Victoria no longer requires a separate access path for a small second dwelling. The planning standard was deleted by amendment VC306 on 15 October 2026, and the matching building regulation, regulation 86B, was revoked on 27 October 2026. Before that, a design that could not provide the path from the street had to go to the council for report and consent, which added weeks to the building permit.*
What the old rule did
Under the 2023 rules, a small second dwelling needed an access path from the front street. Where the path could not be provided as the regulation set out, the building surveyor could not issue the permit until the council gave its report and consent. On tight or narrow lots this was often the step that held a project up.
What applies now
- Planning: Clause 54.03-5 (Safety and accessibility for small second dwellings) has been deleted, and the residential zones no longer refer to it (VC306, 15 October 2026).
- Building: regulation 86B has been revoked (S.R. No. 174/2026, 27 October 2026), so there is no access path report and consent.
- Still in place: the second home must be set back behind the front wall of the existing house (regulation 74A) and must have private open space (regulation 86A). If a design does not meet either, council report and consent is still required.
If you had an application in progress
If a report and consent application was lodged only because of the access path, ask your building surveyor whether it is still needed under the regulations in force from 27 October 2026. Practical access for delivery, services and everyday use still matters: it just is no longer a separate consent trigger. With a modular home, the truck and crane access is checked in Step 1 anyway, because the modules have to reach the set-down point.
Next step
In Victoria, design, building permit documentation and construction for a home are contracted by our sister company DST Project Management and Construction Pty Ltd, registered domestic builder CDB-U 72187. You can also build with your own registered builder using our bill of quantities. See the 80 m2 change and our Domestic Program.
Frequently asked questions
Does a small second dwelling in Victoria still need an access path?
No separate access path is required. The planning standard (Clause 54.03-5) was deleted on 15 October 2026 and building regulation 86B was revoked on 27 October 2026.
Is council report and consent still needed for a granny flat?
Only where the design does not meet the front wall setback (regulation 74A) or the private open space requirement (regulation 86A), or another siting regulation that calls for it. Your building surveyor confirms.
When did the change take effect?
Planning: 15 October 2026 (VC306). Building: 27 October 2026 (Building Amendment (Small Second Dwellings) Regulations 2026, S.R. No. 174/2026).
Sources
- Victoria Planning Provisions Amendment VC306, Explanatory Report and Clause 73.03, gazetted and in force 15 October 2026 (Department of Transport and Planning).
- Building Amendment (Small Second Dwellings) Regulations 2026, S.R. No. 174/2026, and Building Amendment (Siting and Other Matters) Regulations 2026, S.R. No. 173/2026, both commenced 27 October 2026; Building Regulations 2018, version 032, regulations 5(4), 5(5), 74A and 86A (legislation.vic.gov.au).
This is general information, not legal advice. Your council and building surveyor confirm the rules for your lot.
Send your address and a photo of the site to prebuilt@ecoprestige.com.au. Send your enquiry first so you’re fully informed.
*Rules vary by state and council. Design and building work is carried out by the licensed or registered practitioner your state requires. In Victoria, design, building permit documentation and construction for a home are contracted by our sister company DST Project Management and Construction Pty Ltd, registered domestic builder CDB-U 72187.