Do I need a planning permit for a granny flat in Victoria? (2026 update)

Victoria changed the rules for granny flats in December 2023, removing the need for a planning permit for most small second homes up to 60m². On 15 October 2026, a further change (Amendment VC306) raised that limit to 80m². This guide explains what qualifies, when a permit is still required, and how to check your own block.

What counts as a “small second dwelling”?

The planning rules call a granny flat a small second dwelling. To qualify, it must be:

• On the same lot as an existing house, and the only small second dwelling on that lot.
• Self-contained, with its own kitchen, bathroom and toilet.
• No more than 80m² in floor area (60m² before 15 October 2026). Floor area is measured to the outside of the external walls, and unroofed decks, patios and pergolas generally aren’t counted.
• Not connected to reticulated (mains) gas. In practice, that means an all-electric home.

A small second dwelling can’t be subdivided or sold separately from the main house. It can be lived in by family or rented out.

When no planning permit is needed

In Melbourne’s main residential zones (General Residential, Neighbourhood Residential and Residential Growth), a small second dwelling usually doesn’t need a planning permit when:

• There is only one existing house on the lot.
• The lot is 300m² or larger.
• There are no planning overlays on the land that require a permit (see below).
• The design meets the siting standards in the building regulations, covering setbacks from boundaries, how much of the block is built on, private open space for both homes, and garden area that lets rain soak in.

No extra car parking is required for the granny flat.

When you will still need a planning permit

Removing the planning permit was designed for ordinary suburban blocks. You are likely to still need one if:

• Your land has a bushfire, flood or environmental overlay, such as the Bushfire Management Overlay, Land Subject to Inundation Overlay, Special Building Overlay, or an Environmental or Significant Landscape Overlay.
• Your lot is under 300m² in a residential zone.
• There is a covenant or Section 173 agreement on your title that restricts building.
• The design doesn’t meet the siting standards, for example because it’s too close to a boundary or covers too much of the block.

Heritage, design and neighbourhood character overlays don’t always require a permit for a small second dwelling, provided it’s single storey (no more than 5m high) and finished in muted colours. Your council can confirm the details for your property.

60m² or 80m²? What the October 2026 change means

The planning rules now allow small second dwellings up to 80m². However, at the time of writing, Victoria’s Building Regulations still define a small second dwelling as 60m² or less, and the government has said matching changes to the building rules will follow.

Until those changes are made, a granny flat up to 60m² has the most straightforward path. If you’re planning something between 60m² and 80m², check the building permit pathway with a registered building surveyor before you commit to a design.

You will always need a building permit

Even without a planning permit, every granny flat needs a building permit from a registered building surveyor before work starts, and an occupancy permit before anyone moves in. The building permit confirms the design meets the building regulations, including siting, structure, energy efficiency and accessibility.

How to check your own block

• Get a free planning property report from VicPlan. It shows your zone and any overlays.
• Check your title for covenants or Section 173 agreements. Title searches are available online for a small fee.
• Measure your lot. Your title plan or council rates notice will show the land area.
• Check what’s underground. Sewer mains and easements can limit where a granny flat can go.
• Ask your council if anything is unclear.

How we can help

Our optional feasibility service checks all of this for you, including zoning, overlays, title and covenants, sewer and easements, and a feature survey, before you commit to a design. If a planning permit is needed, we can design for it and manage the application. You’re welcome to use your own designer and surveyor instead.

Browse our starting designs, see how custom design works, or contact us to talk through your block.