A planning permit is required for use of a rooming house where either;

• there are 10 or more bedrooms;
• more than 12 people are accommodated; or
• the total floor area of all buildings on the land, measured from the outside of external walls or the centre of party walls, does not exceed 300 square metres, excluding outbuildings

Step 1 - Click on Whitehorse Maps to establish the zone and if there are any overlays on your property.

Step 2 - Once you know which zone and overlay(s) affect your property refer to the relevant zone and overlay(s) of the Whitehorse Planning Scheme and Clause 52.23 - Rooming House.

Step 3 - It is highly recommended to obtain a current copy of title from Landata, and confirm if there are any other restrictions that apply to the property. Information to assist in obtaining a title is available at Request a Copy of Title.

Step 4 - It is recommended that you engage a professional such as an architect, draftsperson or planning consultant familiar with making planning permit applications to assist you in the preparation of the relevant documentation.

Step 5 - Prepare all relevant documentation.

A planning permit application for a rooming house must include:

• How the proposal responds to the site and the surrounding neighbours
• Whether the proposal meets the objectives of Clause 54 of the Whitehorse Planning Scheme and other relevant Council policies
• Arborist report
• Refer to the checklist for further information.

Step 6 - Once you are ready to submit your application lodge and apply online.

If you would like written confirmation whether a planning permit is required please refer to the Planning Information Request for Rooming House Checklist ( PDF 114.8KB) and lodge a Planning Information Request. Refer to Fee Information to view the application fee for a Planning Information Request.

Refer to planning permit process for information about the phases of a planning permit application.

Shared accommodation with a floor area of no more than 300m² and no more than 12 residents is classified as a Class 1b building by the Building Code of Australia (BCA). When an owner changes the use of their home from Class 1a (a single dwelling) to Class 1b, they must obtain a building permit and ensure that essential safety measures are maintained.

Unauthorised conversion of a building (converting a building from Class 1a to Class 1b) may constitute an offence which can be prosecuted by Council or the police. It may also lead to danger to residents due to inadequate fire protection or sub-standard conditions.

There are building regulations that require disable access to shared accommodation properties.

Step 1 – Approval of a planning permit must be obtained prior to lodging a building permit if it is required. Refer to planning permit information above to check if a planning permit is required.

Step 2 - It is recommended that you engage a professional familiar with making building permit applications to assist you in the preparation of the relevant documentation.

Step 3 - Appoint a building surveyor. This could be Council or a private building surveyor. 

Step 4 - Prepare all relevant documentation. Refer to the building permit checklist ( PDF 193.23KB) to ensure all relevant documentation is prepared and submitted. 

Step 5 - Once you are ready to submit your application forward all documentation to your building surveyor.

Refer to building permit process for information about the phases of a building permit application.

Shared accommodation must be registered with Council. Once registered, Council conducts annual inspections to ensure that minimum standards as set out in the Public Health and Wellbeing Regulation 2009 are met.

For more information about ensuring your accommodation complies with the Public Health and Wellbeing (Prescribed Accommodation) regulations 2020, please contact the Environmental Health unit on 9262 6197.   

To register your premises with Council you must:

1. Provide the Environmental Health Unit with a copy of your Planning Permit or Property Information Request.

This confirms that the proposed land use complies with the planning scheme and legislation. Council’s Planning Department can be contacted on ph. 9262 6303

2. Provide the Environmental Health Unit with a copy of the building permit with the endorsed plans. 

Where a building permit is not required, provide written documentation from a building surveyor stating that a building permit is not required. Private building surveyors can be found at the Victorian Building Authority 

3. Provide the Environmental Health Unit with a New Premises Enquiry Form.  ( PDF 321.01KB)

From July 1 2023, an establishment fee is payable on all New Premises. The fee will cover costs associated with administration, progress inspections, final inspection, plans assessment (where provided, internal referral process (Planning / Building / Health) and on-going professional advice to support compliance.

4. Fit out your premises.

Undertake any works to your premises to ensure it complies with the Public Health and Wellbeing Act 2008 and the Public Health and Wellbeing Regulations 2009.

5. Obtain a Certificate of Final Inspection or Occupancy Permit (if required) from a building surveyor.

These documents must be submitted in full prior to a final inspection being undertaken by the Environmental Health Unit.

6. CAV Licence to Operate a Rooming House. 

You will need to contact the Consumer Affair Victoria (CAV) to obtain your Rooming House Operators Licence.   You can do this by either contacting them on 1300 55 81 81 or via the Consumer Affair Victoria website.

7. Application to Register

You will be given permission to trade after: 

• A final inspection has been conducted
• You supply a copy of your Rooming House Operator’s License
• You have lodged of an Application to Register form
• You have made payment of the applicable fee

Once you have registered, you will be required to renew your registration each year.

Registration runs from 1 January - 31 December each year.  You have the option of renewing your registration online via the e-Health Portal

For further information on how to renew your registration, please visit Renewal of Registration

The Residential Tenancies Act 1997 and Rooming House Operators Act 2016 sets out a range of rights and responsibilities for rooming house landlords and tenants. This legislation is administered by Consumer Affairs Victoria.  

You must also apply for a license if you are intending to operate a rooming house. 

For further information regarding the Residential Tenancies Act 1997, the Rooming House Operators Act 2016 or the licensing scheme please call 1300 558 181, visit Consumer Affairs Victoria.

Where Council becomes aware of rooming house facilities that breach building, public health and planning laws, Council will coordinate investigation and enforcement activities to achieve compliance. This includes conversions to Class 1b building use without being suitably upgraded or granted necessary permits or registrations (where applicable).

Council would initially seek to work with owners/proprietors to achieve compliance. However, where necessary, Council may use a number of enforcement options available. This includes issuing of orders/notices to upgrade safety measures of the building, prohibit occupation and remedy any breaches of standards under the Public Health and Wellbeing Regulations and the Planning Scheme.

Council may also serve an infringement notice for offences, including operating an unregistered business.

If you have concerns regarding shared accommodation (prescribed accommodation) facility that relate to planning, building or public health requirements you can contact Council on 9262 6333.

If you have a general residential concern please visit Consumer Affairs to lodge a complaint.