Planning Permit Rescode Guide

How-to guide · Supporting Dual Occupancy

Dual occupancy planning permits in Victoria

Putting a second dwelling on a residential lot is a planning decision before it is a building one. Here is how Clause 55 and the new Townhouse and Low-Rise Code decide your path, and where neighbours can still object.

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In brief

In Victoria, a dual occupancy (two dwellings on a single residential lot) is a planning decision first. Most lots in the General Residential Zone, Neighbourhood Residential Zone and Residential Growth Zone need a planning permit for two or more dwellings.

Since 31 March 2025 those applications are assessed under the reformed Clause 55 and the Townhouse and Low-Rise Code. This guide explains the pathway, what deemed-to-comply means for you, and where neighbours can still object.

Key takeaways

  • 1Two or more dwellings on one lot almost always need a planning permit in Victoria, assessed under Clause 55 of the planning scheme.
  • 2The Townhouse and Low-Rise Code (Amendment VC267) commenced on 31 March 2025 and added a deemed-to-comply pathway for two or more dwellings and buildings up to three storeys.
  • 3If a design meets every applicable Clause 55 standard, the objectives are deemed met and the application is exempt from objector (third-party) appeals at VCAT.
  • 4Overlays such as heritage, flooding or design and development still trigger their own permit and keep appeal rights for those matters.
STEP 1

1. When you need a planning permit

Two or more dwellings on a lot in the GRZ, NRZ and RGZ generally require a planning permit under Clause 55 of the planning scheme.

A single dwelling on a small lot is assessed under Clause 54 instead; a dual occupancy is the two-or-more pathway under Clause 55.

Overlays such as heritage, flooding, significant landscape or a design and development overlay can add their own permit triggers on top.

Confirm your zone, lot size and overlays on VicPlan before you design anything.

STEP 2

2. The Townhouse and Low-Rise Code and deemed-to-comply

The Townhouse and Low-Rise Code commenced on 31 March 2025 under Amendment VC267.

It turns many Clause 55 objectives into measurable deemed-to-comply standards, including street setbacks, site coverage on a sliding scale, mandatory tree canopy (10% for sites up to 1,000 square metres, 20% for larger sites) and dwelling diversity for more than 10 dwellings.

If your design meets every applicable standard, the objectives are deemed met, the council does not weigh broader policy against it, and the application is exempt from third-party (objector) appeals at VCAT.

Miss any single standard and the application reverts to a standard assessment, where policy and objector appeal rights apply again.

STEP 3

3. Notification, objections and timing

Under the standard pathway, neighbours are notified and can object, and the council weighs those objections before deciding.

Under the deemed-to-comply pathway, objector appeal rights are removed for the Clause 55 matters, which is the reform's biggest practical change.

Overlay matters such as heritage or flooding keep their own appeal rights even when Clause 55 is deemed-to-comply.

A dual occupancy planning permit commonly takes a few months; a clean deemed-to-comply design is the fastest route through.

FAQs

Almost always. Two or more dwellings on a lot in the residential zones require a planning permit under Clause 55. The only way to be sure of your situation is to check your zone, lot size and overlays on VicPlan and confirm with your council duty planner.
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