Project GuidesGranny Flat Rules VIC 2026 — Planning Permit Guide for Victoria
Victoria granny flat approval guide for 2026 — covering the Dec 2023 permit exemption for small second homes ≤60m², building permit requirements, DPU transition, and overlay restrictions.
Overview
Victoria reformed its granny flat rules in December 2023 (Amendment VC253). A planning permit is now generally not required for a small second home of up to 60m² in most residential and rural zones. This is a major simplification — previously, most granny flats needed a planning permit.
However, a building permit is always required.
Approval Pathways
No Planning Permit Required (Most Cases)
Since December 2023, you generally do not need a planning permit for a small second home if:
- The dwelling is ≤ 60m² (self-contained with kitchen, bathroom, toilet)
- The property is in a residential or rural zone
- There are no special overlays (heritage, bushfire, flood, environmental)
- The lot is ≥ 300m² (smaller lots may need VicSmart fast-track)
Building Permit — Always Required
Every small second home needs a building permit to ensure compliance with:
- National Construction Code (NCC)
- Victorian Building Regulations
- Siting and amenity requirements
- Fire safety standards
VicSmart Fast-Track (Lots under 300m²)
If your lot is smaller than 300m², you may still be eligible for a VicSmart 10-day permit — a fast-tracked council assessment.
Full Planning Permit
A full planning permit is required if:
- The dwelling exceeds 60m²
- Special overlays apply (Heritage, Bushfire Management, Flood, Environmental Significance)
- The property doesn't meet standard zoning requirements
Key Requirements
Size Limits
| Requirement | Value |
|---|---|
| Maximum floor area (permit-free) | 60m² |
| Must be self-contained | Yes (kitchen, bathroom, toilet) |
| Cannot be connected to reticulated natural gas | Correct |
| Car parking space required | No |
Energy and Accessibility
| Requirement | Standard |
|---|---|
| Energy rating | Minimum 7-star NatHERS |
| Livable Housing Design | Step-free entry, wider doorways, reinforced bathroom walls |
New requirement: All small second homes must meet Livable Housing Design Standards and achieve a minimum 7-star NatHERS energy rating.
Rental Rules
Anyone can live in or rent a small second home — no family connection required. The old "Dependent Person's Unit" (DPU) rules, which required the occupant to depend on a resident of the main dwelling, have been replaced.
DPU Transition
The Dependent Person's Unit land use definition was removed by Amendment VC253. Transitional arrangements expire on March 28, 2026. After this date, new proposals must meet small second dwelling requirements.
Subdivision
Small second homes cannot be subdivided or sold separately from the main home.
Overlays That Trigger a Planning Permit
Even if your project is under 60m², a planning permit is required if your property has:
- Heritage Overlay (HO)
- Bushfire Management Overlay (BMO)
- Flood Overlay
- Environmental Significance Overlay (ESO)
- Other special planning controls
Check your property's overlays on the VicPlan mapping tool before starting.
Compliance Checklist
- Dwelling is ≤ 60m² (self-contained)
- Property is in a residential or rural zone
- No heritage, bushfire, flood, or environmental overlays
- Lot is ≥ 300m² (or apply for VicSmart if smaller)
- Building permit application prepared
- 7-star NatHERS energy rating achievable
- Livable Housing Design Standards met
- No reticulated natural gas connection
- NCC compliance confirmed
Frequently Asked Questions
Do I need council approval for a granny flat in Victoria?
In most cases, no. Since December 2023, small second homes ≤60m² are exempt from planning permits in standard residential zones without special overlays. You still need a building permit.
What happened to Dependent Person's Units (DPUs)?
DPUs were replaced by the "small second home" framework. Transitional arrangements expire on March 28, 2026.
Can I rent my granny flat to a non-family member?
Yes. There are no family-member restrictions for small second homes in Victoria.
Do I need a car parking space for a granny flat?
No. Small second homes in Victoria do not require a dedicated parking space.
Official Sources
This guide is for planning purposes only. Always confirm requirements with your local council. Last reviewed March 2026.