Small second dwellings

A small second dwelling is a building:

• with a floor area of 60 square metres or less
• on the same lot as an existing dwelling
• used as a self-contained residence.

It must include:

• a kitchen sink 
• food preparation facilities
• a bath or shower, and 
• a toilet and wash basin.

Planning permits – when is one needed

In Nillumbik, you may need a planning permit for a small second dwelling if your land is covered by any of the following planning controls:

• Rural Conservation Zone
• Green Wedge Zone
• Environmental Significance Overlay
• Significant Landscape Overlay
• Design and Development Overlay
• Bushfire Management Overlay
• Land Subject to Inundation Overlay
• Special Building Overlay
• Heritage Overlay

Talk to us

If your property is affected by any of the planning controls listed above, contact Council’s Planning Services to discuss whether a planning permit is required.

Title controls

If your land is affected by a covenant or Section 173 Agreement, it might prohibit or restrict the construction of a small second dwelling.

In the Residential Zones listed below, a planning permit is not required for a small second dwelling subject to meeting certain requirements specified in the relevant zone to your property.

• Neighbourhood Residential Zone
• General Residential Zone
• Township Zone
• Mixed Use Zone
• Low Density Residential Zone

Answers to commonly asked questions

• Only one small second dwelling can be constructed on the land.
• No subdivision is allowed involving a small second dwelling. It must remain on the same title as the main dwelling.  
• It can be rented to a person not related to the occupants of the main dwelling.
• A small second dwelling can be a permanent building, it does not need to be movable.

Dependent Persons Units no longer exist in the Planning Scheme 

In 2023 the new land use term ‘small second dwelling’ was introduced to the Planning Scheme by the Victorian Government. This coincided with the deletion of the land use term ‘dependant persons unit’ or DPU. We can no longer accept or consider a planning permit application that proposes a DPU. Find out more about small second homes from the Department of Transport and Planning website.