PLANNING REFORMS
NEW VICTORIAN PLANNING INITIATIVES
2026 marks the biggest shift in Victorian housing policy in decades. Whether you are looking to add a single dwelling to your backyard or develop a multi-unit townhouse site, the rules have changed in your favour.
1. Small Secondary Dwellings - The "Nook" pathway
Under the SSD Code, most dwellings under 60m² are now 'Deemed-to-Comply'.
No Planning Permit: In standard residential zones, you can often bypass the council planning process entirely as long as the design is fully compliant.
Open Tenancy: You can now legally rent these dwellings to anyone (family or private tenants).
Speed: Move straight to a Building Permit and start construction months sooner.
2. The New Townhouse & Low-Rise Code - The “Nest”, "Elevate" & "Tandem" pathway
For those looking to build two or more homes on a lot, the new Townhouse Code (introduced in 2025 and refined in 2026) provides a fast-track for quality design.
30-Day Approvals: Compliant townhouse projects now have a streamlined 30-day approval timeframe.
No VCAT Appeals: If your design meets the 'Deemed-to-Comply' standards (such as our pre-architected models), third parties can no longer block your project at VCAT.
Increased Yield: New standards for setbacks and site coverage allow for better land utilisation while maintaining 7.5-star energy efficiency.
FAQs - NOOK (GRANNY FLATS)
Q: Can I rent out my Expandabode Nook to anyone?
A: Yes! Unlike the old 'Granny Flat' rules that expired in 2025, the new 2026 laws allow you to rent to anyone - family or private tenants.
Q: Does the 60m² limit include porches or decks?
A: No, the 60m² limit applies to the internal 'Gross Floor Area'. We can often add outdoor spaces to enhance your living area.
Q: Why can't I have gas in my new dwelling?
A: To meet the new 2026 sustainability standards, all new secondary dwellings in Victoria must be all-electric (no reticulated gas). In line with 2026 sustainability standards, all Expandabode models are 100% electric, designed for 7.5-star thermal performance and solar-ready roofs
Q: Can I subdivide the block later?
A: No, the SSD must remain on the same title as the main house. If you want to subdivide, our 'Tandem' model and a standard Dual-Occ pathway is required.
Q: Do I need a building permit?
A: Yes, all secondary dwellings still require a building permit.
FAQs - NEST, ELEVATE, TANDEM
Q: Can I build two full sized townhouses under the new 2026 rules?
A: Yes. The new Townhouse and Low-Rise Code specifically streamlines 'Dual Occupancy' (two homes on a lot). While a planning permit is still required, the process is now objective - if you meet the standards, the permit must be issued.
Q: What is the 'Deemed-to-Comply' pathway?
A: It is a 'Yes in my Backyard' initiative. If your design meets the state’s set standards for setbacks, height, and overshadowing, the council cannot refuse the application based on subjective 'neighbourhood character' or neighbour objections. The compliance aspects are still rigid and complex and require careful coordination with existing site and neighbouring aspects to ensure all standards are met.
Q: Will my Expandabode automatically comply with 2026 rules?
A: Not necessarily. While the new laws create a "fast-track," they are strictly binary: your project either meets 100% of the standards or it defaults to the slow, traditional approval loop.
We navigate three critical layers to keep your project on the fast path:
The 60m² Limit: Small Secondary Dwellings (SSDs) must be strictly 60m² or less and 100% electric to bypass a Planning Permit.
The 34 Technical Standards: Larger projects (like our Elevate or Tandem models) must meet over 30 objective standards - from tree canopy coverage to solar access - to qualify for the 30-day "Deemed-to-Comply" stream. Existing conditions can have a huge impact on whether all these standards can be met.
Hidden requirements: Title covenants and overlays (Heritage, Bushfire, Rural, or Flood) can "switch on" permit requirements even for the smallest units.
The Architect Advantage: Every site is a unique puzzle. If a standard is difficult to meet due to a slope or a neighbour's window, we don't hit a dead end. As Registered Architects, we identify these friction points during your Feasibility Audit and design "Performance-Based" solutions with the aim to secure your approval without the potential planning delays.
LET’S WORK TOGETHER
Require more information on how you might be able to develop your property?
Apply for our Free Introductory Guide to Detached Secondary Dwellings via button below