VIC approval guide
Victoria separates planning permission from building permission. Some small second dwellings have a streamlined planning pathway, but site controls and building-permit requirements still need to be checked.
Last reviewed
1 August 2026
Publisher and reviewer
ModuHaus Technologies planning content review
Review methodology
We compare important planning and building claims with current government guidance, record when each source was checked and use cautious language where eligibility depends on the site, council or proposal. This editorial review does not replace project-specific advice from the relevant authority or qualified professional.
VIC approvals, in brief
These answers identify the first decision points. The current pathway and technical evidence still need confirmation for the actual property and proposal.
Answer 01
Start with the planning scheme, zone, lot size, overlays, intended use and proposed floor area. Check planning permission separately from the building-permit pathway with the council and a municipal or private building surveyor.
Answer 02
A qualifying small second home of 60 square metres or less may avoid a planning permit in many circumstances, but all exemption conditions and overlays must be checked. A building permit is still required.
Answer 03
Prepare the title and plan of subdivision, planning property report, concept site plan, intended use and area, site access and services, plus early bushfire, flood, drainage, wastewater or engineering information where relevant.
Answer 04
Council and the building surveyor must confirm planning and building requirements. The supplier and project team must confirm current drawings, certification evidence, transport and installation scope, service interfaces, inclusions, warranties and final pricing.
The 60-square-metre reference does not by itself establish an exemption or site eligibility.
Approval overview
In Victoria, small second dwellings up to 60 m2 may have a streamlined pathway in many cases. A planning permit may not be required in some cases, but a building permit is still required.
References: [1] Planning Victoria - small second dwellings, [2] Victorian Building Authority. Eligibility still needs confirmation for the property and proposal.
Site context, classification and local controls shape every approval pathway.
State framework
The Victoria Planning Provisions and the planning scheme for the relevant municipality control land use and development. A planning permit and a building permit are separate approvals: local council commonly administers planning, while a municipal or private building surveyor assesses the building-permit pathway.
A small second home of 60 square metres or less may avoid a planning permit in many residential and rural circumstances, but the zone, lot size, overlays and every exemption condition still need checking.
A permit may be required where an overlay, zone, lot size or design condition prevents an exemption. Some straightforward proposals may fit a VicSmart pathway when all criteria are met.
A small second home still requires a building permit. The building surveyor checks classification, siting, structural, energy, fire-safety, amenity and other building requirements.
Class 1a versus Class 10a
A self-contained dwelling is generally Class 1a, while a private garage, carport or shed is commonly Class 10a. A room intended for sleeping or independent living cannot be treated as a Class 10a outbuilding merely because it is modular or described as a studio.
Check NCC building classificationsSecondary dwellings
Victoria defines a small second home as a self-contained dwelling of 60 square metres or less on the same lot as an existing home. It may avoid a planning permit in many cases, cannot be separately subdivided or sold, and still requires a building permit. Lots under 300 square metres and special controls need closer review.
Practical pathway table
This table is a preliminary comparison, not an approval outcome. A proposal may qualify for a particular pathway only when all current state, local and site requirements are satisfied.
| Project type | Intended use | Fixed or movable structure | Habitable or non-habitable | Existing dwelling on the land | Likely planning check | Building or certification check | Services and utilities | Who should confirm the pathway |
|---|---|---|---|---|---|---|---|---|
| Permanent modular home | Primary or long-term residence | Usually fixed to an engineered footing or foundation system | Habitable dwelling | May be proposed on vacant or already-developed land | A planning permit, DA or another state pathway may apply. Confirm zoning, overlays and local controls. | Building approval, certification and NCC evidence are commonly required. | Confirm water, wastewater, stormwater, power, access and installation requirements. | Council or planning authority, certifier or building surveyor, engineer and relevant licensed trades. |
| Secondary modular dwelling | Additional long-term dwelling on the same property | Usually fixed | Habitable dwelling | An existing approved primary dwelling may be relevant or required for the intended pathway. | May qualify for a streamlined pathway where every state and local condition is met; otherwise further assessment may apply. | Building approval and residential certification commonly remain necessary. | Check shared or separate services, wastewater, stormwater, access and possible infrastructure implications. | Council or planning authority, certifier or building surveyor, and service authorities where relevant. |
