Last updated October 2026
Granny flat approvals in Victoria come down to two permits: a planning permit, which many small second dwellings do not need, and a building permit, which every one does. Your council handles planning permits, while a registered building surveyor issues the building permit. Knowing which applies to your block, and in what order, helps you avoid delays and plan your build with confidence.
Key takeaways
- A small second dwelling of 60m² or less does not need a planning permit in most residential zones.
- Lots under 300m² and some overlays (such as heritage, bushfire or flood) can require a planning permit from council.
- A building permit is required for every granny flat and is issued by a registered building surveyor.
- If a planning permit is needed, it must be in place before the building permit can be issued.
- At the end of the build, the building surveyor issues an occupancy permit or certificate of final inspection.
What counts as a granny flat in Victoria?
In Victorian planning rules, a granny flat is called a small second dwelling. To qualify, it must:
- have a floor area of 60m² or less
- include a kitchen, bathroom and toilet
- sit on the same lot as an existing home
It cannot be subdivided or sold separately from the main home, cannot connect to reticulated natural gas and does not need an extra car parking space. Anyone can live in it, including family or tenants.
The Victorian Government small second dwellings page sets out these rules, and our guide to small second homes in Victoria explains them in plain English.
Because the granny flat must sit with an existing home, you cannot build one on a vacant block. Our guide on why you can’t build a granny flat on empty land covers this in more detail.
Planning permit vs building permit
The two permits do different jobs, and they come from different places.
| Planning permit | Building permit | |
|---|---|---|
| What it looks at | Land use and development under the planning scheme, such as zones and overlays | Construction standards under the Building Act, Building Regulations and National Construction Code |
| Who issues it | Your local council | A registered building surveyor (private or council) |
| Needed for a granny flat? | Sometimes, depending on lot size and overlays | Yes, for every small second dwelling |
| When | Before the building permit, if required | Before construction starts |
Thinking of the planning permit as “can you build here?” and the building permit as “is it built properly?” is a simple way to keep them apart.
When granny flat approvals in Victoria need a planning permit
Most granny flats of 60m² or less on residential and rural zoned land do not need a planning permit. You are likely to need one if:
- your lot is under 300m² in a residential zone (other than the Low Density Residential Zone), in which case the council also assesses the design against the state’s residential design standards
- an overlay applies that requires a permit for buildings and works, such as a heritage, bushfire, flooding or vegetation overlay
- other planning controls on your property, such as a zone schedule, apply extra requirements
To see what applies to your block, search your address in VicPlan and create a planning property report. It lists the zone and any overlays on the property. Our guide to granny flat council requirements in Melbourne explains how to read the results.
If your property sits in a bushfire area, our guide to bushfire overlay areas explains what to expect.
How the planning permit process works
If your granny flat does need a planning permit, the process generally looks like this:
- Check the controls. Review the zone, overlays and any schedules in your council’s planning scheme.
- Prepare the application. This usually includes site plans, floor plans, elevations, a copy of title and any reports the overlay calls for, such as a bushfire or heritage assessment.
- Lodge with council. The council’s planning department checks the application and may ask for more information.
- Notice. Depending on the proposal, the council may require the application to be advertised to neighbours.
- Decision. The council issues a permit (often with conditions), a notice of decision or a refusal.
Timeframes vary between councils and depend on how complex the site is, so allow extra time in your plans if a planning permit is likely.
How the building permit process works
The building permit is the core of granny flat approvals in Victoria, because every small second dwelling needs one.
Who issues it
A registered building surveyor issues the building permit. You can choose a private building surveyor or your council’s municipal building surveyor. Once chosen, they become the relevant building surveyor for the project. A private building surveyor must be appointed by the owner or the owner’s agent, not by the builder.
What they check
The building surveyor checks the design against:
- the Building Regulations, including siting rules for setbacks, height, overshadowing and overlooking
- the National Construction Code, including structure, fire safety and energy efficiency
- the conditions of any planning permit
On residential lots of 300m² or more, the siting of a small second dwelling is generally assessed through this building permit process rather than a planning permit. Our guide to granny flat setback requirements explains the siting rules.
Report and consent
If the design varies from a siting rule, or involves building over an easement, the building surveyor may need consent from a reporting authority such as your council before issuing the permit. These consents need to be in place before the building permit is issued.
What you will usually provide
- architectural plans, including site plan, floor plan and elevations
- engineering for footings and structure
- an energy rating report
- a copy of title and any relevant planning permit
- other reports the site needs, such as soil or bushfire assessments
During construction and at handover
Granny flat approvals in Victoria continue through the build. The building permit lists the mandatory inspections, and the building surveyor (or an inspector they rely on) checks the work at each stage.
