Townhouse and Low-Rise code updates

Updated September 2025

The Victorian Government is changing the standards for townhouse and low-rise apartment buildings and how Council will assess planning permit application for such developments (including public notification and appeal rights).

What’s changed:

• The Victorian Government announced the introduction of a new deemed-to-comply code assess planning permit pathway for townhouse and 3-storey apartment developments.
• The code sets basic development standards, including (but not limited to):
  • Six metre setbacks at the front, and setbacks at the side and rear
  • Tree canopy and open space requirements, including protecting trees that are a certain size
  • A mix of 1-, 2- and 3-bedroom apartments in projects of a certain size
  • Overlooking and overshadowing
  • Sunlight, storage, room size, ventilation and private open space for residents
  • Sustainability and energy efficiency.
• The deemed-to-comply nature of the code means that if the standards are met, a planning permit must be issued. While nearby properties will still be notified there will be no opportunity to appeal the decision. If a proposal does not meet the deemed-to-comply standards, the usual planning permit process with appeal rights will apply.
• Where other planning permit triggers exist (e.g. Heritage Overlay, environmental overlays etc.) the application will still need to comply with those provisions as well as the new code.

Councillors were provided with a report about the ResCode changes at a council meeting in September 2025.