Reference

Rooming house rules, Victoria

Every figure in the Clause 52.23 pathway with the ordinance it was read from, in one page. This is the specification behind the address check — published so it can be checked, quoted and argued with.

What this page is

A new rooming house in Victoria needs no planning permit where both limbs of Clause 52.23 of the Victoria Planning Provisions are satisfied: 52.23-2 removes the permit for the use in ten zones, and 52.23-3 removes it for the buildings and works in six of them, provided the total floor area of all buildings on the land stays at or under 300 square metres excluding outbuildings, no more than 12 persons are accommodated in no more than 9 bedrooms, every bedroom is reached only from inside the building, shared entry facilities and common areas including a kitchen and a living area are provided, and in the General and Neighbourhood Residential zones the minimum garden area is kept. This page sets out each of those figures next to the clause or regulation it comes from, adds what the exemption does not touch — a building permit, NCC Class 1b classification, an operator licence, council registration, minimum room sizes and facility ratios all still apply — and states plainly where the same question cannot be answered from open data, which is every Queensland council planning scheme.

Provenance
Version
1.3.0
Verified
2026-09-19
Sources read
Victoria Planning Provisions at the VC313 republication of 18 September 2026, read through planning-schemes.app.planning.vic.gov.au; Building Regulations 2018; Queensland state spatial layers probed live on 19 September 2026. Clauses 52.06, 52.23, 32.08, 32.09, 52.29 and 73.01 re-read from the current clause PDFs via the ordinance API on 3 November 2026 (73.01 as amended by VC314, clause dated 28 October 2026).
Cite as
DollarBuild. (2026). Australian rooming house and small second dwelling rules dataset (Version 1.3.0) [Data set]. DollarBuild — Optima Real Estate Pty Ltd. https://dollarbuild.com.au/data/rooming-house-rules-au.json
Machine-readable (JSON)
/data/rooming-house-rules-au.json
Machine-readable (Markdown)
/data/rooming-house-rules-au.md
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Both files are served with CORS open, so any site, script or AI agent can fetch them directly. Reuse is permitted under CC BY 4.0 with attribution.

Who does what

Who issues the approval, who builds it, and what to do next

A planning permit, where a lot needs one, is issued by the council as the responsible authority. The building permit and the occupancy permit are issued by a registered building surveyor, private or municipal — never by the builder. For a rooming house the Business Licensing Authority issues the operator licence and the council registers the premises.

DollarBuild designs and delivers six catalogue homes — Compact 34, Home 60, Home 80, Home 80 Premium, Home 80 Premium + Garage and the nine-bedroom Rooming House 300 — with its Australian building partner. Published state prices include GST and paperwork (price book 2026-10-17); the agreed contract price stays fixed throughout construction; 4 weeks paperwork, then 3 months construction. The registered building practitioner is named in writing with every proposal. Leasing and property management of the finished dwelling are provided by OptimaRea.

Rooming House 300: published build prices from $748,000 inc GST (Victoria); every published state price is on the product page.

Start with the address. The free address check reads the planning position of the lot, a written feasibility read follows, and a proposal comes only after that.

Connect the planning rules, building requirements and operator obligations to a Melbourne rooming house design and a written proposal.

01

The envelope Clause 52.23 defines

Maximum total floor area
300 m² — across all buildings on the land, excluding outbuildings
Maximum bedrooms
9
Maximum persons accommodated
12
How the floor area is measured

Clause 52.23-2/-3 counts the total floor area of ALL buildings on the land, measured from the outside of external walls or the centre of party walls, EXCLUDING outbuildings. An attached garage sits inside the external walls and counts; a detached garage, shed or carport is an outbuilding and does not. A retained house on the lot counts. Upper floors count — the measure is floor area, not footprint.

