can obtain a copy of title from LandData

Is a Planning Permit Required?

The planning requirements depend on the zoning and overlays applicable to your land. You can view the zoning and overlays to any property located within Victoria at Vic Plan

General Residential Zone Requirements

Second Small Dwellings must meet the following requirements to be a Section 1 Use - Permit not required

  • Must be no more than one dwelling existing on the lot
  • Must be the only small second dwelling on the lot.
  • Reticulated natural gas must not be supplied to the building, or part of a building, used for the small second dwelling.

Farming Zone Requirements

Second Small Dwellings must meet the following requirements to be a Section 1 Use - Permit not required:

  • Must be no more than one dwelling existing on the lot.
  • Must be the only small second dwelling on the lot.
  • Reticulated natural gas must not be supplied to the building, or part of a building, used for the small second dwelling.
  • Must meet the requirement of Clause 35.07-2
  • Must be located more than one kilometre from the nearest title boundary of land subject to:
    • A permit for a wind energy facility; or
    • An application for a permit for a wind energy facility; or
    • An incorporated document approving a wind energy facility; or
    • A proposed wind energy facility for which an action has been taken under section 8(1), 8(2), 8(3) or 8(4) of the Environment Effects Act 1978.
  • Must be located more than 500 metres from the nearest title boundary of land on which a work authority has been applied for or granted under the Mineral Resources (Sustainable Development) Act 1990.

Further information regarding construction of dwellings within the Farming Zone can be found here Dwellings in Farming Zone.

 

Do I need a Planning Permit if my land is covered by a Bushfire Management Overlay

A Planning Permit is required to construct a Small Second Dwelling within a Bushfire Management Overlay.

What if I have an existing Planning Permit that applies to my land

You can confirm if there are existing planning approvals on your property at Council's Planning Register. The Planning Register displays permit and application information lodged from 1 July 2013 to current.

If you believe there is a planning approval applicable to your property before this date or you are having difficulty locating permits on the register please contact our Para Planning Team on 03 5261 0800 or planningapps@surfcoast.vic.gov.au

What if I need to remove vegetation to construct my Small Second Dwelling

A planning permit may be required to remove vegetation, particularly if there is an Overlay such as an Environmental Significance Overlay or Significant Landscape Overlay.

Can I subdivide the land to create a separate title for a Small Second Dwelling?

No. A permit cannot be granted to subdivide the land as the Second Small Dwelling must always be on the same lot as an existing lawful dwelling.

Are any other permits/approvals required?

Building Permit

A building permit is always required for a Small Second Dwelling.

The Building Regulations set out the siting design, and access requirements for a Small Second Dwelling when a planning permit is not triggered.

You will need to consult with a Private Building Surveyor to issue a building permit before works can commence. Further information can be found on the Victorian Building Authority's website. There is also information in relation to appointing a building surveyor as well as a register of building practitioners to contact

Septic Tanks / Wastewater Management Systems

If your property is not connected to reticulated sewerage and your have an onsite wastewater management system (septic tank), you are required to apply for a permit to install or alter an existing onsite wastewater management system if you build a Second Small Dwelling with plumbing fixtures.

This must be reviewed by Council's Environmental Health Team. Please refer to the Septic and Wastewater page on Council's website.

Easements

Council does not allow habitable structures to be built over an easement, but may allow certain temporary, removable or lightweight structures.

An application to build over an easement can be submitted via Council's website. For information on building over easements refer to Building over Easements section of Council's website

You may need to locate the legal discharge point when applying for a building permit, please refer to Legal Point of Discharge section of Council's website.

Tiny Houses on Wheels Pilot

Surf Coast Shire Council currently has a pilot project in place for Tiny Houses on Wheels which will run until December 2026.

Information on the project can be found at the Tiny Houses on Wheels Pilot Page

 

Related Information

Planning and building permits | VBA Website

Small Second Homes | Victorian Building Authority

Small Second Homes | Planning Victoria Website

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