Small Second Dwellings in Victoria: The 60 m² Rule, the Front-Wall Setback, the Access Path and Report and Consent (2026 Guide)

A small second dwelling is Victoria's name for the backyard unit or granny flat on the same block as a house. In the main residential zones it often needs no planning permit. The building permit is where the detail is: the Building Regulations 2018 say what counts as one, set three siting rules for it, and send a design that misses one to the council for report and consent.

This guide reads each rule from the current text, in order, and the checker in section 11 applies them to your design.

In one minute

• A small second dwelling is a self-contained Class 1a building of 60 m² gross floor area or less, on the allotment of an existing house (Building Regulations 2018 r 5). The planning definition allows 80 m² of total floor area (Victoria Planning Provisions Clause 73.03).

• No planning permit is needed in the main residential zones on a lot of 300 m² or more if the zone's conditions are met (for example Clauses 32.08-2 and 32.08-6). Overlays can still require one.

• It sits behind the front wall of the house facing the front street, and so do its porches, eaves and decks over 800 mm high (r 74A).

• Its path from the front street is at least 1 m wide, or 1.8 m if longer than 30 m, 2 m clear, no steeper than 1 in 14, cross fall no steeper than 1 in 40, sealed or all-weather (r 86B). It has 8 m² of private open space (r 86A).

• A design that misses one of these needs the council's report and consent (r 74A(3), r 86A(2), r 86B(2)), decided under Minister's Guideline MG-12 and appealable to the Building Appeals Board (Building Act 1993 s 144). On a lot under 300 m² the planning permit decides the setback and open space instead (r 68(1)).

1. What counts as a small second dwelling

Regulation 5 of the Building Regulations 2018 defines it as "a Class 1a building that is self-contained and has a gross floor area that is equal to or less than 60 m² on the same allotment as an existing building that is a single Class 1 building that is not a small second dwelling". This guide reads Version No. 031, incorporating amendments as at 1 September 2026.

So the allotment must already hold a house. A unit on a vacant lot is not a small second dwelling, and the residential zones in section 2 prohibit one beside two existing dwellings. The Regulations do not define "self-contained" or "gross floor area". Class 1a is the class of a single dwelling (National Construction Code (NCC) 2025 Volume Two A6G2); our building classes guide explains it.

The planning definition is different. Clause 73.03 of the Victoria Planning Provisions (VPP), current to Amendment VC306 of 15 October 2026, allows up to 80 m² of total floor area. A unit of more than 60 m² and up to 80 m² can be a small second dwelling for planning but not for the Building Regulations, whose rules for small second dwellings then do not apply to it. Hold the unit to 60 m², or settle early with the relevant building surveyor how Part 5 of the Regulations applies to a larger one. The planning definition measures total floor area to the outside of the external walls and leaves out attached decks and verandahs, while r 5 uses gross floor area, so check the unit against both.

Element	Building Regulations 2018, r 5	VPP Clause 73.03 (to VC306)
What it is	A Class 1a building	A building, or part of a building, used as a self-contained residence
Size	Gross floor area 60 m² or less	Total floor area not more than 80 m², measured to the outside of the external walls or the centre of a party wall, leaving out attached patios, pergolas, porches, terraces, decks and verandahs
Self-contained	Required, not defined further	A kitchen sink, food preparation facilities, a bath or shower, and a toilet and wash basin
Already there	A single Class 1 building that is not a small second dwelling, on the same allotment	An existing dwelling on the same lot

The two definitions: Building Regulations 2018 (Version No. 031) and Victoria Planning Provisions (to VC306).

2. Planning: when a permit is and is not needed

In the Mixed Use, Residential Growth, General Residential, Neighbourhood Residential and Housing Choice and Transport Zones a small second dwelling needs no permit to use if three Section 1 conditions are met (Clauses 32.04-2, 32.07-2, 32.08-2, 32.09-2 and 32.10-1): no more than one dwelling exists on the lot; it is the only small second dwelling on the lot; and reticulated natural gas is not supplied to it. One that fails a condition is prohibited.