02

Clause 52.23-2 — the use

Clause
52.23-2
Amendment
VC274, 28 February 2025
Zones
ACZ · CCZ · C1Z · GRZ · HCTZ · MUZ · NRZ · PRZ · RGZ · TZ
Conditions, all of which must hold
  1. 01Total floor area of all buildings on the land does not exceed 300 m², excluding outbuildings
  2. 02No more than 12 persons accommodated
  3. 03No more than 9 bedrooms provided
  4. 04The zone-table condition for the zone is met
03

Clause 52.23-3 — the buildings and works

Clause
52.23-3
Amendment
VC257, 25 February 2025
Zones
GRZ · HCTZ · MUZ · NRZ · RGZ · TZ
Conditions, all of which must hold
  1. 01Every bedroom is accessed only from within the building
  2. 02Shared entry facilities and common areas including a kitchen and living area are provided
  3. 03The zone minimum garden area is kept in the General or Neighbourhood Residential Zone
04

Zones

The use exemption reaches ten zones; the works exemption reaches six of them. Outside the works list the use may be exempt while the building still needs a permit — a distinction that decides whether a lot is worth a feasibility.

CodeZoneUse (52.23-2)Works (52.23-3)Garden area
ACZActivity Centre ZoneYesNoNo
C1ZCommercial 1 ZoneYesNoNo
CCZCapital City ZoneYesNoNo
GRZGeneral Residential ZoneYesYesYes
HCTZHousing Choice and Transport ZoneYesYesNo
MUZMixed Use ZoneYesYesNo
NRZNeighbourhood Residential ZoneYesYesYes
PRZPrecinct ZoneYesNoNo
RGZResidential Growth ZoneYesYesNo
TZTownship ZoneYesYesNo
A zone code worth getting right

PRZ is the Precinct Zone (VC274, 28 February 2025). It is NOT 'PZ' — on the Vicmap plan_zone layer PZ is the PORT ZONE, verified 19 September 2026. A rule pack that wrote PZ here would put port land in the use-exemption list.

Commercial 1 Zone

The Commercial 1 Zone adds its own zone-table condition: any frontage at ground floor level must not exceed 2 metres. A schedule to any zone can add more.

05

Minimum garden area

Lot sizeMinimum garden area
more than 650 m²35 %
more than 500 m²30 %
at least 400 m²25 %
Reading the bands

Read top down; the first band that matches wins. `overSqm` is a strict lower bound, `atLeastSqm` is inclusive — the ordinance says 25 per cent of a lot of 400 m² to 500 m², 30 per cent of more than 500 m² to 650 m², 35 per cent of more than 650 m². No match (a lot under 400 m²) means no minimum garden area requirement.

What counts as garden area

Clauses 32.08-4 and 32.09-4 (VC253, 14 December 2023). Clause 73.01 defines garden area; as amended by Amendment VC314 (clause dated 28 October 2026) it is any area on a lot that does not include the dwelling, small second dwelling or residential building (eaves to 600 mm, pergolas, unroofed decks under 800 mm, basements, outbuildings up to 10 m² and domestic services are forgiven), a covered driveway, or a covered area set aside for car parking. Uncovered driveways and uncovered car spaces count toward the percentage, and the former minimum dimension of 1 metre is gone; before VC314 every driveway and parking area was excluded. The requirement applies to lots of 400 m² and above; Building Regulations 2018 reg 76A repeats the same percentages at building-permit stage with its own definition (read 19 September 2026, not re-read since VC314).

