Imagine a Melbourne homeowner who has found a suitable place for a small granny flat behind the existing house. The design keeps a reasonable distance from the fence, but the neighbour is worried about windows, shade and construction noise. Before speaking to a designer, the homeowner asks a very common question: “Do I need my neighbour to sign off first?”
The short answer is that a neighbour’s informal agreement is not the same thing as a planning or building approval. Whether neighbours receive formal notice depends on the planning pathway and the responsible authority’s process. Whether building work needs additional protection-work steps is a separate question for the building surveyor.
Starting with the right pathway avoids two opposite mistakes: assuming neighbours can never be involved, or assuming one objection automatically decides the project.
First, find out whether a planning permit is involved
Victoria’s small second dwelling changes mean that a small second home of up to 60 square metres does not require a planning permit in many cases. That does not apply universally. Flooding, environmental and other special planning controls can change the pathway, and a small second home still requires a building permit.
This distinction matters because formal neighbour notice is generally part of a planning permit process, not a substitute for a building permit. If the property does not need a planning permit for the proposed dwelling, there may be no planning-application advertising step. If a planning permit is required, the council assesses the application and the relevant notice requirements.
The MPLUS Granny Flat Rules Victoria guide explains why the first task is to identify the property controls, rather than relying on a general rule heard from another suburb.
What “notice to neighbours” can mean
When a standard planning permit application is required, the responsible authority decides whether notice must be given. Planning Victoria explains that notice is required for most permit applications, unless the authority is satisfied that the permit would not cause material detriment to any person, or a specific planning-scheme exemption applies.
Notice gives affected people an opportunity to see the proposal and make a submission or objection. It is not the same as asking each neighbour to give private written consent. It also does not convert a neighbour into the decision-maker. Council must assess the relevant application, planning scheme and information before reaching a decision.
For projects that qualify for a VicSmart pathway, the notice and review settings can differ. That is another reason not to assume the process from a friend’s renovation or an interstate granny flat will apply to your property.
An objection is information for the process, not an automatic veto
If an application is advertised, a neighbour or another affected person may make an objection or submission. Planning Victoria says an objection should set out the reasons for it and how the person may be affected. Council considers the relevant material as part of the decision process.
That does not mean an objection automatically stops a project. Equally, it is not useful to dismiss a neighbour’s concern before understanding it. Privacy, overlooking, daylight, access, construction protection and the location of outdoor areas can be real design questions. Addressing them early may produce a more workable layout for everyone.
The right response is to separate the neighbour conversation from the formal approval assessment. You may choose to discuss preliminary plans with neighbours, but Planning Victoria describes that as encouraged rather than a universal requirement. A constructive discussion can surface issues early. It does not replace the actual permit pathway.
Building work can raise a separate adjoining-property question
Planning approval and building approval are not the same process. The building permit is still required for a small second home, and the building surveyor has a role in assessing the work against the applicable building requirements.
If proposed building work may affect an adjoining property, protection-work procedures can be relevant. The Building and Plumbing Commission notes that a building permit may not be issued until the protection-work process has been completed to the building surveyor’s satisfaction where that process applies.
This is not a reason to guess that every backyard granny flat needs protection work. It is a reason to give the building surveyor complete information about the site, boundaries, construction method and nearby structures. The process is specific to the proposed work.
For a clearer overview of the two approval streams, read the MPLUS Council Approval Guide and our planning permit versus building permit article.
Four useful questions before you talk to neighbours
Before a conversation becomes stressful, make sure you can answer the basics:
- Does the address have any controls that may require a planning permit?
- Where will the granny flat sit in relation to the existing house, boundaries and neighbouring windows?
- Which parts of the proposal are still flexible, such as window placement, outdoor space and access path?
- Who will confirm whether any protection-work process is relevant?
These questions help keep the conversation factual. They also stop a preliminary sketch from being treated as the final design before the land and approval pathway are understood.
If you are unsure whether the property has an approval trigger or a boundary-sensitive issue, a Free Land Check can identify obvious items to investigate before you commit to a plan.
Start with the block, then have the right conversation
You do not need to collect informal signatures before you can investigate a granny flat. But you do need to understand the address, the planning pathway and the proposed building position before assuming neighbours will or will not be formally involved.
That approach is more respectful to neighbours and more useful for the project. Check the property controls first, keep the early design responsive to privacy and amenity, and let the applicable planning and building processes determine the next formal steps.
To begin with the property rather than an assumption, see what a Land Eligibility Check considers, then send MPLUS your address for a Free Land Check.
