Council Information

COUNCIL INFORMATION

Victoria

In Victoria the planning permit requirements for building a granny flat (also known as a dependent person’s unit) or a modular home depend on several factors, including the location, size, and zoning of the property. Below is a detailed overview of the key planning permit requirements and considerations:

1. ZONING & OVERLAYS

Zoning: The property’s zoning under the local planning scheme determines whether a granny flat or modular home is permitted. Common zones where granny flats may be allowed include:

Residential zones (e.g., General Residential Zone, Neighbourhood Residential Zone, Low-Density Residential Zone).
Rural zones (e.g., Rural Living Zone).

Overlays: Check if the property is affected by any overlays, such as:

Heritage Overlay.
Vegetation Protection Overlay.
Flood Overlay.
Bushfire Management Overlay.
These overlays may impose additional restrictions or requirements.

2. PERMIT REQUIREMENTS

Granny Flats: In some cases, a granny flat may not require a planning permit if it meets specific criteria under the Victorian Planning Provisions (Clause 52.03). For example:

The granny flat must be smaller than 60 square meters.
It must be used to accommodate a dependent relative (e.g., elderly parent or adult child with a disability).
It must not be rented out separately from the main dwelling.

If the granny flat exceeds 60 square meters or does not meet the above criteria, a planning permit will likely be required.

https://www.vba.vic.gov.au/consumers/small-second-homes

3. BUILDING PERMITS

A building permit is always required for the construction of a granny flat or modular home, even if a planning permit is not needed. The building permit ensures the structure complies with the Building Code of Australia (BCA) and relevant Australian Standards.

4. COVENANTS AND RESTRICTIONS

Check the property title for any covenants, easements, or restrictions that may prohibit or limit the construction of a granny flat or modular home.

5. SERVICES AND UTILITIES

Ensure the property has adequate access to services such as water, sewerage, electricity, and stormwater drainage. If the granny flat or modular home requires new connections, additional permits or approvals may be needed.

6. LOCAL COUNCIL REQUIREMENTS

Each local council in Victoria may have specific requirements or policies for granny flats and modular homes. For example:
Some councils may limit the number of dwellings on a single lot.
Others may require a minimum lot size for a granny flat.
Contact the local council (e.g., City of Melbourne or the relevant municipality) to confirm their specific requirements.

7. ENVIRONMENTAL AND SUSTAINABILITY CONSIDERATIONS

Some councils encourage sustainable building practices, such as energy-efficient designs, solar panels, or rainwater tanks. These may be required or incentivized.

8. FEES

Planning permit fees vary depending on the cost of the development and the local council. Fees typically range from a few hundred to several thousand dollars.

9. TIMEFRAME

The planning permit process can take several weeks to several months, depending on the complexity of the proposal and whether objections are raised.

SUMMARY

To determine the exact planning permit requirements for your property in Melbourne, Victoria:

Check the property’s zoning and overlays using the Victorian Planning Portal or contact your local council.
Consult with a town planner or building surveyor to ensure compliance with ResCode and local planning schemes.
Submit a planning permit application if required and obtain a building permit before starting construction.

NEW SOUTH WALES

Building a Granny Flat in NSW: No Council Approval RequiredIn New South Wales, you can build a granny flat on your residential property without council approval, thanks to the State Environmental Planning Policy (Housing) 2021 (SEPP). This streamlined approval process allows for faster construction—typically completed in as little as 12 weeks—while still ensuring compliance with state regulations.

Key Benefits of Complying Development Approval

✔ No lengthy council DA process – Faster approval through a private certifier
✔ Cost-effective – Avoid complex planning applications
✔ Flexible placement – Attached or detached from your main dwelling

NSW Granny Flat Requirements

To qualify as complying development, your project must meet these criteria:

Site Requirements

Minimum lot size: 450m²
Minimum frontage: 12m at the building line
Zoning: Must be residential (R1, R2, R3, R4, or RU5)

Setbacks & Clearances

Rear boundary: 3m minimum
Side boundaries: 0.9m minimum
Trees: 3m clearance from any tree over 6m tall

Granny Flat Specifications

Maximum internal floor area: 60m²
Maximum height: 3.8m (single story)
Courtyard space: Minimum 24m² (with at least 4m width)
One granny flat per property

What If My Property Doesn’t Meet These Standards?

If your site doesn’t comply with the above requirements, you may still proceed with a Development Application (DA) through your local council. Additional conditions apply for:
- Bushfire-prone areas
- Flood zones
- Heritage-listed sites