The definition since Amendment VC314
Instrument
Victoria Planning Provisions Clause 73.01 General terms
Amendment · clause date
VC314 · 2026-10-28
Excluded from garden area
the dwelling, small second dwelling or residential building (with the allowances listed in the clause); a covered driveway; a covered area set aside for car parking
Counts as garden area
uncovered driveways; uncovered areas set aside for car parking; paths, paved yards and planted areas of any dimension
Minimum dimension
None — the 1 m minimum was removed by VC314
Previous definition
Until 2026-10-27: excluded a driveway, an area set aside for car parking; minimum dimension 1 m
Re-read from the current clause
2026-11-03
06

Siting — Building Regulations 2018

Maximum site coverage
60 %
Minimum permeable surface
20 %
Minimum side and rear setback
1 m — for walls up to 3.6 m high
Where these come from

Building Regulations 2018 reg 76(2) — buildings must not occupy more than 60 per cent of the allotment unless a zone schedule states otherwise; reg 77(2) requires at least 20 per cent permeable surface; Table 79 requires a 1 metre side and rear setback for walls up to 3.6 metres high. Reg 68 applies Part 5 siting wherever no planning permit regulates the matter — which is the whole point of relying on Clause 52.23.

07

Car parking

Rate
0.25 spaces per bedroom, fractions rounded down
For a 9-bedroom rooming house
2 spaces
Of which accessible
1 spaces
Rate by Car Parking Requirement Maps category (Clause 52.06-5 Table 1, VC311)
CategoryMinimum per bedroomMaximum per bedroomNine bedrooms
10.25none2 minimum
20.25none2 minimum
300.150 minimum
4—0.10 maximum
Accessways and bays (Clause 52.06-9, VC277)
Accessway width
3 m minimum
Forward exit required
where an accessway serves 4 or more spaces or connects to a TZ2 / TZ3 road
Distance from the carriageway
6 m where such an accessway is from Transport Zone 2 or 3 land
90° bay
2.6 × 4.9 m with a 6.4 m accessway (2.8 × 4.9 m with 5.8 m; 3.0 × 4.9 m with 5.2 m; 3.2 × 4.9 m with 4.8 m)
Parallel bay
2.3 × 6.7 m with a 3.6 m accessway
Arterial road access (Clause 52.29)

Clause 52.29 (VC205, 20 January 2022) — a permit is required to create or alter access to a road in a Transport Zone 2, or to land in a Public Acquisition Overlay acquired for a road by a transport manager other than a council; the application must be referred under section 55 of the Planning and Environment Act 1987 to the referral authority named in Clause 66.03 and is exempt from notice and third-party review (52.29-5, VC148). On any road the physical crossing between kerb and boundary is council infrastructure and needs a council vehicle-crossing permit to build, remove, repair or alter.

Where these come from

Clause 52.06-5 Table 1 (VC311, 9 June 2026) — rooming house, to each bedroom: Category 1 and 2 land minimum 0.25 with no maximum, Category 3 minimum 0 / maximum 0.15, Category 4 maximum 0.1; fractions rounded down; where land is shown in two categories the higher applies — 9 bedrooms on Category 1 or 2 land gives 2 spaces. The requirement includes disabled spaces allocated under AS2890.6-2009 and the Building Code of Australia, and NCC Volume One D4D6(2) takes 2 × (1 accessible bedroom ÷ 9) = 0.22 up to the next whole figure, so one of the two must be an accessible space. Clause 52.06-3 (VC277, 18 December 2025) requires a permit to reduce below the minimum (a reduction of 10 or fewer spaces is VicSmart, assessed under Clause 59.10 with a Car Parking Demand Assessment under 52.06-7) and 52.06-4 (VC311) exempts that application from notice and third-party review. Clause 52.06-9 Design standard 1 (VC277): every accessway at least 3 m wide; forward exit where an accessway serves four or more spaces or connects to a Transport Zone 2 or 3 road; access at least 6 m from the carriageway where such an accessway is from Transport Zone 2 or 3 land; Table 2 minimum 90-degree bay 2.6 × 4.9 m with a 6.4 m accessway. Building Regulations 2018 reg 78 reaches the same count of two.

08

What each overlay does to the exemption

An overlay is a separate control with its own permit trigger, and Clause 52.23 does not touch it. The 5-metre, muted-tones carve-out that a small second dwelling enjoys under Clauses 43.01-3, 43.02-2 and 43.05-2 is written for that use only and never applies to a rooming house — which is why the Heritage, Design and Development and Neighbourhood Character overlays are graded harder here than they would be for a granny flat.

