Clause 55 Explained Simply: A Homeowner’s Guide to Complying with ResCode in Victoria
- Carmel Homes
- 2 days ago
- 6 min read
By Adib Adely
Let’s be honest: most homeowners don’t discover Clause 55 because they’re bored on a Sunday afternoon. They discover it mid-project, mid-stress, usually after a luxury home builder or council officer says, "You’ll need planning approval for that, and it needs to comply with ResCode."
Suddenly, you’re reading documents that feel like they were written in a foreign language. But in 2026, the language of Clause 55 has changed in a way that is actually beneficial for those seeking a premium design and build experience.
This guide translates the technical jargon into a strategic roadmap for your next project, covering the new "Deemed to Comply" pathways, the 10-day VicSmart process, and how these rules affect everything from a French Provincial home to a sharp modern home design.
What is Clause 55 (ResCode)?
Clause 55 is a specific part of the Victorian Planning Provisions (VPP) that governs the design and siting of:
Two or more dwellings on a single lot (e.g., dual occupancies, duplexes, or townhouses).
Residential buildings up to three storeys.
Extensions to existing dwellings where there are already multiple homes on the block.
Commonly referred to as ResCode, its primary purpose is to ensure that new developments are respectful of the existing neighborhood character. Whether you are building a sprawling Hampton Style home or a minimalist modern home design, Clause 55 ensures the project provides good living conditions for future residents while protecting the privacy and sunlight of neighbors.
Where and When Does It Apply?
If your land is in a residential zone, such as the General Residential Zone (GRZ) or Neighbourhood Residential Zone (NRZ), and you aren't just building a single house, Clause 55 is your rulebook. For those working with a custom home builder on a multi-dwelling project, these are the boundaries within which your custom home plans must fit.
Crucial Distinction:
Clause 54: Applies to a single house on a lot.
Clause 55: Applies to two or more houses (up to 3 storeys).
Clause 58: Applies to apartment buildings of four storeys or more.
The 2025 "Deemed to Comply" Revolution
For decades, Clause 55 was "discretionary." This meant that even if your custom home plans met a mathematical standard (like a 3-metre setback), a council officer could still argue you didn't meet the "objective" or "spirit" of the law. This led to months of back-and-forth negotiations.
Amendment VC267 (operational as of March 31, 2025) changed the game by introducing the "Deemed to Comply" (DTC) pathway.
How DTC Works
Clause 55 is split into Objectives (the goal) and Standards (the numerical requirement). Under the new rules:
Standard Met = Objective Met: If your design and build team hits the exact numbers specified in a "Deemed to Comply" standard, the council must accept that the objective has been met.
No More Subjective Arguing: If you meet the standard, the council is legally prohibited from using "discretionary judgment" to ask for more. This provides massive certainty for a luxury home builder trying to deliver a project on time.
Faster Decisions: By removing the "grey areas," the assessment process is streamlined.
The "10-Day" Fast Track: VicSmart for Two Dwellings
Perhaps the most exciting change for homeowners is the expansion of VicSmart via Amendment VC288.
If you are planning a dual occupancy and you meet specific criteria, you may be eligible for a 10-business-day approval. To qualify, your custom home plans must:
Meet all applicable "Deemed to Comply" standards in Clause 55.
Not be subject to certain restrictive overlays (like a Heritage Overlay).
Be located in a standard residential zone.
This is a game-changer. Previously, even a simple duplex could take 9 months to clear council. Now, if you work with an experienced custom home builder who designs for 100% compliance from day one, you can be through the planning gate in two weeks.
No Third-Party Appeals: Protecting Your Project from VCAT
In the past, one of the biggest risks for a townhouse project was a neighbor objecting and taking the matter to the Victorian Civil and Administrative Tribunal (VCAT).
Under the 2025/2026 framework, if a development fully meets the "Deemed to Comply" standards, the right for third parties (neighbors) to appeal the decision to VCAT is removed.