Building it is a separate question. In the same zones a permit is required to construct or extend a small second dwelling on a lot of less than 300 m², and the development must meet Clause 54 (Clauses 32.04-6, 32.07-5, 32.08-6, 32.09-6 and 32.10-4). That includes Standard A2-8: the walls of a small second dwelling are set back behind the front wall of the existing dwelling, with no porch, pergola, verandah or eaves forward of it (Clause 54.02-8). It also includes Standard A3-2: a small second dwelling has a secluded private open space of 8 m² with a minimum dimension of 1.6 m and convenient access from a living area, dining area or kitchen (Clause 54.03-2). Where a permit is required and the scheme regulates the same siting matter, the matching Part 5 regulation does not apply (r 68(1)). So on those lots the front-wall setback and the unit's own open space are decided in the planning permit under Standards A2-8 and A3-2, not by report and consent under r 74A and r 86A. Clause 54 has no path standard, so r 86B still applies.

On a lot of 300 m² or more those zones need no permit to build it, but an overlay can. A Heritage Overlay requires a permit to construct a building (Clause 43.01-1), and the Bushfire Management Overlay requires one for buildings and works associated with accommodation (Clause 44.06-2), which includes a small second dwelling (Clause 73.03). Rural zones set their own conditions, such as the Farming Zone's access, water, wastewater and power requirements (Clause 35.07-2).

In the General Residential Zone the minimum garden area applies to a permit application for the unit (Clause 32.08-4); on a lot that needs no permit it reaches the unit through r 76A. The maximum building height applies whether or not a permit is required (Clause 32.08-11), and no permit may create a separate lot for the unit (Clause 32.08-3).

3. The building permit and the Part 5 siting rules

Building work needs a building permit unless it is exempted (Building Act 1993 s 16, Version No. 152). The siting rules are in Division 2 of Part 5 of the Regulations, which applies to a single Class 1 building "including a small second dwelling unless the small second dwelling is specifically excluded from any of those requirements" (r 72).

So the unit meets the same street setback, height, side and rear setback, walls on boundaries, daylight, overshadowing and overlooking rules as a house (r 74, r 75, r 79 to r 85). Maximum street setback, car parking and the private open space rule of r 86 do not apply to building it (r 73(5), r 78(7), r 86(4)). Site coverage, garden area and permeability count both buildings (r 76(5), r 76A(6), r 77(4)); without a zone schedule that means no more than 60% of the allotment covered and at least 20% permeable (r 76(2), r 77(2)).

Regulation	What it says for a small second dwelling	If the design does not comply
r 5	Defines it: self-contained Class 1a, gross floor area 60 m² or less, on the allotment of an existing single Class 1 building that is not one itself	It is not a small second dwelling
r 19A	For an owner-builder's certificate of consent, the residence and five-year tests in s 25E(1)(d) to (g) of the Act do not apply	Not a siting rule
r 72	Division 2 of Part 5 applies to it unless a regulation excludes it	Each regulation's own route
r 73(5), r 78(7)	Maximum street setback and car parking do not apply	Not applied
r 74A	Set back behind the front wall of the house facing the front street; listed projections stay behind it too	Report and consent, r 74A(3)
r 76(5), r 76A(6), r 77(4)	Site coverage, garden area and permeability count both buildings	Report and consent for r 76 and r 77 (r 76(4), r 77(3))
r 86(2)(b), r 86(4)	r 86 does not apply to building the unit itself; its rule for the house (25 m² of private open space, minimum dimension 3 m, at its side or rear) bites when the house is built or altered while a small second dwelling is on the allotment	Report and consent, r 86(3)
r 86A	Its own private open space: 8 m², minimum dimension 1.6 m, convenient access from a habitable room other than a bedroom	Report and consent, r 86A(2)
r 86B	A path from the front street: 1 m wide, or 1.8 m if longer than 30 m; 2 m clear; 1 in 14; cross fall 1 in 40; sealed or all-weather	Report and consent, r 86B(2)
r 69(2); r 5	A neighbour's small second dwelling counts as an existing dwelling, and its side or rear open space as recreational private open space	Protects it under r 81 to r 84

The regulations of the Building Regulations 2018 (Version No. 031) that mention small second dwellings, apart from the objectives (r 1) and the forms (Schedule 4). Regulation 86(2)(b) applies unless a zone schedule sets the space (r 86(1)).