What the four gradings mean
block
Permit required, and ordinarily treated as an exclusion until the responsible authority says otherwise
permit
Planning permit required — this overlay removes the Clause 52.23-3 exemption for a rooming house
caution
May add a condition, a referral or a design constraint without removing the exemption
info
A cost or plan-conformity item, with no permit trigger of its own
CodeOverlayEffectClause
FOFloodway Overlayblock44.03
PAOPublic Acquisition Overlayblock45.01
RFORural Floodway Overlayblock44.09
BAOBuffer Area Overlaypermit44.08
BMOBushfire Management Overlaypermit44.06
DDODesign and Development Overlaypermit43.02
EAOEnvironmental Audit Overlaypermit45.03
EMOErosion Management Overlaypermit44.01
ESOEnvironmental Significance Overlaypermit42.01
HOHeritage Overlaypermit43.01
LSIOLand Subject to Inundation Overlaypermit44.04
NCONeighbourhood Character Overlaypermit43.05
RORestructure Overlaypermit45.05
SBOSpecial Building Overlaypermit44.05
SCOSpecific Controls Overlaypermit45.12
SLOSignificant Landscape Overlaypermit42.03
SMOSalinity Management Overlaypermit44.02
AEOAirport Environs Overlaycaution45.02
BFOBuilt Form Overlaycaution43.06
CLPOCity Link Project Overlaycaution45.07
MAEOMelbourne Airport Environs Overlaycaution45.08
POParking Overlaycaution45.09
PSBProtected Settlement Boundarycaution45.13
RXORoad Closure Overlaycaution45.04
SROState Resource Overlaycaution44.07
VPOVegetation Protection Overlaycaution42.02
DCPODevelopment Contributions Plan Overlayinfo45.06
DPODevelopment Plan Overlayinfo43.04
ICOInfrastructure Contributions Overlayinfo45.11
ICPOInfrastructure Contributions Plan Overlayinfo45.10
IPOIncorporated Plan Overlayinfo43.03
09

What Clause 52.23 does not remove

Clause 52.23 removes a PLANNING permit only. A building permit and occupancy permit are always required (Building Act 1993 ss 16, 39), the building is NCC Class 1b, the operator needs a Business Licensing Authority licence (Rooming House Operators Act 2016 s 7), the premises must be registered with the council as prescribed accommodation (Public Health and Wellbeing Act 2008 s 67), no bedroom may be smaller than 7.5 m² (Prescribed Accommodation Regulations 2020 reg 11(2)) and there must be one toilet, one bath or shower and one wash basin per 10 residents (reg 20). A restrictive covenant or a Section 173 agreement on title is checked on the certificate of title, not on the planning map.

10

The shared-facilities test

Meeting every number in Clause 52.23 does not by itself make a building a rooming house. VCAT has held the opposite where residents could live entirely on private facilities.

Studio Homes Victoria Pty Ltd v Brimbank CC [2022] VCAT 1371 — nine studios with private kitchenettes met every number in Clause 52.23 and were still held not to be a rooming house, because residents could rely exclusively on private facilities. An ensuite does not have that effect; a per-room kitchenette does.

11

Queensland

Queensland has NO statewide equivalent of Clause 52.23. Rooming accommodation is defined by the Planning Regulation 2017 and then assessed against the LOCAL planning scheme, whose zone tables, overlays and acceptable outcomes are not reachable from a browser. This screen therefore never returns an eligible verdict in Queensland: it reports the state layers that did answer and says plainly that the council scheme decides. Never imply a council overlay was checked.

Council planning schemes are not published as a queryable service. Any answer claiming a Queensland council overlay was checked from a spatial layer is wrong — including ours, which is why the address check never returns an eligible verdict in Queensland.

