Dual occupancy rules in Wyndham
Building a dual occupancy in Wyndham? Wyndham City Council applies the Victoria planning framework. Here's what that means locally — plus the overlays worth checking on your specific block.
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 | Mandatory in the Neighbourhood, General and Residential Growth zones: 25 percent for lots 400-500 m², 30 percent for 501-650 m², 35 percent above 650 m². Lots of 400 m² or less are exempt. |
| 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 always required. 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. |
Heritage, flood and bushfire controls on your specific lot can remove the fast-track and require a full application — even when the general rules say you're fine.
Dual occupancys in Wyndham
Wyndham City Council is the authority for Wyndham in West Melbourne. The statewide Victoria rules above set the baseline; the council can apply extra local controls, and heritage, flood or bushfire overlays on your lot can change what's allowed.
Frequently asked questions
Do I need council approval for a dual occupancy in Wyndham?
Usually yes. In Victoria, a dual occupancy generally needs an application, and Wyndham City Council is the authority that assesses it. See the full state rules for the pathway and what's required.
Which council approves a dual occupancy in Wyndham?
Wyndham City Council is the consent authority for Wyndham (West Melbourne). You can review local planning controls on the council website and lodge through your state planning portal.
What is the minimum land size for a dual occupancy in Victoria?
There is no statewide minimum. What binds is the mandatory garden area - 25 to 35 percent on lots over 400 m² - 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.
Sources
- Townhouse and Low-Rise Code - Planning Victoria ↗
- Faster approvals for two homes on a lot and subdivisions - Planning Victoria ↗
- VicSmart permits - Planning Victoria ↗
Related building rules
General guidance only — not professional planning advice. Local requirements in Wyndham can differ from the statewide summary and change over time; always confirm with Wyndham City Council before starting work. Last reviewed: July 2026.
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