Building a small second dwelling (granny flat)

The Frankston Planning Scheme refers to a granny flat as a ‘small second dwelling’ or previously ‘dependent persons unit.’

A small second dwelling is defined as:

A building with a gross floor area of 60 square metres or less, on the same lot as an existing dwelling and used as a self-contained residence, which must include:

a) a kitchen sink;

b) food preparation facilities;

c) a bath or shower; and

d) a toilet and wash basin.

To meet this definition the building must therefore be:

• Located on the same lot as an existing lawful dwelling
• Have a gross floor area of a maximum of 60m2
• Be used as a self-contained residence.

Gross floor area

Gross Floor area is  defined as the total floor area of a building, measured from the outside of external walls or the centre of party walls, and includes all roofed areas.

The planning requirements depend on the zoning and overlay controls on your land. Please refer to VicPlan to confirm your zone and overlays.

Zoning

In the General Residential Zone, a small second dwelling must also meet the following requirements:

• Must be no more than one dwelling existing on the lot.
• Must be the only small second dwelling on the lot.
• Must not be connected to a reticulated natural gas supply.

In the General Residential Zone, a planning permit is not required to construct or extend a small second dwelling on a lot of greater than 300 square metres.

This means that you will require a planning permit for a small second dwelling if your lot is less than 300 square metres.

For all other zones, please refer to the Frankston Planning Scheme or call us on 1300 322 322.

A small second dwelling must also comply with any restrictions on the title of your land (such as covenants or building envelope/siting requirements (see ‘should I review my title’ below).

Overlays

Under some overlays, such as the Heritage Overlay (in some cases), Bushfire Management Overlay, Special Building Overlay and Erosion Management Overlay, a planning permit is required for a small second dwelling.

Please refer to the Frankston Planning Scheme or call us on 1300 322 322.

To obtain formal advice in writing that no planning permit is required for your small second dwelling, please see Request planning information for a property.

A Building Permit is always required for a small second dwelling.

The Building Regulations set out the siting design, and access requirements for a small second dwelling.

You will need to consult with a Building Surveyor to ensure works comply with legal requirements and to issue a building permit before starting building work. Further information may be found on the Victorian Building Authority’s website.

You can obtain a building permit from Council, or alternatively engage a Private Building Surveyor. The Victorian Building Authority website provides further information in relation to appointing a building surveyor as well as a register of building practitioners to contact.

Septic Tanks

If your property is not connected to reticulated sewerage and you have an onsite wastewater management system (septic tank), you are required to complete an Application to Install or Alter Septic Tank System Permit if you make any of the following changes:

• Build a second small dwelling with plumbing fixtures (sinks, toilet, basins, showers, etc.)
• Add additional bedrooms to your existing dwelling
• Plumb additional fixtures to your existing onsite wastewater management system

This must be reviewed by the Council’s Environmental Health team. Please refer to Septic tanks for more information.

Easements

• If you plan to build a structure over an easement, you will need to apply for consent before commencing work. If it is a Council easement, please see Apply to build over an easement. The easement may contain assets either from South East Water, other authorities, or Council. Please contact the relevant authority for the asset for advice if you will be building a structure over an easement.
• You may need the location of your discharge point when applying for a building permit, please see Request location of a stormwater discharge point.
• If you need to create a new pipe connection, you may also need a drainage tapping or road reserve permit.
• You will need a permit to construct, remove, change, or upgrade a vehicle crossing. Please see Apply for a vehicle crossing permit.

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Yes, please ensure you review your Copy of Title to ensure there are no restrictions that would prohibit the construction of a small second dwelling. Please see Certificate of Title for information on how to obtain a copy. 

No. A permit cannot be granted to create a lot for a small second dwelling. Once the small second dwelling is built, a permit cannot be granted to subdivide the land.

The small second dwelling must always be on a lot with an existing dwelling. 

Please see Removing, clearing, destroying, lopping or pruning trees or vegetation.

Yes, you can rent out your small second dwelling. It is your responsibility to ensure that all relevant permit(s) have been obtained before the small second dwelling is occupied. 

The Frankston Planning Scheme, at Clause 52.04, sets out that the requirements of the planning scheme that applied to the use or development of land for a DPU before the approval dated of Amendment VC253 (being 14 December 2023) continue to apply.

Please refer to the Frankston Planning Scheme or call us on 1300 322 322.

You can confirm if there are existing planning permits on your land here Planning Application Register.

If your land is subject to an existing Planning Permit you may be required to make amendments to the endorsed plans to show any new small second dwelling proposed. Any new small second dwelling must not contravene the requirements of an existing Planning Permit.

Please call us on 1300 322 322.