State layers that do answer
CodeLayerEffectInstrument
ASSAcid sulfate soils trigger area (State Planning Policy)cautionState Planning Policy — acid sulfate soils trigger area
HERQueensland Heritage Register placepermitQueensland Heritage Register (Queensland Heritage Act 1992)
COASTALCoastal erosion prone areapermitCoastal Protection and Management Act 1995 — erosion prone area
12

Source register

Each entry is the instrument the figures above were read from, quoted so the reading can be checked rather than taken on trust.

Clause 52.23
Victoria Planning Provisions Clause 52.23 Rooming house. 52.23-2 removes the zone permit for the USE in ten zones (VC274, 28 February 2025) where the zone-table condition is met, the total floor area of all buildings on the land does not exceed 300 m² excluding outbuildings, no more than 12 persons are accommodated and no more than 9 bedrooms are provided. 52.23-3 removes the permit for BUILDINGS AND WORKS in six of those zones on the same 300 m² and 9-bedroom limits, provided every bedroom is accessed only from within the building, shared entry facilities and common areas including a kitchen and living area are provided, and the zone's minimum garden area is kept in the General or Neighbourhood Residential Zone (VC257, 25 February 2025).
Shared facilities (VCAT)
Studio Homes Victoria Pty Ltd v Brimbank CC [2022] VCAT 1371 — nine studios with private kitchenettes met every number in Clause 52.23 and were still held not to be a rooming house, because residents could rely exclusively on private facilities. An ensuite does not have that effect; a per-room kitchenette does.
Minimum garden area
Clauses 32.08-4 and 32.09-4 (VC253, 14 December 2023): 25 per cent of a lot of 400–500 m², 30 per cent above 500 to 650 m², 35 per cent above 650 m². Clause 73.01 definition of garden area as amended by VC314 (clause dated 28 October 2026): any area on a lot that does not include the dwelling, small second dwelling or residential building (with the clause's allowances), a covered driveway or a covered area set aside for car parking — uncovered driveways and car spaces count, and the 1 m minimum dimension is removed. Building Regulations 2018 reg 76A repeats the percentages at building-permit stage with its own definition.
Siting
Building Regulations 2018 reg 76(2) — buildings must not occupy more than 60 per cent of the allotment unless a zone schedule states otherwise; reg 77(2) requires at least 20 per cent permeable surface; Table 79 requires a 1 metre side and rear setback for walls up to 3.6 metres high. Reg 68 applies Part 5 siting wherever no planning permit regulates the matter — which is the whole point of relying on Clause 52.23.
Overlays
An overlay is a separate control with its own permit trigger and Clause 52.23 does not touch it. The 5-metre, muted-tones carve-out in Clauses 43.01-3 (Heritage), 43.02-2 (Design and Development) and 43.05-2 (Neighbourhood Character) is written for a small second dwelling only and never applies to a rooming house.
Car parking
Clause 52.06-5 Table 1 (VC311, 9 June 2026) — rooming house, to each bedroom: Category 1 and 2 land minimum 0.25 with no maximum, Category 3 minimum 0 / maximum 0.15, Category 4 maximum 0.1; fractions rounded down; where land is shown in two categories the higher applies — 9 bedrooms on Category 1 or 2 land gives 2 spaces. The requirement includes disabled spaces allocated under AS2890.6-2009 and the Building Code of Australia, and NCC Volume One D4D6(2) takes 2 × (1 accessible bedroom ÷ 9) = 0.22 up to the next whole figure, so one of the two must be an accessible space. Clause 52.06-3 (VC277, 18 December 2025) requires a permit to reduce below the minimum (a reduction of 10 or fewer spaces is VicSmart, assessed under Clause 59.10 with a Car Parking Demand Assessment under 52.06-7) and 52.06-4 (VC311) exempts that application from notice and third-party review. Clause 52.06-9 Design standard 1 (VC277): every accessway at least 3 m wide; forward exit where an accessway serves four or more spaces or connects to a Transport Zone 2 or 3 road; access at least 6 m from the carriageway where such an accessway is from Transport Zone 2 or 3 land; Table 2 minimum 90-degree bay 2.6 × 4.9 m with a 6.4 m accessway. Building Regulations 2018 reg 78 reaches the same count of two.
