Tiny House, Granny Flat or Bed and Breakfast

FAQ

Response

Can I put a tiny house on my property?

Whether a planning permit is required for a ‘tiny house’ will depend on several factors.

This includes the makeup of the tiny house. If the tiny house includes; a kitchen sink, food preparation facilities, a bath or shower, and a toilet and wash basin, it may be considered to be a dwelling. A planning permit may be required for a small second dwelling under the zones and overlays.

If the tiny house is for a dependent person, a planning permit may not be required.

If the tiny house is the only house on the site, it would be considered the main dwelling regardless of the size.

If the tiny house does not include all the above-mentioned items, for example it does not have food preparation facilities or toilet, it might not be considered a self-contained dwelling. If this is the case, the tiny house is considered to be an outbuilding, which on most residentially zoned land does not require a permit unless there is an overlay.

A tiny house on wheels is not considered a 'building', due to the being a registered vehicle. A tiny house on wheels may not be permitted. 

It is recommended that you contact the planning department directly about your proposal.

Can I rent out my tiny house or have friends and family come stay?

If the tiny house is not considered to be a self-contained dwelling (i.e. self-contained and contains kitchen sink, food preparation facilities, a bath or shower, and a toilet and wash basin) it may be an outbuilding an additional bedroom for friends and family or as a Bed and Breakfast.

In most circumstances this would not typically require a planning permit.

You may also need a building permit for habitual use. You can check our Do I need a building permit? page for more information.

It is recommended that you contact council about your proposal to ensure the permit requirements can be confirmed.

Can I set up a bed and breakfast?

The common meaning of ‘bed and breakfast’ is different to the definition of a bed and breakfast within the Planning Scheme. A bed and breakfast is defined as:

‘A dwelling used, by a resident of the dwelling, to provide accommodation for persons away from their normal place of residence’.

To be classified as a bed and breakfast:

• There must be an existing dwelling;
• The dwelling must have a resident. i.e. you live in the dwelling and rent out a back bedroom or habitable room to a person on holidays.
• Must not be defined a separate or additional dwelling that (i.e. fully self-contained)

Provided the definition is met, a planning permit is not required in most zones to use the land for a bed and breakfast.

As there are exceptions to, you are encouraged to contact council about your proposal to ensure the permit requirements can be confirmed.

Furthermore, a separate council permit may be required for Short Stay Accommodation under The Public Health and Wellbeing Act 2008.

Can I put a granny flat (dependent person’s unit) on my property?

The Planning Scheme refers to a granny flat as a ‘dependent person’s unit’.

A dependent person’s unit (DPU) is defined as:

‘A movable building on the same lot as an existing dwelling and used to provide accommodation for a person dependent on a resident of the existing dwelling.’

To meet this definition, the building therefore must be:

• moveable, meaning capable of ‘designed to be moved from place to place on more than one occasion’. The building may be moveable from a modular design or small size which fits on the back of a truck.
• to provide accommodation only for a person(s) dependent on you. This may be your elderly parents or vulnerable person that is dependent on you.

If the criteria are not met, it is considered a second dwelling and will require a planning permit (Note: In a Green Wedge Zone and Rural Conservation Zone a second dwelling is prohibited).

In most cases under the Yarra Ranges Planning Scheme (except for the Rural Conservation and Green Wedge Zones), a planning permit may not be required for a DPU, provided it is the only DPU on the lot. Note, if your land is located in the Industrial 1 and 2; and Commercial 2 Zone, a DPU is prohibited.

If your land contains Overlays (e.g. a Land Subject to Inundation Overlay, Bushfire Management Overlay or Vegetation Protection Overlay) a Planning Permit may still be required.

Do I need a Building Permit for a granny flat (dependent person’s unit)?

As a Building Permit will be required for a DPU, you will need to consult with a registered Private Building Surveyor to ensure works comply with legal requirements and to issue a building permit for you. The Victorian Building Authority website provides information on how to appoint a surveyor as well as a register of building practitioners to contact.