A small second dwelling is a building, or part of a building, with a total floor area not exceeding 80 square metres, on the same lot as an existing dwelling and used as a self-contained residence, which must include a total floor area of 80 square metres or less, on the same lot as an existing dwelling and used as a self-contained residence, which must include a kitchen sink, food preparation facilities, a bath or shower, a toilet and a wash basin.
Definition of 'total floor area':
- includes all floors of a building, or part of a building, used as a self-contained residence
- is measured from:
- the outside surface of the external walls of a small second dwelling; or
- the centre of a party wall between a small second dwelling and another building - does not include the following structure attached to or abutting a small second dwelling:
- an unroofed patio, pergola, porch, terrace or other unroofed structure; or
- any roofed deck, verandah or other roofed structure
- Is a planning permit required?
A planning permit may not be required, provided the proposed building meets the above criteria, in most residential zones under the Casey Planning Scheme and as long as no overlays apply to the land.
Unsure? Contact us to find out if you need a planning permit.
- Can I subdivide my small second dwelling?
Subdivision cannot be granted to create a separate lot for land containing a small second dwelling.
- Can I build a small second dwelling?
A small second dwelling can have a total floor area of 80 square metres or less. Anything over is not considered a small dwelling and requires a planning permit and compliance with the relevant zones and provisions of the Casey Planning Scheme.
- Existing dependent persons unit (granny flat)
If you have an existing dependent persons unit (granny flat) constructed before 14 December 2023 (approval date of Amendment VC253), 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 movable 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 can not be rented out or lived in if the person living in it is not dependent on a resident of the existing dwelling.
A dependent person is incapacitated by medical, economic or social disadvantage and is therefore dependent on the person in the main dwelling for their accommodation.
If you have an existing dependent person's unit that is no longer in use, you must remove it, unless you convert it into a small second dwelling.
More information on small second dwellings
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