4. Behind the front wall of the house (r 74A)

Regulation 74A(1): "A small second dwelling must be set back behind the front wall of the existing dwelling on the allotment that is facing the front street."

The line is the house's front wall, not the street. The unit can sit beside the house, as long as it is behind that wall. On a plain reading of r 74A a unit level with the front wall is not set back behind it; confirm with the relevant building surveyor. Under r 74A(2) these must not encroach into the setback either: porches, verandahs and pergolas; eaves, fascia and gutters; sunblinds and shade sails; the permanent fixed screens of r 84(5)(d) or r 84(6); and decks, steps or landings more than 800 mm high. That is stricter than a street setback, which most of these projections may enter by up to 2.5 m (r 74(3)).

A design that does not comply needs report and consent (r 74A(3)); on a lot under 300 m² that needs a planning permit, Standard A2-8 decides it instead (section 2). Under MG-12's Siting requirement 3 the council may consent only if the setback is consistent with any approved building envelope, will not disrupt the streetscape, and is consistent with the planning scheme's neighbourhood character objectives. At least one more criterion must apply, such as siting constrained by the allotment's shape, dimensions or slope, a need for solar access, retaining vegetation, or a more appropriate side-street setback.

5. The access path (r 86B)

Regulation 86B(1) requires "a clear and unobstructed path from the front street of the allotment" that:

• has a minimum width of at least 1 m or, if the path is longer than 30 m, at least 1.8 m;

• has a minimum clear height of at least 2 m, with no encroachments;

• has a gradient no steeper than 1 in 14;

• has a cross fall no steeper than 1 in 40; and

• is sealed or has an all-weather access.

Measure the length from the front street to the unit. At 30 m the path needs 1 m; past 30 m it needs 1.8 m.

A design that does not comply needs report and consent (r 86B(2)). MG-12's Siting requirement 17 gives the purpose: "To ensure that small second dwellings are provided with a clear and unobstructed path for safety and accessibility purposes, including in a case of emergency." The council may consent if at least one criterion applies: a path from a side or rear street would be more appropriate, given that street's setbacks, emergency vehicle access or preferred character; the path is constrained by the allotment's shape or dimensions; it helps retain vegetation; or a sealed path conflicts with the permeability objectives.

The NCC adds a second path. A Class 1a dwelling must comply with the ABCB Standard for Livable Housing Design (Volume Two H8D2), whose Clause 1.1 asks for a step-free path to the entrance door, at least 1000 mm wide, no steeper than 1:14, with any crossfall no steeper than 1:40. It may start at the allotment boundary, a garage or carport, or an occupant's parking space. Design one path that serves both; the livable housing guide covers the rest.

6. Private open space for the unit (r 86A)

The unit needs "a private open space not less than an area of 8 m² with a minimum dimension of 1·6 m and convenient access from a habitable room (other than a bedroom)" (r 86A(1)). A design that does not comply needs report and consent (r 86A(2)); on a lot under 300 m² that needs a planning permit, Standard A3-2 decides it instead (section 2). Under MG-12's Siting requirement 15 the council may consent if the space's location maximises the allotment's solar orientation, or if public or communal open space would lessen the demand for it.

7. How report and consent works

The council acts as a reporting authority, a body required "to report on or consent to an application for a permit" (Building Act s 3). The relevant building surveyor must not decide the application until the consent is obtained (Schedule 2 clause 4(1)).

1. The application reaches the council. For a Class 1 or 10 building the surveyor sends a copy within 3 business days (clause 4(2); r 32(a)), or the applicant applies directly and tells the surveyor (clause 5).

2. The council considers it. The prescribed time is 15 business days after the surveyor gives it the application (r 34(1)(a)(i)). The maximum fee for a Part 5 referral is 27.45 fee units (r 36(2A)).

