Rooming House

Planning regulations relating to rooming houses are applied by the State Government in a standard form across the whole of Victoria.  These regulations differ between smaller and larger rooming houses.   

A smaller rooming house is generally exempt from requiring planning permission from Council if it meets the requirements of Clause 52.23 of the Frankston Planning Scheme as set by the State Government. The requirements include: 

• It has 9 or less bedrooms  

• It has 12 or less residents  

• It has a total floor area of less than 300 square metres.  

If a rooming house meets these requirements: 

• There is no requirement to obtain a planning permit from Council 

• There is no public notice of the Rooming House or advice to neighbours 

• There is no ability for neighbours to object or oppose the Rooming House in a regulatory process 

• There is no ability for Council to stop the Rooming House establishing under planning law. 

Most rooming houses are designed to meet the exemptions from planning regulation.  However, where larger rooming houses are proposed which do not comply with the exemptions above, then a planning permit may be required.  In this circumstance Council will usually provide notice to neighbours and consider any objections received. The planning permit process is outlined here Planning permit application process - Frankston City Council 

In addition to meeting the state standard Planning requirements, a rooming house must also comply with the Building Act and Building Regulations. These regulations require that rooming houses are appropriately constructed to ensure safety of occupants.  

Under State Government laws, a Building Permit and Occupancy Certificate may be obtained from a Private Building Surveyor – it is not required to obtain a Building Permit from Council.   

The Building Regulations do not provide an opportunity for community comment or objection to a rooming house. 

In addition to planning and building regulations, under the Public Health and Wellbeing Act 2008, a rooming house must be registered with Council where there are four or more occupants.  

The process for registration of a Rooming House, as set out by State Government law, involves Council inspecting the rooming house to ensure that it provides a suitable form of accommodation for the health and safety of residents of the rooming house.  

The process for registration does not involve neighbours or provide an opportunity for neighbours to comment or object. 

Because rooming houses do not require planning permits in most instances, in general Council does not have powers to regulate or become involved where there are concerns about amenity impacts (for example in respect of building appearance or character, litter and waste, smells and odours, or music noise).   

As with any house in a neighbourhood - significant impacts to amenity through music noise can be addressed by contacting Victoria Police. Urgent matters where there is a risk to the safety of residents, neighbours or property should be referred to Triple Zero (000). Non-urgent reports can be made to the Police Assistance Line (131 444).  

Victoria Police respond to reports of antisocial behaviour or illegal activity associated with a rooming house; this may include issues such as excessive alcohol consumption, drug use, excessive noise, violence or threatening behaviour.  

Urgent matters where there is a risk to the safety of residents, neighbours or property should be referred to Triple Zero (000). Non-urgent reports can be made to the Police Assistance Line (131 444). 

State government planning regulations set out requirements for the provision of car parking for a rooming house.  Provided that these requirements are met and spaces are available, Council does not have power to require additional parking to be provided.  If you have parking or traffic safety concerns generally, whether because of the operation of a new rooming house or not, these can be reported to Council using the options set out here: Contact Us - Frankston City Council 

Where Council becomes aware of rooming house facilities that breach public health or building safety regulations, Council will coordinate investigation and enforcement activities to achieve compliance.  You can report your concerns using the options set out here:  Contact Us - Frankston City Council 

Regulations relating to rooming houses are set by the State Government.  

Concerns about these regulations should be sent to the Department of Planning and Transport Contact the Department of Transport and Planning | vic.gov.au, or your local Member of Parliament. 

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 Contact Us - Frankston City Council

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. 

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. 

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.  

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. 

• 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. 

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.  

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

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.