When the work is complete, the building surveyor issues either an occupancy permit or a certificate of final inspection, as stated on the building permit. Keep this with your plans, permits and warranties. You may need it if you rent out the granny flat, refinance or sell.
The Building and Plumbing Commission homeowner fact sheet explains the building surveyor’s role and the owner’s responsibilities in more detail.
Other checks before you apply
Some issues sit outside the two permits but can still affect granny flat approvals in Victoria:
- Title restrictions. Restrictive covenants and section 173 agreements on your title can limit what you build. See our guide to checking restrictive covenants.
- Easements. Sewer and drainage easements are common along rear boundaries.
- Trees. Some councils protect significant trees through local laws or overlays.
- Services. The distance from the main house affects how sewer, water, stormwater and power are connected.
- Existing structures. Sheds, carports and decks can affect siting and open space.
Our guide on what makes a block suitable for a granny flat walks through these site checks.
A typical approvals sequence
Every site is different, but granny flat approvals in Victoria usually follow this order:
- Site assessment: check access, slope, services, trees and the property report.
- Title and overlay check: confirm lot size, overlays, covenants and easements.
- Design: choose a floor plan that fits the block and siting rules.
- Planning permit (if needed): apply to council and wait for a decision.
- Documentation: prepare engineering, energy rating and building plans.
- Building permit: the relevant building surveyor assesses and issues the permit, including any report and consent.
- Construction and inspections: mandatory inspections at each stage.
- Final sign off: occupancy permit or certificate of final inspection.
For the whole journey from first enquiry to handover, read our step-by-step guide to building a granny flat in Victoria.
Who is involved in granny flat approvals in Victoria
Several parties play a part, and knowing who does what makes it easier to ask the right questions.
| Who | Role |
|---|---|
| You, the owner | Appoint the building surveyor (or authorise an agent to do so), provide title documents and sign applications |
| Your council’s planning department | Assesses and decides planning permit applications where one is needed |
| Relevant building surveyor | Assesses the design, issues the building permit, sets mandatory inspections and issues final sign off |
| Reporting authorities | Give consent for matters such as siting variations or building over easements, often the council |
| Your builder | Builds to the approved plans and permit, and arranges work in line with the inspection stages |
| Building and Plumbing Commission | Regulates building practitioners in Victoria and publishes guidance for owners |
Your designer, engineer and energy rater also prepare the documents the building surveyor relies on. When everyone works from the same plans and site information, approvals tend to move more smoothly.
Regional Victoria and Melbourne follow the same rules
The small second dwelling rules are statewide, so the same approval pathway applies whether you build in Melbourne, Geelong or a regional town. What changes is the detail on your property. Regional and rural blocks are more likely to have bushfire, vegetation or flooding controls, and some properties rely on tank water or on-site wastewater systems, which need their own checks. A property report and site assessment are a sensible starting point wherever you build.
Records to keep after approval
Once your granny flat is finished, store these documents together:
- the building permit and approved plans
- any planning permit and endorsed plans
- report and consent documents, if any were needed
- the occupancy permit or certificate of final inspection
- warranties, compliance certificates and appliance manuals
These records help if you rent the granny flat, make future changes or sell the property.
Common approval mistakes to avoid
- Assuming no permits at all. A planning exemption does not remove the need for a building permit.
- Skipping the property report. An overlay you did not know about can change the whole process.
- Designing before checking the title. A covenant or easement may affect where the granny flat can go.
- Going over 60m². A larger building no longer fits the small second dwelling rules.
- Starting work early. Construction should not begin until the building permit is issued.
How Innovista handles approvals
Every G-Flat™ includes the building permit and all required reports, so the documentation your building surveyor needs is part of the build. Each G-Flat™ is a 60m², two bedroom home, designed to sit within the small second dwelling size limit, and all five floor plans (Stella, Aurora, Lana, Lana 2 and Sirius) suit different block shapes.
Our free site assessment looks at your property report, access, services and slope, so you know early whether a planning permit is likely. A G-Flat™ takes approximately 5 months end to end, from planning through to handover.
Frequently asked questions
Do I need a planning permit for a granny flat in Victoria?
Usually not for a small second dwelling of 60m² or less on a lot of 300m² or more, unless an overlay requires one.
Is a building permit required for every granny flat?
Yes. Every small second dwelling needs a building permit from a registered building surveyor.
Who issues planning permits?
Your local council issues planning permits under its planning scheme.
Can I choose my building surveyor?
Yes. You can appoint a private building surveyor or use your council’s municipal building surveyor.
Can I rent out my granny flat once it is approved?
Yes, residential tenancy laws apply. See our guide on how to legally rent out a granny flat in Victoria.
Start your approvals with a site assessment
Granny flat approvals in Victoria are simpler when your block has been checked before design starts. Book your free site assessment or visit our display G-Flat™.