Tiny Home Regulations in Victoria

Overview

Victoria’s regulatory landscape for tiny homes is shaped primarily by the Planning and Environment Act 1987 and the Building Act 1993. Unlike New South Wales, which offers a relatively streamlined complying development pathway for secondary dwellings, Victoria’s planning system is more council-dependent — meaning your experience can differ significantly depending on where you want to live. That said, several Victorian councils have taken a progressive stance on small dwellings, and the state has produced some of Australia’s most notable tiny home pilot programmes.

Disclaimer: This guide is for general informational purposes only and does not constitute legal, planning or building advice. Regulations change frequently and vary between council areas. Always verify current requirements with your local council before proceeding.

Governing Legislation and Planning Framework

Planning in Victoria is administered under the Planning and Environment Act 1987. Each municipality operates under the Victoria Planning Provisions (VPP), which establish a consistent framework of zones, overlays and particular provisions that local councils adopt and tailor through their own planning schemes.

For tiny home owners, the most relevant provisions are those dealing with dwellings, secondary dwellings (sometimes called dependant person’s units or granny flats) and caravan occupation. Whether you need a planning permit — and what type — depends on your zone, overlays, the type of dwelling and your council’s specific schedule.

VicSmart

Victoria’s VicSmart process offers a faster, streamlined planning permit pathway for straightforward applications. Some secondary dwelling proposals may qualify for VicSmart assessment, which typically involves shorter processing times (10 business days) and reduced documentation requirements. However, eligibility depends on your council’s planning scheme and the specifics of your proposal, so check with your local authority before assuming your application qualifies.

Secondary Dwellings

Victoria allows secondary dwellings on residential land, but the rules are less uniform than in some other states. Depending on your council’s planning scheme, a secondary dwelling may be referred to as a “dependant person’s unit,” a “granny flat” or simply a second dwelling on a lot. For a detailed comparison of these dwelling types, see our guide on tiny homes versus granny flats.

Most councils require a planning permit for a secondary dwelling. The assessment is generally carried out against the ResCode standards — specifically Clause 54 (one dwelling on a lot) or Clause 55 (two or more dwellings on a lot) of the Victoria Planning Provisions. These clauses set out objectives and standards covering:

• Street setback and building height
• Site coverage and permeability
• Side and rear setbacks
• Walls on boundaries
• Private open space
• Overlooking and overshadowing
• Car parking provision
• Front fence height

There is no single state-wide maximum size for secondary dwellings as there is under the NSW complying development pathway. Instead, the allowable size is determined by your zone, lot size, site coverage limits and the ResCode standards. Minimum lot sizes also vary by zone and overlay, so it is essential to review your council’s planning scheme early in the process.

Tiny Homes on Wheels (THOWs)

In Victoria, a tiny home on wheels is generally classified as a caravan under the Residential Tenancies Act 1997 and relevant local laws. This classification has significant implications for how and where you can live in a THOW. To understand the differences between THOWs and fixed tiny homes, see our guide on types of tiny homes.

Under most council local laws, a caravan may be occupied on private residential land for a limited period — typically 28 days — without a permit. Beyond that period, you will generally need a specific permit from your local council to continue living in the structure. Penalties can apply for extended unauthorised occupation.

If you wish to live in a THOW long-term, your main options in Victoria are:

1. Obtain a council permit for extended caravan occupation on private land (availability varies widely between municipalities)
2. Place the THOW in a licensed caravan park or residential park that permits long-term residents
3. Explore progressive councils that have specific provisions or trial programmes for THOWs

The Surf Coast Shire THOW Trial

The Surf Coast Shire, located along Victoria’s iconic Great Ocean Road, has become one of the most talked-about councils in the Australian tiny home community. The shire introduced a trial programme allowing residents to obtain permits for permanent THOW living on private land, making it one of the few local government areas in the country with an explicit pathway for this style of housing.

The programme was developed in response to housing affordability pressures in the region and reflects a growing recognition that alternative dwelling types can form part of the housing solution. Other councils, including Hepburn Shire and Yarra Ranges Shire, have also shown progressive attitudes towards small and alternative dwellings, though formal programmes vary. If you are considering a THOW in Victoria, these municipalities are worth investigating early on.

Building Regulations

Any fixed dwelling intended for permanent habitation in Victoria must comply with the Building Act 1993 and the Building Regulations 2018, administered by the Victorian Building Authority (VBA). A building permit is required before construction can commence.

