Small Second Dwellings

Kitchen, bathroom, and toilet, located on the same lot, must not be connected to reticulated natural gas, and does not require a car parking space

Anyone can live in or rent out a small second home, including a family member, dependent person, or unrelated persons

No this can remain as a permanent dwelling and no longer needs to be removed when not occupied

• Dependent Person’s Units have been replaced with an option for a ‘Small Second Dwelling’.
• There is no restriction on how they can be used and they can be rented out.
• There are restrictions on size, with a maximum of 60sqm (including verandahs).
• Not all property zones will require a planning permit. This is site specific.
• If your preference is for a second home larger than 60sqm, property zoning will need to be reviewed to see if a larger second dwelling option is available for your site.

The relevant municipal council is generally responsible for assigning street numbers to properties within the municipality. The display of street numbers is the obligation of the property owner.

The definition of a small second dwelling includes a requirement that the building have a gross floor area of 60 square metres or less. Clause 74 of the Victoria Planning Provisions defines gross floor area as: The total floor area of a building, measured from the outside of external walls or the centre of party walls, and includes all roofed areas.

A small second dwelling’s 60 square metres or less size requirement is consistent with size specified as part of the Secondary dwelling pilot program, and other jurisdictions, such as New South Wales.

An SSD may form part of an extension to the existing dwelling. The SSD would still need to comply with the definition of a SSD, and meet all the planning (if applicable) and building requirements.

Yes, fire separation is required between the new class 1a SSD and the existing dwelling in accordance with National Construction Code, Housing Provisions Part 9 Fire Safety.

Speak with a registered building surveyor for information about the building requirements to convert part of an existing dwelling to a small second dwelling.

A small second dwelling is a self-contained Class 1a building, compliance with the National Construction Code requires that small second dwellings have their own laundry facilities.

National Construction Code Housing Provisions, Part F requires (among other things) “clothes washing facilities, comprising at least one washtub and space in the same room for a washing machine” to meet minimum laundry facilities requirements. This can be contained in the kitchen if the minimum requirements for a kitchen and laundry is met.

In most cases, we can build a Granny Flat (DPU) or Small Second Dwelling (SSD) on your property. Contact us with your site address, and we’ll advise you on the feasibility.

It is important for our clients to understand that a DPU is not connected to services independent of the existing house.

All services are connected to existing water and electrical meters as well as drainage of the home (much like building a shed or pool house).

This means that clients will not receive separate bills for each dwelling. The units can however be fitted with check meters that give an indication of much water and power the occupant has used.

Often large established trees exist when building DPU’s in client’s backyards. These trees can either be in the owners garden, in which case they can usually be removed or managed appropriately but often they are in a neighbours garden, ruling out removing the tree.

If a tree cannot be removed when it is in close proximity to a proposed unit much deeper footings will need to be installed. Depending on the soil classification the footings may need to be designed by a structural engineer.

The standard payment terms are:

Deposit: 5%
Base: 10%
Frame: 15%
Lock-up: 40%
Fixing: 25%
Completion: 5%

At Todd Devine Homes we can check and advise if you require a planning permit. Alternatively, the planning department of your local council can give you advice.

A planning permit application can be a time consuming process. Depending on the complexity of the application it can take anywhere from 3 – 6 months. Each council is unique, so timelines can vary greatly from one to another.

An easement is a specified party’s right to use a defined part of another person’s land without owning it. Easements usually protect the rights of utility suppliers to enter the land to maintain their assets.

Easements are a common issue when building in client’s backyards. Most easements contain one or more assets such as sewer mains, storm water mains etc. Some easements do not contain any assets and some assets run through land without being designated by an easement.

Client’s often want to build over an easement. This is usually achievable if the easement is does not contain any assets. An application needs to be lodged with the appropriate authority to build over the easement which attracts a small fee and takes a couple of weeks.

However if the easement contains one or more assets the likelihood of an application to build over being approved reduces dramatically. We would recommend trying to position the unit away from the easement particularly if there is ample space.

In some cases, building over an easement is possible if there are no assets within the easement. However, if assets are present, approval is less likely. Applications to build over easements require a small fee and take a few weeks to process.

A Covenant is a restriction on the land that is registered on the certificate of title. A covenant remains associated with the land indefinitely unless removed by the land owner. Covenants are common and most date back to when large tracks of land were subdivided and sold off. Common covenant restrictions include preventing quarrying/excavating/mining the land, restricting the materials and colours used to construct buildings on the land and restricting the number of dwellings allowed on the land.

A Covenant that restricts the number of dwellings can prove difficult for people intending to build a granny flat (Dependant Persons Unit). Whether or not a covenant restricts the construction of a DPU comes down to the way that particular document is written. If purchasing property people should always check the certificate of title for covenants and if they exist do their research into what it means.

A screw pile is a steel pipe with a steel helix that is ‘drilled’ into the ground with an excavator. When the pile has reached a specified torque rating the pile is capable of bearing the weight of the structure.

A Bushfire Attack Level (BAL) is a way of measuring the severity of a building’s potential exposure to ember attack, radiant heat, and direct flame contact.

There are six BAL’s that form part of the Australian Standard for construction of buildings in bushfire prone areas:

BAL-LOW (no additional construction requirements)
BAL-12.5
BAL-19
BAL-29
BAL-40
BAL-FZ (Flame Zone)

Most properties in metropolitan Melbourne are classified as BAL-LOW, and no additional construction requirements would be necessary.

Towards the outskirts of the city and in regional areas, designated bushfire areas are common, and the minimum BAL is 12.5.

Bushfire Management Overlays (BMO’s) are established in more hazardous bushfire areas by local councils. The construction of a building in a BMO area requires a planning permit and often have high Bushfire Attack Levels.

Recent changes to the National Construction Code include:
– Ramp access to entries
– Walk-in showers
– Wider internal doors and hallways
– 7-star energy rating requirements