Small second dwelling
On 14 December 2023, the State Government made changes to the Maroondah Planning Scheme to make it easier to build a small second dwelling if certain conditions are met.
What is a small second dwelling?
To meet the definition of a small second dwelling, the building must:
- have a gross floor area of 60 square metres or less
- be located on the same lot as an existing dwelling
- be used as a self-contained residence.
If your plans do not meet the above definition, please see Multi dwelling development.
The small second dwelling must include:
- a kitchen sink
- food preparation facilities
- a bath or shower
- a toilet and wash basin.
Anyone can live in it or rent it out and no car spaces are required.
Please note that Council cannot grant a planning permit to subdivide land which would allow a separate lot to be created containing only a small second dwelling.
Do you need a planning permit?
In most cases, you won't need a planning permit for a small second home. However, you will always need a building permit.
You won't need a planning permit if the small second home is in a residential area and:
- is located on a lot greater than 300 square metres
- there is no more than one home already existing on the lot
- is the only small second home on the lot
- is not connected to reticulated natural gas.
You also won't need a planning permit if the small second home is affected by a Heritage Overlay, Neighbourhood Character Overlay or Design and Development Overlay and:
- the building height is no more than 5 metres
- the building uses muted tones and colours.
A planning permit may still be required in other Overlays including tree and native vegetation removal.
If your property has ever had a previous planning permit (including unit development sites), then you may need to amend your original planning permit if you want to change the plans to include a small second dwelling.
A small second dwelling must comply with any restrictions on the certificate of title for the land, such as Section 173 Agreements, Restrictive Covenants or building envelopes.
Siting, design and amenity requirements apply, including minimum garden area.
If your small second dwelling does not meet the Part 5 Siting, Design and Access requirements of the Building Regulations, please see Siting Requirements.
Not connected to sewer?
If your property is not connected to mains sewer, you will need to apply to Council to alter your onsite wastewater management system (OWMS) (septic tank system) to cater for the additional fixtures and water usage within the small second dwelling. The location of the small second dwelling must not encroach on the existing OWMS and effluent irrigation area/s.
Under the Environment Protection Act 2017, penalties apply for altering your OWMS without a permit.
Resources
More information
For further information contact Council's Statutory Planning department on 1300 88 22 33 or (03) 9298 4598 for assistance.