3. The guideline decides. The council must have regard to the guidelines under s 188A, which for siting is MG-12. If it thinks a nearby allotment may suffer detriment, it must give that allotment's owner a chance to make a submission, and consider it. It must refuse consent if the application does not comply with any matter in the guidelines (clause 4A(2)).

4. The surveyor decides the permit, for a Class 1 or 10 building within 10 business days after the reports and consents arrive or fall due, whichever is earlier (r 35). Departures from r 74A, r 86A and r 86B are prescribed matters (Schedule 5 Part 2, items 2A, 14A and 14B), so the surveyor must implement the council's recommendations on them (clause 7(2)).

A council's silence is not consent: the deemed-consent rule excludes councils (clause 6(2)). Instead, the applicant can appeal to the Building Appeals Board against a council's failure to decide in the prescribed time (clause 6(3)).

MG-12, Siting and Design of Single Dwellings, was published in the Victoria Government Gazette S 677 on 14 December 2023, revoking earlier versions. Each siting requirement gives an objective and decision guidelines: criteria that must all apply, criteria of which at least one must apply, or both.

What to put in the application. Answer MG-12. For each regulation not met, say by how much the design departs, then take its siting requirement point by point, with the plans, sections or photographs that show each criterion. Show the neighbouring buildings, windows and open space wherever a nearby allotment could be affected. Councils publish their own forms and fees.

8. If the council refuses: the Building Appeals Board

Section 144(1) of the Building Act 1993 reads: "If the building regulations leave a matter to be determined or approved by a person or body or confer a similar discretion on a person or body, the owner of the building or land who requests the determination to be made, approval to be given, or discretion to be exercised may appeal to the Building Appeals Board". The appeal can be against the decision itself, or against a refusal or a failure to decide within a reasonable time.

The appeal period for a refusal is 30 days after the applicant is notified (r 271(1)(a)). If the permit itself is refused because the council refused consent on the guidelines, an appeal against that refusal (s 138(1)(a)) takes in the council's decision too (s 149(3A)), and the Board has all the powers of the decision-maker (s 149(2)).

A change is coming: under the Building and Plumbing Administration and Enforcement Act 2026 the Building Appeals Board continues as the Building Appeals Tribunal (ss 120 and 497), on days to be proclaimed and by 1 December 2027 at the latest (s 2).

9. The NCC side

The unit is built like any Class 1a dwelling, to NCC 2025 Volume Two, which Victoria adopts through r 10 of the Building Regulations, and the ABCB Housing Provisions it calls up. Two provisions deserve an early look:

• Fire separation. An external wall of a Class 1 building less than 900 mm from an allotment boundary, or less than 1.8 m from another building on the allotment (other than an associated Class 10 building or a detached part of the same Class 1 building), must comply with Housing Provisions 9.2.3 (9.2.1). Check the unit's distance from the house too; see the 900 mm boundary rule guide.

• Bushfire. In a designated bushfire prone area the deemed-to-satisfy route is AS 3959:2018 (incorporating Amendments 1 and 2, the edition NCC 2025 Schedule 2 lists) or the NASH steel-framing standard for bushfire areas (Volume Two H7D4); see the BAL guide.

10. Before you design

• One house on the allotment, and no other dwelling.

• Gross floor area 60 m² or less; no reticulated gas to the unit.

• The zone, its schedule and every overlay read; lot size noted against 300 m².

• The house's front wall line drawn, with the unit, porch, eaves and high decks behind it.

• The path from the front street laid out: length, width, 2 m clear, gradient, cross fall, surface, and the livable housing path with it.

• 8 m² of private open space, 1.6 m at its narrowest, off a habitable room that is not a bedroom.

• Site coverage, permeability and garden area rechecked with both buildings, then the setbacks and amenity rules.

• The distance to the house and boundaries, and the bushfire status, checked.