| Backyard office or studio pod | Work, study, creative or non-residential ancillary use | Fixed, relocatable or portable depending on the product | Usually non-habitable; sleeping, bathing or cooking can change the classification and pathway | Often located with an existing dwelling, but property and use requirements still need confirmation. | A minor or exempt pathway may be available in some circumstances. Confirm size, placement, use and local controls. | Building or structural approval may still apply, especially when fixed, serviced or used differently from the approved purpose. | Confirm power, data, plumbing, wastewater, stormwater and access requirements. | Council, certifier or building surveyor, and licensed trades for connected services. |
| Tiny home on wheels | Temporary accommodation or another moveable-use pathway | Moveable vehicle or caravan-style structure | Fitted for occupation, but not automatically approved as a permanent dwelling | An existing dwelling, building work or licensed park may affect available temporary-use options. | Local laws, camping rules, occupation duration and land use may need review. Do not assume wheels remove approval requirements. | Vehicle or caravan rules may apply while fixed residential use can trigger building and certification requirements. | Permanent utility connections, decks, footings and wastewater arrangements can change the assessment. | Local council or relevant state authority, plus a certifier or building surveyor if treated as a building. |
| Amenities or service building | Toilet, shower, bathroom or site-support facility | Fixed or relocatable | Non-habitable | Not always determinative; the wider site use and users of the facility matter. | May require planning review depending on location, permanence, public use and the broader site approval. | Building, plumbing, waterproofing and accessibility requirements may apply. | Water, wastewater, ventilation, power, accessibility and maintenance access should be confirmed. | Council, certifier or building surveyor, hydraulic consultant and licensed plumbing or electrical trades. |
Confirm the current pathway with the relevant council or planning authority, certifier, building surveyor and qualified professionals before purchase, delivery or installation.
Before product selection
Confirm the zone, lot size and whether special planning controls affect the land.
Check whether the proposal meets the current small second dwelling definition and conditions.
Identify bushfire, flood, heritage, environmental or neighbourhood-character overlays.
Discuss building-permit, siting and NCC requirements with a building surveyor.
Confirm drainage, wastewater, access and service connections before finalising placement.
Site constraints
The Bushfire Management Overlay and bushfire-prone-area controls can require a planning response, BAL assessment, defendable space, access and construction measures.
Land Subject to Inundation and Special Building Overlays can introduce referral, floor-level, drainage and access requirements.
Heritage, neighbourhood character, design and landscape overlays may set permit triggers, height, colour or siting conditions.
Vegetation, environmental significance, erosion, contamination and rural land controls can change the pathway or require technical reports.
Wastewater and service connections
Confirm drainage, legal point of discharge, water, sewer or on-site wastewater, electricity and access. A small second home may share some services with the existing home, but the water authority, council and relevant practitioners should confirm capacity, metering, drainage and fees.
Preparation
These items help a council, certifier or planning professional understand the proposal. The exact submission set depends on the site and pathway.
Common delays
Delay 01
A planning exemption does not remove the building permit. Confirm both pathways before manufacture or installation is scheduled.
Delay 02
Bushfire, flood, heritage and environmental overlays can change reports, design and timing even where the base zone appears suitable.
Delay 03
Setbacks, overlooking, overshadowing, private open space and report-and-consent matters can delay a building permit when the site plan is not resolved early.
Delay 04
A missing legal point of discharge or unresolved on-site wastewater design can hold up approvals and alter placement.
Official starting points
Rules change and local interpretation matters. Use these government resources, then confirm the current pathway for the property.
Sources supporting this guide
Supports: the 60 square metre definition, planning exceptions and building-permit requirement
Last checked 1 August 2026
Supports: Victorian building and practitioner guidance
Last checked 1 August 2026
General information only; not legal, planning, building or certification advice.
VIC questions
A small second dwelling of up to 60 square metres may not need a planning permit in many cases, but exceptions and special controls apply. A building permit is still required, and the current requirements should be confirmed for the property.
No. Planning and building systems are separate. Building approval, siting, safety, energy, plumbing and other requirements can still apply even when a planning permit is not required.
Yes. Bushfire, flood, heritage, environmental and other overlays can introduce planning requirements or technical reports that would not apply to an unconstrained site.
A modular home may be used as a permanent residence when the land use is permitted and the dwelling obtains the required planning and building approvals. Factory construction does not remove the normal dwelling requirements.
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Where ModuHaus helps
ModuHaus can help organise your intended use, product fit, site access, early service questions and the information needed for a productive planning conversation. Formal classification, planning eligibility, permits, certification and technical compliance must be confirmed by the relevant council, certifier, building surveyor or qualified consultant.
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Download a practical list of property, site, product and service information to gather before contacting council.
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