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Victoria’s New Low-Rise Housing Code: Clause 55, the Standards You Must Meet, and How to Lodge

Writer: Swarup Dutta
Swarup Dutta
3 hours ago
5 min read
The new Clause 55
The new Clause 55

The New Clause 55 in One Sentence


From 31 March 2025, Clause 55 of every Victorian planning scheme operates as a deemed-to-comply code for two or more dwellings (and residential buildings) up to and including three storeys in the NRZ, GRZ, RGZ, MUZ, Township and Housing Choice/Transport zones: meet the standard and the objective is met; miss it and you’re back to a merits assessment with full objection rights.


How Many Standards Must You Satisfy?


Under the reformed Clause 55, there are 36 standards across six objective groups (neighbourhood character, site layout, on-site amenity, off-site amenity, detailed design and shared areas).


To unlock the fast-track, low-risk pathway you must:


  • Meet all applicable Clause 55 standards for your site and proposal; and

  • Specifically, meet the 13 key standards that trigger the third‑party appeal exemption (the “no VCAT by objectors” rule).


Those 13 appeal‑exemption standards are:


  • All neighbourhood character standards in Clause 55.02 (street setback, building height, side and rear setbacks, walls on boundaries, site coverage, access, tree canopy, front fences); plus

  • 55.04-1 Daylight to existing windows

  • 55.04-2 Existing north-facing windows

  • 55.04-3 Overshadowing secluded open space

  • 55.04-4 Overlooking

  • 55.05-2 Overshadowing domestic solar energy systemsplanning+2

Notice of the application is still given in most cases; what changes is that a fully compliant application cannot be taken to VCAT by an objector.


What Clause 55 Now Covers (and What It Doesn’t)


Applies to:

  • Two or more dwellings on a lot, or a residential building, up to and including three storeys, in NRZ, GRZ, RGZ, MUZ, Township Zone and the Housing Choice/Transport zones.

Does not apply:

  • Four storeys and above: Clause 57 now covers residential development of four to six storeys

Transition rule:

  • Amendment VC267 was approved on 6 March 2025; the deemed-to-comply standards commenced on 31 March 2025. Applications lodged before 6 March 2025 continue under the former Clause 55.


The Standards at a Glance (B2‑1 to B5‑7)


Clause 55 is structured as:

  • 55.01 Application requirements

  • 55.02 Neighbourhood character (B2‑1 to B2‑8)

  • 55.03 Liveability (B3‑1 to B3‑12)

  • 55.04 External amenity (B4‑1 to B4‑5)

  • 55.05 Sustainability (B5‑1 to B5‑7)


The standards that most often decide whether a scheme works include:


B2‑1 Street setback

  • Match the lesser front-wall setback of the abutting buildings, or 6 m, whichever is less.

  • Where there is no abutting building to match: 6 m on a Transport Zone 2 street, 4 m on other streets.

  • Porches, pergolas and verandahs under 3.6 m high, and eaves, may encroach up to 2.5 m.


B2‑7 Tree canopy

  • Canopy cover of 10% of site area for lots of 1,000 m² or less; 20% above 1,000 m².

  • Use Type A (4 m canopy, 12 m² deep soil), Type B (8 m, 49 m²) or Type C (12 m, 121 m²) trees.

  • At least one new or retained tree in the front setback and one in the rear setback of the lot (not per dwelling).


B3‑5 Private open space

  • Direct from a living area: 25 m² of secluded open space at least 3 m wide; or

  • A balcony to Table B3‑5 (north or south facing: 8 m²; other orientations 8 m² for studios and one- and two-bedroom dwellings, 12 m² at 2.4 m wide for three bedrooms); or

  • 15 m² on a podium, or 10 m² on a roof.

  • Add 1.5 m² if a heating or cooling unit sits in the space.


B3‑7 Functional layout

  • Main bedroom 3 m × 3.4 m minimum.

  • Every other bedroom 3 m × 3 m minimum.

  • Living areas must meet the minimum dimensions in the Guidelines.


B3‑10 Natural ventilation

  • A breeze path between openings on different orientations of at least 5 m and at most 18 m, with openings of about the same size.

  • For apartment developments: at least 40% of dwellings must achieve this.


B3‑12 Accessibility (apartment developments)

  • At least 50% of dwellings with:

    • 850 mm clear entry and main-bedroom door

    • 1.2 m clear path to the main bedroom

    • An adaptable bathroom and living area

    • One adaptable bathroom to Design A or B in Table B3‑12.

  • This is the Code’s own standard, not a Livable Housing Design “Silver” rating.


B4‑4 Overlooking

  • Habitable-room windows (not bedrooms), balconies and terraces within 9 m of a neighbour’s secluded open space or habitable-room window must provide:

    • Offset 1.5 m, or

    • Sill at 1.7 m, or

    • Fixed obscure glazing below 1.7 m, or

    • Fixed screens to 1.7 m with no more than 25% transparency.


B5‑1 Permeability and stormwater

  • At least 20% of the site pervious.

  • Plus a stormwater system meeting EPA Publication 1739.1 targets:

    • 80% suspended solids

    • 45% total nitrogen and phosphorus

    • 70% litter.

  • A STORM or MUSIC certificate satisfies the note.


Design Moves That Make the Numbers Work


  • Plan the trees first. A Type C tree needs 121 m² of deep soil with a 6.5 m minimum dimension. On a 600 m² lot that is a fifth of the site, so canopy drives the footprint, not the other way round.

  • Run STORM early. A raingarden and a modest tank usually reach the pollutant targets; retrofitting them into a finished site plan rarely does.

  • Solve overlooking with geometry. Window offsets and blade walls keep the daylight; fixed screens to 1.7 m are the fallback, and they cost you B3‑9 daylight.

  • Draw the breeze path. B3‑10 is checked on the plan. Show the two openings and the dimension.

  • Mirror the template. Councils process applications faster when the written statement follows the official checklist line by line.


What to Lodge for a Compliant Clause 55 Application


To use the deemed-to-comply pathway, your submission should include:

  • Site description and design response (55.01‑1 and 55.01‑2), showing:

    • Canopy zones and deep soil areas

    • Permeable area

    • Shadow diagrams at 22 September

    • The breeze path for natural ventilationplanning+1

  • The Clause 55 written statement, on the official checklist, with a “met / not met” answer for each standard and a design justification for any not met.

  • A STORM or MUSIC report with certificate demonstrating stormwater treatment performance.

  • A neighbour context plan identifying:

    • Existing habitable-room windows

    • Secluded open space

    • North-facing windows within 9 mplanning+1

  • For apartment developments, a schedule identifying the B3‑12 accessible dwellings.



Final Word: Arithmetic, Not Negotiation

The Code turns Victorian medium-density assessment from negotiation into arithmetic. Hit every applicable standard and you get a shorter permit path and no objector appeal. Miss one and you are back to a merits argument, so know which standard you are varying, and why, before you lodge.



Contact Swarup for your next residential project.


We design, write the planning report, prepare all the drawings, co ordinate consultants and manage the Town Planning Application to the end.


Following the Planning approval wew prepare the Building Permit documentation.



 
 
 

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