Small second dwellings

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

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 requirements of Clause 35.07-2
• Must be located more than one kilometre from the nearest boundary of land subject to:
  • A permit for 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.

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

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.

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.

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 you 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 Onsite Wastewater Management Systems 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 the Build over an easement section of Council's website

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