The VCAT Shield: If your project, be it a stately French Provincial home or a coastal Hampton Style home, is 100% compliant with the DTC standards, the council’s decision is final. Neighbors cannot drag you to a tribunal to argue about "visual bulk" or "neighborhood character."
The Big Four: Key Standards for Custom Home Plans
While Clause 55 covers everything from energy efficiency to bin storage, four main areas usually dictate the "bones" of your design.
1. Neighbourhood Character & Setbacks (B6 & B17)
The new code has simplified these. Notably, the minimum front setback has been reduced in many cases to 6 metres (or the distance of the adjoining house). This allows a custom home builder more room to create an impressive façade and grand entry.
2. Site Coverage (B8)
This dictates how much of your land can be covered by buildings. The 2025 updates introduced zone-specific limits, such as 65% in the General Residential Zone. This provides more flexibility for larger, luxury floorplans while ensuring enough room remains for high-end landscape designs.
3. Tree Canopy (B7 - The Green Requirement)
In exchange for faster approvals, the government introduced a stricter Tree Canopy requirement.
You must dedicate at least 10% of the site to canopy trees.
This requires sophisticated landscape designs that integrate deep soil zones with the architecture of the home.
4. Amenity Protection (B22 & B21)
These rules protect both you and your neighbors from overlooking and overshadowing. A skilled luxury home builder will use architectural features, like high-sill windows or obscure glazing, to meet these standards without compromising the aesthetic of a modern home design.
How This Plays Out in Real Projects
The Challenges of a Sloping Block
A sloping block is notoriously difficult for Clause 55. Height is measured from "Natural Ground Level," meaning a home might be "over height" at the bottom of the slope. However, a sloping block also offers the chance for tiered landscape designs and dynamic, multi-level custom home plans. Under the new code, a builder who specializes in these terrains can use the DTC standards to mathematically prove compliance, avoiding the "subjective fear" councils often have regarding homes on hills.
The French Provincial Home
In established Melbourne suburbs, a French Provincial home is a popular choice for dual occupancy. Because these designs often feature significant massing and tall rooflines, meeting the "Side and Rear Setback" (B17) standards is vital. By ensuring the wrought iron balconies and mansard roofs are designed within the DTC envelope, you secure a faster path to construction.
The Hampton Style Home
For a Hampton Style home, the focus is often on light, air, and "indoor-outdoor" flow. The Clause 55 standards for "Side and Rear Setbacks" and "North-facing Windows" (B20) actually support the Hampton aesthetic by ensuring your living areas receive maximum natural light while protecting your neighbor’s privacy.
Why Your Choice of Builder Matters More Than Ever
In the past, you could "rough in" a design and fix the planning issues later. Under the new rules, precision is money.
If your design and build team misses a setback by just 100mm:
You lose the 10-day VicSmart fast track.
You lose the protection against VCAT appeals.
You gain 6–12 months of potential delays.
Compliance isn't a "bolt-on" at the end of the process; it must be baked into the very first sketch of your custom home plans.
Strategy Over Guesswork
Clause 55 is no longer an "enemy" to be defeated, it is a framework that rewards high-quality, compliant design with speed and certainty. The 2025 reforms have shifted the power back to homeowners who work with a professional custom home builder.
If you understand the standards and work with a team that integrates planning precision into their design and build process, the journey from "concept" to "construction" is shorter than it has ever been.
Thinking About Your Next Project?
At Carmel Homes, we specialize in high-end design and build projects across Melbourne. From the timeless elegance of a French Provincial home to the coastal charm of a Hampton Style home and the clean lines of a modern home design, we bring architectural excellence to every site.
We are a luxury home builder that understands that great landscape designs and brilliant custom home plans must go hand-in-hand with planning strategy. Whether you are building on a challenging sloping block or developing a premium dual occupancy, we ensure Clause 55 requirements are met from day one.
