Small second dwelling (granny flat / dependant persons unit)

A small secondary dwelling is a building with a gross floor area of 60 square metres or less, on the same lot as an existing dwelling and used as a self-contained residence, which must include a kitchen, bathroom, and a toilet.

Key features of a small second dwelling:

• Floor area must be 60 square metres or less.
• Must be on the same lot as an existing home.
• Must be the only one small second home on a lot.
• Must have a kitchen, bathroom, and toilet.
• No car parking spaces required.
• Must be connected to the street.
• Anyone can live in it or rent it out.
• Must not be subdivided from the main home.
• Must not be connected to reticulated natural gas supply.
• Must meet siting requirements, including minimum garden area.

The Victorian Government has exempted small second homes from requiring a planning permit under most circumstances.

In determining whether a planning permit is required, Council must be satisfied that the proposed building complies with the definition of a small second dwelling.

If your land is in a:

• Low Density Residential Zone – no planning permit is required.
• General Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone, or Residential Growth Zone – no planning permit is required unless your lot size is less than 300sqm.
• Farming Zone – no planning permit is required unless a permit is required for earthworks or because the dwelling is proposed to be located less than a setback distance specified in the zone.
• Green Wedge Zone, Green Wedge A Zone, or Rural Conservation Zone – a planning permit is always required.
• Other zones – check the Melton Planning Scheme.

If your land is in an overlay, check the requirements of the planning scheme to see if a planning permit is required or whether other requirements apply.

• If your land is in a Heritage Overlay or Design and Development Overlay, no planning permit is required for a small second dwelling if the building height does not exceed five metres and is finished in muted tones and colours.
• A planning permit is likely to be triggered if your land is subject to flooding, environmental, Melbourne Airport Environs, or other special planning controls.

Please contact the City Growth and Development Department on 9747 7200 to confirm whether your land is subject to any controls that may trigger the need for a planning permit to construct a small second dwelling.

A small second dwelling requires a building permit to meet siting, amenity, design, and safety requirements.

Subdivision cannot be granted which would allow a separate lot to be created for land containing a small second dwelling. 

A restrictive covenant limits the way land can be used and developed.

Common restrictive covenants:

• Limit only one house on a lot
• Control the type of building materials used for new buildings and fences
• Prohibit certain uses of land for example quarry operations

If you have a restrictive covenant on your property that limits only one house on the lot, you cannot build a small second home.

A restrictive covenant is recorded on your land title and listed as an encumbrance within the Title Register.

If you have an existing dependent persons unit (granny flat) constructed before 14 December 2023, the requirements of the planning scheme that applied to the use or development of land for a dependent person’s unit (granny flat) at the time continue to apply.

This means that you must continue to ensure the dependent person’s unit is moveable from one place to another, it is used to provide accommodation for a person who is dependent on a resident of the existing dwelling, and it cannot be rented out or lived in if the person living in it is not dependent on a resident of the existing dwelling.

If you have an existing dependent persons unit and it is no longer being used by a dependent person, it must be removed, unless it is converted to a small second dwelling.