Tiny Homes & Small Second Dwellings

What is a Tiny Home?

The City of Greater Bendigo considers a ‘Tiny Home’ to be a moveable dwelling with wheels, constructed on a chassis (similar to a caravan), or a small, moveable (often prefabricated) dwelling pod.

Regardless of size, any dwelling that is fixed to an allotment and has services connected to it, is not considered a Tiny Home and hence, must comply with Victorian Planning Provisions, planning schemes, Building Regulations and the National Construction Code (NCC).

What is a Small Second Dwelling?

In December 2023, the Victorian Government amended the Victorian Planning Provisions, planning schemes and the Building Regulations relating to the construction of a ‘Small Second Dwelling’ in residential and rural areas.

Previously known as a Dependent Persons Unit or Granny Flat, a Small Second Dwelling is a self-contained, Class 1a residential building not exceeding 60 square meters in floor area and located on the same lot as an existing single dwelling.

Under the Victoria Planning Provisions and Building Regulations, key requirements of a Small Second Dwelling include:

  • Floor area must not exceed 60 square metres
  • Must be sited on the same allotment as an existing dwelling
  • Only one small second dwelling is permitted on the allotment
  • Used as a self-contained residence
  • Must include kitchen, bathroom, toilet and laundry facilities
  • Does not require a carparking space
  • Must not be connected to reticulated natural gas
  • Must comply with specific siting requirements
  • Can be attached, detached or a conversion
  • Must have an access path from the front street
  • Cannot be subdivided from the primary dwelling
  • Anyone can reside in it

Do I need a Planning Permit to construct a Tiny Home or Small Second Dwelling?

A Tiny Home may be exempt from requiring a Planning Permit in certain circumstances. Under City of Greater Bendigo Local Laws, it can not be used for more than 21 days per calendar year without a permit, unless it is in a registered caravan or holiday park. The City of Greater Bendigo Planning Department and Local Laws can provide further advice.

A Tiny Home is not suitable for use as a permanent residence within the City of Greater Bendigo.

For a Small Second Dwelling, the requirement for a Planning Permit is subject to the specific zoning and overlay controls applicable to the allotment and the City of Greater Bendigo Planning Department should be contacted for further advice and clarification. Generally:

  • A Planning Permit is usually not required to construct a Small Second Dwelling if the allotment is greater than 300 square meters and lies within a Residential or Rural zone
  • A Planning Permit is required to construct a Small Second Dwelling if the allotment is less than 300 square meters and lies within a Residential or Rural zone
  • A planning permit may be required to construct a Small Second Dwelling in other zones and/or when the allotment is impacted by certain overlays
  • A Small Second Dwelling must also comply with any covenants, building envelopes and/or other restrictions as may be recorded on the Title of the allotment.

Do I need a Building Permit to construct a Tiny Home or Small Second Dwelling?

A Tiny Home is not considered a building and therefore, does not require a Building Permit.

A Building Permit is always required to construct a Small Second Dwelling. Undertaking building work without a permit is a serious offense and punishable by law.

A Small Second Dwelling is classified as a Class 1a residential building under the National Construction Code (NCC) and must meet all the specific applicable criteria before a Building Permit can be issued. Works must not commence until a Building Permit has been obtained.

A Building Permit:

  • Ensures the building complies with the Building Act 1993, Building Regulations 2018 and the National Construction Code (NCC)
  • Ensures minimum standards for safety and amenity are achieved
  • Requires adequate and accurate documentation is prepared for the works to be undertaken correctly
  • Authorises construction and approves the commencement of works in accordance with approved plans
  • Necessitates mandatory inspections at critical stages of the construction
  • Protects consumers by ensuring that engaged building professionals are registered, insured and accountable
  • Mandates the issuing of relevant certificates on completion to confirm the building’s suitability for occupation

A Building Permit is issued by a Relevant Building Surveyor (RBS), once they are satisfied the proposed work complies with legislation and regulations. Building work must not commence until a Building Permit has been issued.