Second home
Recent amendments by the Victorian State Government to the planning provisions have been made to simplify and assist navigating through the planning and building process in order to ensure that the construction of a “granny flat” is easier than the original requirements if certain conditions are met. A variety of amendments made to the original provisions include the size of the dwelling, location restrictions, building codes and safety regulations. The intention of the changes is to provide families greater and easier housing options and supply.
A “granny flat” is usually a smaller separate self-containing living space which is located on the same property as an existing residential dwelling, often for housing elderly parents, relatives or adult children. However, under the recent amendments a property owner may be able to rent out the granny flat depending on local municipality requirements and in compliance with the Residential Tenancies Act.
The living space can be attached or detached from the main residential dwelling, which is to remain on the same Certificate of Title of the existing residential dwelling. Therefore, the granny flat cannot be sub-divided or separated from the existing residential dwelling in any way. The Victorian planning provisions refer to a “granny flat” as a small second home that is up to 60 square meters in size, which includes a kitchen, bathroom and toilet, and is a separate space from the existing residential dwelling.
Other key characteristics of a granny flat under the new provisions include the following:-
- Must be only one small second home on a property;
- Must have a kitchen, bathroom and toilet;
- No car parking spaces are required;
- Any person is able to occupy or the granny flat can be rented out for any period of time;
- The granny flat must not be connected to a reticulated natural gas supply;
- Siting, design and amenity requirements apply, including minimum garden area;
- Can be built anywhere in Victoria (residential and rural zones);
- Ensure street access direct to the granny flat; and
- Private open spaces can be shared or separate.
As of December 2023, the planning provisions no longer require a planning permit to be obtained from the relevant municipality in a majority of instances, where the property is larger than 300 square meters. It is important to note that there are some exceptions to the planning permit requirement, including if the property is affected by flooding or environmental factors. Any restrictive covenants, section 173 agreements or building envelopes encumbering the property must be carefully considered to ensure that there are no restrictions on the construction of a granny flat on the property because these will override the general granny flat provisions.
It is important to note that the property owner will still be required to obtain a building permit for the construction of the granny flat in order to ensure compliance with all safety and building code standards. A building permit will further ensure all size, privacy and other specific requirements are satisfied and the granny flat is in compliance with the local planning provisions encumbering the property.
The intent of the amendments is to assist with housing affordability and increase in housing options available to individuals, primarily focusing on family members.
If you have any queries in relation to the legislative amendments to the planning provisions then please do not hesitate to contact Ron Cohen or Nicole Hoyle.