Most small second dwellings will not require a planning permit, however some small second dwellings will require a planning permit because of the zone or overlays that apply to the land.
The requirements for a small second dwelling on a lot vary from zone to zone. To find out which zones and overlays apply to the land, you can obtain a planning property report from Land Victoria.
For example:
In the General Residential Zone, a planning permit is not required for the use and development of a small second dwelling on a lot size greater than 300 square metres when:
- there is no more than one (1) existing dwelling on the lot
- there will be only one (1) small second dwelling on the lot, and
- reticulated natural gas must not be supplied to the building, or part of a building, used for the small second dwelling.
If the three requirements listed above are not met, the use of the land for a small second dwelling is prohibited.
If the lot size is below 300 square metres, a planning permit is always required for a small second dwelling.
In addition, a small second dwelling must comply with any restrictions on the certificate of title for the land, such as Section 173 Agreements, Restrictive Covenants or building envelopes.
A Certificate of Title can be obtained from LANDATA website (fees apply). You can also ask a professional title searcher, conveyancer or solicitor to get you a copy.
It is advised that you submit a request for Written Planning Advice to Council (fees apply) to confirm the zoning of the land and any overlays that may apply, and whether a permit is required for the use and development of a small second dwelling (including any design parameters). Obtaining a written response from Council will also allow you to progress smoothly to the required building permit stage.