11. Check a design

Set the unit and the allotment, where the unit sits against the house's front wall, its private open space, and the path from the front street. The plan draws it, the headline counts the items that would need report and consent, and the cards give each regulation. On a lot under 300 m² it leaves the setback and open space to the planning permit (r 68(1)).

12. Worked examples

Design	What the text says	Route
55 m² unit behind the house; path 35 m long, 1.2 m wide	A path longer than 30 m needs 1.8 m (r 86B(1)(a))	Report and consent, r 86B(2)
The same unit with a 29 m path	The minimum is 1 m, and 1.2 m meets it	None for the width
58 m² unit beside the house, its front level with the house's	On a plain reading of r 74A(1) not set back behind the front wall; confirm with the relevant building surveyor	Report and consent, r 74A(3)
Path with a section at 1 in 12	Steeper than 1 in 14 (r 86B(1)(c))	Report and consent, r 86B(2)
66 m² unit	Over 60 m² gross floor area (r 5), within 80 m² (Clause 73.03)	Not a small second dwelling for the Building Regulations
50 m² unit on a 280 m² lot, General Residential Zone	Permit required under 300 m² (Clause 32.08-6); Standards A2-8 and A3-2 take the place of r 74A and r 86A (r 68(1))	Planning permit, assessed against Clause 54; r 86B still applies

Invented examples, read from the Building Regulations 2018 (Version No. 031) and the VPP (to VC306). Each can be set in the checker.

The long path. A 55 m² unit at the back of a deep lot is reached by a 35 m path down a 1.2 m gap beside the house. Past 30 m, r 86B(1)(a) asks for 1.8 m, so the path is 0.6 m short and needs report and consent (r 86B(2)). A gap that cannot be widened is a path constrained by the allotment's dimensions under Siting requirement 17. If the unit can move forward, still behind the front wall line, a path of 30 m or less needs only 1 m.

Beside the house. On a wide, shallow lot a 58 m² unit fits only beside the house, its front level with the house's. On a plain reading of r 74A a unit level with the front wall is not set back behind it (confirm with the relevant building surveyor), so it needs report and consent (r 74A(3)): the envelope, streetscape and neighbourhood character criteria of Siting requirement 3, plus at least one other, such as siting constrained by the allotment's shape.

13. Common mistakes

• Using the planning size for the building permit. The planning definition allows 80 m²; the Building Regulations stop at 60 m² (r 5).

• Letting the porch cross the line. Porches, eaves and decks over 800 mm high stay behind the house's front wall (r 74A(2)); the 2.5 m allowance of r 74(3) does not apply.

• Measuring the path from the wrong end. It runs from the front street (r 86B(1)), and past 30 m the whole path needs 1.8 m.

• Counting only the unit. Site coverage, garden area and permeability count both buildings (r 76(5), r 76A(6), r 77(4)).

• Treating consent as a formality. The council must refuse if any matter in MG-12 is not met (Building Act Schedule 2 clause 4A(2)(d)), and a refusal has a 30-day appeal period (r 271(1)(a)).

14. Where to read the source

The Building Regulations 2018 (Version No. 031) and the Building Act 1993 (Version No. 152) are free on the Victorian Legislation website; the main parts used here are Part 5 and rr 5, 30 to 36 and 271 of the Regulations, and ss 144, 149 and 188A and Schedule 2 of the Act. MG-12 is in the Victoria Government Gazette S 677 of 14 December 2023. The VPP clauses (32.04, 32.07, 32.08, 32.09, 32.10, 35.07, 43.01, 44.06, 54 and 73.03) are on the Victorian planning schemes website.

NCC 2025 Volume Two A6G2, H7D4 and H8D2, Housing Provisions 9.2.1 and the ABCB Standard for Livable Housing Design are free on the NCC website. AS 3959:2018 is purchased from Standards Australia.

Inside AEC Assistant the Building Regulations, the planning scheme clauses and the Code are searchable by regulation and clause. Ask whether a 58 m² unit beside the house needs report and consent and the answer comes back with the regulation it was read from. This article is general guidance. The relevant building surveyor for your project, and the council where its report and consent is needed, determine compliance.