Dual occupancy rules in Victoria (2026)
Usually yes, with a planning permit. Victoria sets no statewide minimum lot size for a second dwelling, but the mandatory minimum garden area and the Townhouse and Low-Rise Code standards mean most successful dual occupancies sit on lots of roughly 500 m² or more.
Allowed in residential zones with a planning permit, subject to garden area and ResCode
Usually yes, with a planning permit. Victoria sets no statewide minimum lot size for a second dwelling, but the mandatory minimum garden area and the Townhouse and Low-Rise Code standards mean most successful dual occupancies sit on lots of roughly 500 m² or more.
Key rules at a glance
| Minimum lot size | No statewide minimum. Practically around 500-600 m² to fit two dwellings and still meet garden area (indicative - driven by garden area, setbacks and open space rather than a mapped number). |
| Minimum garden area | Applies in the General Residential and Neighbourhood Residential zones only: 25 percent for lots of 400-500 m², 30 percent above 500 and up to 650 m², 35 percent above 650 m². Lots under 400 m² are exempt, and there is no garden area requirement in the Residential Growth, Mixed Use, Township or Housing Choice and Transport zones. |
| Assessment code | Clause 55, now the Townhouse and Low-Rise Code, which introduced deemed-to-comply standards on 31 March 2025 under Amendment VC267. |
| Approval pathway | Planning permit required, except for a small second dwelling of 60 m² or less on a lot of 300 m² or more. VicSmart 10 business day pathway if all deemed-to-comply standards are met, otherwise a standard advertised application. |
| Maximum height | Mandatory 11 m and 3 storeys in the General Residential Zone; 9 m and 2 storeys in the Neighbourhood Residential Zone (indicative - zone schedules vary). |
| Can it be subdivided or strata titled? | Yes, through a separate two-lot subdivision permit. Since 16 October 2025 an eligible two-lot subdivision can also use the 10 business day VicSmart pathway. A public open space contribution is normally payable. |
| Typical timeframe | 10 business days under VicSmart; commonly 4-8 months for a standard advertised application. |
| Zones permitted | Dwelling is a Section 1 use in the General Residential (GRZ), Neighbourhood Residential (NRZ), Residential Growth (RGZ), Mixed Use (MUZ), Township (TZ) and Housing Choice and Transport (HCTZ) zones, including their schedules. Clause 32.08-7 then requires a planning permit to construct two or more dwellings on a lot, or a further dwelling where one already exists. In the Low Density Residential, Rural Living, Farming and Rural Activity zones a second dwelling is a Section 2 use with its own servicing tests. |
Conditions & eligibility
- The land must be in a zone where a second dwelling on a lot is permitted with a permit - most residential zones qualify.
- In the General Residential and Neighbourhood Residential zones the minimum garden area must be met on lots of 400 m² or more; a permit cannot be granted if it is not.
- Every deemed-to-comply standard in the Townhouse and Low-Rise Code must be met to use the fast VicSmart pathway.
- Overlays such as Heritage, Design and Development, Bushfire Management and Land Subject to Inundation add permit triggers and usually rule out VicSmart.
- The Low Density Residential Zone is excluded from the VicSmart dual occupancy pathway.
- Subdividing the land into two titles is a separate permit from the permit to build the dwellings.
Heritage, flood, bushfire and environmental controls on your specific lot can remove the fast-track and require a full application — even when the general rules say you're fine.
How approval works in Victoria
A planning permit is required to construct a second dwelling on a lot in the General Residential, Neighbourhood Residential, Residential Growth, Township, Mixed Use and Housing Choice and Transport zones, and the design is assessed against Clause 55. The exception is a small second dwelling - 60 m² gross floor area or less on a lot of 300 m² or more - which needs no planning permit at all. Since Amendment VC288 took effect on 16 October 2025, an application for two dwellings on a lot outside the Low Density Residential Zone that meets every deemed-to-comply standard can go through VicSmart - a 10 business day decision with no public notice and no third party appeal rights. Anything relying on council discretion goes through the standard advertised permit process.
Councils apply local schedules to the residential zones that vary setbacks, height and neighbourhood character expectations, so two similar lots in different municipalities can get very different outcomes.
Dual occupancy rules by council in Victoria
Local councils apply the Victoria framework and can add their own controls. Pick your council:
Frequently asked questions
What is the minimum land size for a dual occupancy in Victoria?
There is no statewide minimum. What binds is the garden area requirement - 25 to 35 percent on lots of 400 m² or more in the General Residential and Neighbourhood Residential zones - plus setbacks, private open space and car parking under the Townhouse and Low-Rise Code. In practice most dual occupancies are built on lots of about 500 m² and up, although well-designed schemes do succeed on smaller lots in the General Residential and Residential Growth zones.
Can I subdivide a dual occupancy in Victoria and sell the two homes separately?
Yes. Building the two dwellings and subdividing the land are separate permits, and it is common to build first then subdivide. Since 16 October 2025 an eligible two-lot subdivision can be decided in 10 business days under VicSmart. A public open space contribution is usually payable to the council at subdivision.
Do I need a planning permit for two dwellings on one block in Victoria?
Almost always. A full second dwelling needs a planning permit in the residential zones, and the real question is which pathway: a 10 business day VicSmart decision with no neighbour notification if you meet every deemed-to-comply standard, or a standard advertised application if you rely on council discretion. The exception is a small second dwelling - 60 m² or less on a lot of 300 m² or more - which needs only a building permit.
Sources
- Townhouse and Low-Rise Code - Planning Victoria ↗
- Faster approvals for two homes on a lot and subdivisions - Planning Victoria ↗
- VicSmart permits - Planning Victoria ↗
- Victoria Planning Provisions clause 32.08 General Residential Zone ↗
Related building rules
This is general guidance, not professional planning advice. Figures are summarised from the sources above and can change — confirm with your council or the Planning Victoria before starting work. Last reviewed: July 2026.
Talk to a town planner in Victoria
This page covers the general rules. A qualified town planner can tell you what applies to your actual block — the zone, the overlays and the approval path — before you spend money on drawings.
- Qualified, practising town planners
- Advice on your property, not a generic rule
- No cost, no obligation