Arterial road access
Clause 52.29 (VC205, 20 January 2022) — a permit is required to create or alter access to a road in a Transport Zone 2, or to land in a Public Acquisition Overlay acquired for a road by a transport manager other than a council; the application must be referred under section 55 of the Planning and Environment Act 1987 to the referral authority named in Clause 66.03 and is exempt from notice and third-party review (52.29-5, VC148). On any road the physical crossing between kerb and boundary is council infrastructure and needs a council vehicle-crossing permit to build, remove, repair or alter.
Beyond planning
Clause 52.23 removes a PLANNING permit only. A building permit and occupancy permit are always required (Building Act 1993 ss 16, 39), the building is NCC Class 1b, the operator needs a Business Licensing Authority licence (Rooming House Operators Act 2016 s 7), the premises must be registered with the council as prescribed accommodation (Public Health and Wellbeing Act 2008 s 67), no bedroom may be smaller than 7.5 m² (Prescribed Accommodation Regulations 2020 reg 11(2)) and there must be one toilet, one bath or shower and one wash basin per 10 residents (reg 20). A restrictive covenant or a Section 173 agreement on title is checked on the certificate of title, not on the planning map.
Queensland
Definition
Planning Regulation 2017 (Qld) schedule 24 — 'rooming accommodation' is a residential use of premises for accommodation where each resident has a right to occupy one or more rooms and does not have a right to occupy the whole; it is a separate defined use from a dwelling house and a secondary dwelling.
Assessment
Whether rooming accommodation is accepted, code assessable or impact assessable, and what it must provide, is set by the LOCAL categorising instrument — the council's planning scheme. It varies by council and by zone, and it is not published as a browser-queryable spatial service.
Siting
Queensland Development Code MP 1.2 (lots 450 m² and over) — side and rear setback at least 1.5 m for walls up to 4.5 m mean height, 6 m to the road, site cover 50 per cent. MP 1.1 applies below 450 m². The Queensland Housing Code chapters published 14 August 2026 replace these only in councils that adopt them during the 1 September 2026 – 1 September 2029 transition.
Building
Building Act 1975 and the NCC apply as they do in Victoria: a building of this size and occupancy is Class 1b or Class 3 depending on floor area and resident numbers, and the classification is the building certifier's.
Ordinance identifiers

The Victoria Planning Provisions viewer addresses each clause by a numeric ordinance id that changes at every republication. These are current as at the verification date; older ids return “Ordinance was not found”.

ClauseOrdinance idOpen
320320769560VPP
520620770190VPP
522320770315VPP
730120770858VPP
730320770860VPP
5223-220770317VPP
5223-320770318VPP
3208-220769620VPP
3208-420769622VPP
3209-420769639VPP
3208-720769625VPP

Current VC313-republication ordinance IDs, read 19 September 2026. The 20468xxx IDs used on the group's older pages are stale and the viewer answers 'Ordinance was not found'.

Read this as a specification, not as advice

General information compiled from the primary instruments named on each record, read on the verification date shown. Not legal, planning, building or financial advice. Planning schemes, the Building Regulations and the Queensland Development Code are amended frequently, and a schedule to a zone or overlay can vary a figure for one council — verify the current instrument for the specific lot before relying on it. Where a control could not be read from the issuing body's own document — every Queensland local planning scheme, which is not published as a queryable service — the record says so rather than carrying a guess.

Test an address against this rule set

The address check runs every figure on this page against the live government layers for one lot, and tells you which tests it could not read.