Rooming House

Overview

A rooming house is a building in which there are one or more rooms available for occupancy on payment of rent and four or more people live there. 

Rooming houses provide accommodation for vulnerable and disadvantaged members of the community who are unable to attain a tenancy through the increasingly competitive and expensive private rental market. 

Owners must comply with laws that aim to protect public health and safety, ensuring reasonable standards of hygiene, sanitation and maintenance. This includes meeting Council’s building, planning and health requirements. 

I want to operate a rooming house, what are the requirements? 

Before operating a rooming house, you are required obtain approval from several areas including: 

  • Planning 
  • Building 
  • Health 
  • Consumer Affairs Victoria 

The detailed requirements for each area are outlined below. 

Planning

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

Zoning

The use and development of land for a rooming house generally does not require planning approval in Frankston provided it meets the requirements of Clause 52.23 of the Frankston Planning Scheme. The requirements include: 

  • 9 or less bedrooms 
  • 12 or less residents 
  • a total floor area of less than 300 square metres. 

If the requirements of Clause 52.23 are not met, then a planning permit may be required. 

Overlays 

Under some overlays, such as the Heritage Overlay, Bushfire Management Overlay, Special Building Overlay and Erosion Management Overlay, a planning permit is required for a rooming house. 

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

Before operating a rooming house, you should obtain formal advice in writing that no planning permit is required, please see Request planning information for a property. 

Building

A building permit is always required for a rooming house.  

The Building Regulations set out the siting design, and access requirements for a rooming house. 

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 Building and Plumbing Commission’s website

You can obtain a building permit from Council or alternatively engage a Private Building Surveyor. The Building and Plumbing Commission’s website provides further information in relation to appointing a building surveyor as well as a register of building practitioners to contact. 

Health

Under the Public Health and Wellbeing Act 2008, a rooming house must be registered with Council where there are four or more occupants. 

Council’s Health team respond to complaints and conduct annual inspections of registered rooming houses to enforce the Public Health and Wellbeing Regulations 2019, which are designed to protect the health and wellbeing of the occupants. The regulations relate to: 

  • Number of occupants (with maximum number determined by the floor area, number of toilets and bathing facilities and length of stay) 
  • Bedroom size (minimum floor space of 7.5 square metres for one occupant) 
  • Toilet and bathing facilities 
  • General cleanliness and maintenance 
  • Rubbish collection 
  • Pest control 
  • Water supply 

Please refer to Health Wellbeing and Accommodation Businesses - Frankston City Council to register your rooming house.  

Other Council Approvals

Onsite Wastewater Management Systems (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 rooming house with plumbing fixtures (sinks, toilet, basins, showers, etc.) 
  • Add additional rooms to your existing rooming house 
  • 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, Stormwater Drainage and Vehicle Crossings 

  • 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 from Council, Southeast Water or other authorities. Please contact the relevant authority for the asset for advice if you will be building a structure over an easement. 

Should I review my title?

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

What if I need to remove vegetation to construct the rooming house?

Consumer Affairs Victoria (CAV)

In addition to complying with Council requirements, rooming house proprietors must: 

  • meet Consumer Affairs Victoria’s ‘Minimum Standards’ and 
  • have a Rooming House Operator’s License.  

For more information, please visit the CAV website

I live in a rooming house 

Before you sign an agreement, you should check that the rooming house is registered with Consumer Affairs Victoria

If you think your rooming house does not meet the minimum standards, you should contact Consumer Affairs Victoria

If your issue is related to health and wellbeing standards, you should Contact Us - Frankston City Council