Small second dwelling rules
in Victoria.
Victoria removed the planning permit for many small second dwellings in 2023 — which is not the same as removing every approval.
The short answer
Since a 2023 reform, a small second dwelling of a set maximum floor area on a sufficiently large lot generally does not need a planning permit in Victoria, provided the land has no flood, bushfire, heritage or environmental overlay that would otherwise trigger one. A building permit is still required regardless — the planning exemption removes one approval step, not the whole process.
What the planning exemption actually covers
A small second dwelling under the current exemption generally needs a kitchen, bathroom and toilet, and cannot be connected to reticulated gas or require a dedicated car space — the exemption was written around a defined, modest dwelling type, not any secondary structure someone chooses to call a granny flat.
Where the exemption does not apply
Land affected by a flood, bushfire, environmental or heritage overlay is commonly excluded from the no-permit pathway, sending the proposal back to a standard planning permit application through your council instead. Confirm your property's overlays before assuming the exemption applies.
A building permit is still required, always
Planning approval and building approval are separate steps. Even a fully exempt small second dwelling still needs a building permit to confirm it meets siting, structural, safety and amenity standards — this step is never skipped.
It cannot be subdivided or sold separately
A small second dwelling remains on the one title as the main house. It can generally be let to anyone, including someone outside the family, but it is not a separate, sellable lot.
Last checked: 21 September 2026. General information, not planning or legal advice. Confirm current requirements on Planning Victoria or with your council before you commit to a design.
Council rules for second dwellings
More in this series: Granny flat rules across Queensland · Granny flat rules in Rockhampton · Class 1a granny flats in Yeppoon · Isaac Regional: secondary dwellings · Mackay Regional: secondary dwellings · Whitsunday Regional: secondary dwellings · Renting out a granny flat in Rockhampton · Granny flat rules in NSW · Ancillary dwelling rules in WA · Granny flat rules in SA · Secondary residence rules in Tasmania · Secondary residence rules in the ACT · Granny flat rules in the NT.
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Common questions
If your question is not here, call the studio. We would rather talk it through than have you guess.
Ask us directly →Do I need a planning permit for a granny flat in Victoria?
Often not, if it meets the current small second dwelling exemption criteria and your land has no flood, bushfire, heritage or other relevant overlay. A building permit is still required regardless.
How big can a small second dwelling be in Victoria without a permit?
There is a defined maximum floor area under the current exemption — confirm the exact current figure on the Planning Victoria website, since planning settings can be updated.
Can I rent out a small second dwelling in Victoria?
Generally yes, to anyone, under current rules — but it cannot be subdivided or sold separately from the main dwelling.
Does a small second dwelling in Victoria need a car space?
Under the current exemption, generally no dedicated car parking space is required — confirm against the specific criteria for your property.
Is a building permit still needed if no planning permit is required?
Yes, always. The planning exemption removes one approval step; a building permit assessing siting, safety and construction standards is still required for any second dwelling.
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