NCC and BCA Compliance

All habitable buildings must meet the requirements of the National Construction Code (NCC), which incorporates the Building Code of Australia (BCA). Key compliance areas include:

• Structural adequacy
• Fire safety and resistance
• Access and egress
• Waterproofing and damp-proofing
• Energy efficiency (Section J / NatHERS rating)
• Amenity (light, ventilation, ceiling heights)

Registered Builder Requirement

In Victoria, domestic building work valued over a prescribed threshold must be carried out by a VBA-registered builder. This is a legal requirement, and the builder must provide domestic building insurance (also known as builder’s warranty insurance) for works above the relevant value. When choosing a builder, ensure they hold current VBA registration and appropriate insurance. Our builder directory can help you find registered tiny home builders operating in Victoria.

Key Council Variations

Victoria has 79 local government areas, and planning scheme provisions can vary meaningfully between them. Councils that have been noted as more receptive to tiny home and alternative dwelling proposals include:

• Surf Coast Shire — Active THOW trial programme with explicit permit pathways
• Hepburn Shire — Supportive stance towards small and sustainable housing
• Yarra Ranges Shire — Progressive approach to rural and semi-rural alternative dwellings

However, even within these councils, outcomes depend on your specific site, zone and proposal. Always engage with your council’s planning department before committing to a purchase or build.

Key Contacts

• Your local council: For planning enquiries, local law information and permit applications
• Victorian Building Authority (VBA): For building permit information and registered builder searches
• Department of Transport and Planning (Victoria): For state-level planning policy and the Victoria Planning Provisions
• Consumer Affairs Victoria: For information on residential tenancies and caravan park regulations

Frequently Asked Questions

Can I put a THOW on my property in Victoria?

Under the Residential Tenancies Act, a THOW is classified as a caravan. You can generally park one on your property for up to 28 days without a permit, though this varies by council. For longer-term occupation, you’ll need council approval. The Surf Coast Shire is an exception — they’re running an active trial program that issues permits for permanent THOW living. Hepburn and Yarra Ranges shires are also considered more progressive on this issue.

What is the Surf Coast Shire THOW trial?

The Surf Coast Shire launched a trial program allowing tiny homes on wheels to be occupied permanently on private residential land through a planning permit process. It’s one of the most progressive approaches to THOW regulation in Australia. The trial assesses applications on a case-by-case basis, considering amenity, site suitability, and neighbourhood impact. If you’re in the Surf Coast area, contact the council directly about applying.

Do I need a building permit for a tiny home in VIC?

For a fixed dwelling — yes. Any fixed structure intended for habitation requires a building permit under the Building Act 1993, must comply with the NCC/BCA, and must be built by a VBA (Victorian Building Authority) registered builder. For a THOW classified as a caravan, building permits don’t apply, but you still need to comply with council local laws regarding caravan occupation.

Can I build a granny flat in Victoria?

Yes, but Victoria’s secondary dwelling provisions are more complex than NSW’s. Victoria doesn’t have a straightforward statewide complying development pathway for secondary dwellings. Instead, you typically need a planning permit assessed against ResCode standards (Clauses 54 and 55 of the Victoria Planning Provisions). Some councils offer the VicSmart fast-track process for straightforward applications. Requirements for lot size, setbacks, and site coverage vary by zone and overlay.

How do I find out what my VIC council allows for tiny homes?

Start with your council’s planning department — most offer a free pre-application meeting where you can discuss your proposal before lodging anything. Check the Victoria Planning Provisions online for your property’s zoning and overlays. Councils like Surf Coast, Hepburn, and Yarra Ranges are known to be more receptive to tiny home proposals. The ATHA local laws tracker also maintains council-by-council information.

Next Steps

Before committing to a tiny home in Victoria, we recommend the following steps:

1. Identify your intended property and confirm its zoning and any applicable overlays through your council’s online planning tools or VicPlan
2. Determine whether your proposal is a fixed dwelling (requiring a planning permit and building permit) or a THOW (subject to caravan occupation rules)
3. Contact your council’s planning department to discuss your proposal informally — this is especially important in Victoria given the council-to-council variation
4. If pursuing a fixed dwelling, engage a building designer or architect familiar with ResCode and small dwelling design
5. If pursuing a THOW, investigate whether your council has any specific provisions, permits or trial programmes for extended caravan occupation

Once you have clarity on your pathway, browse our builder directory to find experienced tiny home builders in Victoria who can help bring your project to life.