Size and accessibility requirements

Ancillary dwellings are:

• Limited to 70m² of internal habitable floor area; or
• May be increased to 80m² where the dwelling has been designed for accessibility under R Codes clause 5.5.2 – C2.3 i–iv, including:
• Minimum 820mm clear door openings
• Internal corridors of at least 1200mm where there are openings on side walls
• A visitable toilet, preferably within a bathroom
• Toilet doorways with a 250mm nib wall on the handle side and capacity for grab rails
• Only one (1) ancillary dwelling is permitted on any freehold or strata lot.

The Shire cannot approve floor areas greater than 80m².

Design and siting requirements

Ancillary dwellings:

• Should use materials, colours and styles that complement the main residence, especially on properties listed on the Shire’s Local Heritage List / Survey
• Should be located as close as reasonably practicable to the main residence, while balancing privacy needs
• Must have at least one on-site car parking space
• Are no longer restricted to occupation by family members
• Must comply with Local Planning Scheme No. 4 and the R Codes where located in the Residential Zone
• May also require:
• Bushfire assessment (see below)
• Environmental assessment (see below).

Development (Planning) Approval requirements

Development (Planning) Approval is required for an ancillary dwelling when any of the following apply:

• The property is located in a bushfire prone area
• The lot is heritage-listed
• The proposal does not fully comply with the Residential Design Codes (R Codes)
• The proposal does not fully comply with Local Planning Scheme No. 4
• The development may impact native vegetation, a Local Natural Area (LNA) or a watercourse (an Environmental Asset Inspection may be triggered)
• Additional assessments are required, such as a BAL Assessment, Bushfire Management Statement, or Environmental Asset Inspection (more information is provided below).

Bushfire assessment

Because most residential and rural land in the Shire is mapped as bushfire prone, the majority of proposed Ancillary Dwellings will require Development (Planning) Approval. Applicants must engage a Bushfire Practitioner (Level 2 or 3 consultant) to complete a Bushfire Attack Level (BAL) assessment and prepare a Bushfire Management Statement (BMS). Both documents must be submitted with the planning application.

Ancillary dwellings assessed as BAL-40 or Flame Zone (FZ) may not be supported by the Shire.

To find accredited Bushfire Practitioners visit Fire Protection Association Australia. 

Environment Asset Inspection

If a lot is mapped as a Local Natural Area (LNA) or contains native vegetation or a watercourse that could be affected by development, the applicant or landowner should contact the Shire to arrange an Environment Asset Inspection. It is best practice for this inspection to be carried out at the same time as the Bushfire Practitioner undertakes the Bushfire Attack Level (BAL) assessment.

Ancillary dwellings should be sited in already cleared or degraded areas, and positioned close to the main residence to allow asset protection zones to overlap. This helps minimise the amount of vegetation modification required.

The Shire may not support development where the environmental impact is considered unacceptable.

Find out more about Environmental Asset Inspections.

Building approval requirements

A Building Permit application must be submitted to the Shire’s Building Services for approval, prior to construction and after Development (Planning) Approval is issued.

The application for the Building Permit will require structural details and engineering certification. Some planning conditions may need to be met before the Building Permit can lodged and/or issued.

Effluent disposal (septic tanks) approval requirements

In some cases, an ancillary dwelling may be able to connect to the existing onsite effluent disposal system for the main house. If this is not possible, a second system may need to be installed. An application for a second effluent disposal system is still made to the Shire but will be referred to the Department of Health for approval.

Find out more about Effluent Disposal (Septic Tanks).

Step 1. Apply for Development (Planning) Approval

To apply for Development (Planning) Approval you will need to provide details of the site and existing and proposed buildings.

The application must include: 

• Completed application form (see below), signed by all owners
• Planning application fee (refer to Planning Fees and Charges)
• A current copy of the Certificate of Title (less than 6 months old)
• A scaled site plan showing lot boundaries, all existing buildings, existing and proposed effluent disposal systems and the precise location of the proposed ancillary dwelling
• Floor plans of both the main house and proposed ancillary dwelling
• Elevations of proposed ancillary dwelling showing materials, wall height and ridge height, natural ground levels, earthworks and method of retaining (note that the appearance of ancillary dwelling must be similar to the main house, or include modifications to the main house to match the new ancillary)
• If the lot is within LPS4’s Bushfire Hazard Special Control Area, include a Bushfire Attack Level and a Bushfire Management Statement.

Development (Planning) Approval Application Form (PDF)

Step 2. Apply for a Building Permit

Submit the Building Permit prior to construction and after Development (Planning) Approval is issued.

To apply for a Building Permit you will need to include:

• Completed Building Permit - Uncertified (BA2) form
• Applicable fees (see below)
• Architectural drawings (site, floor, elevations, sections, electrical)
• Energy Efficiency Report
• Site classification
• Structural engineering details (designed and certified by a registered structural engineer)
• BAL construction specifications and certification (if applicable)
• Termite management details
• General specifications
• Home Indemnity Insurance (if works over $20,000)
• Stormwater drainage plan.

Builder requirements

• Works under $20,000: a registered builder is not required
• Works over $20,000: a registered builder is required, or apply for owner-builder approval

Separate building permits are required if owners undertake earthworks themselves.

Fees and calculator

The minimum fee payable with a Building Permit application is now $110.00.

Fees required for the issue of a Building Permit are as per Part 6 of the Building Regulations 2012.

Building Permit fees are calculated at a value of 0.32% of the estimated construction cost as determined by the local government for residential work and outbuildings, and 0.2% of the estimated construction cost for commercial and industrial work.

Construction Training Fund (CTF). This levy is only payable when the building works exceeds $20,000. CTF Levy Portal

Building Services Levy (BSL) fees for permits (building, occupancy, building approval certificates and demolition) for projects valued at $45,000 or less cost $61.65.

If the value of the work is over $45,000 the (BSL) levy will be calculated at 0.137%.

Applications for retrospective approval of unauthorised building work:

• $45,000 or less will attract a higher (BSL) levy set as a flat rate of $123.30
• More than $45,000, will be 0.274% of the value of the work.

The following document has been created to help you calculate building fees:

Building Fee Calculator (xls)

Assessment

Building Permit applications are usually assessed and approved within 10 business days.

Building Permits are sent to the builder via post.

Step 3. Submit a Notice of Completion

Under the Building Act 2011, the builder must notify the Shire that the work is completed by submitting a BA7 Notice of Completion Form.