Do you need a planning permit to build Specialist Disability Accommodation (SDA) in Victoria? The answer depends on Clause 52.22 of the Victorian Planning Provisions. Introduced in November 2022, this exemption can save you 3-6 months in approval timelines and thousands in planning costs. In this guide, we explain what qualifies for exemption, when permits are still required, and how Paramount Disability Homes can provide the SDA provider letter that unlocks this fast-track pathway.

Disclaimer: This information is general guidance only and does not constitute professional planning advice. Planning requirements vary by location and change over time. Consult a qualified town planner or your local council for site-specific advice. Paramount is a registered NDIS SDA provider and can assist with provider letters for qualifying developments.

What is Clause 52.22?

Clause 52.22, titled "Community Care Accommodation," was introduced through Amendment VC226 on 4 November 2022. It exempts qualifying SDA developments from planning permit requirements across all Victorian councils.

Before this amendment, SDA developers faced 3-6 month planning permit processes involving council assessment, public notification, and potential objections. Clause 52.22 removes this requirement entirely for developments meeting specific criteria, addressing the critical shortage of purpose-built housing for people with disability.

For investors, this means reduced holding costs, earlier rental income, and improved project feasibility. However, you must meet four mandatory requirements.

Does Your SDA Development Qualify for Exemption?

Your development must satisfy all four requirements simultaneously. Missing any single requirement means a standard planning permit is required.

Requirement 1: NDIS Registered Provider

The development must be undertaken "by or on behalf of" a registered NDIS SDA provider. You don't need to be a provider yourself. Most investors partner with a provider who becomes the landlord for the completed dwelling. Paramount is a registered NDIS SDA provider and can provide the required documentation for qualifying developments.

Requirement 2: SDA Design Standard Certification

Your design must be certified to meet the NDIS SDA Design Standard for one of the four SDA design categories: Improved Liveability, Fully Accessible, Robust, or High Physical Support. Engage an architect experienced in SDA to create compliant plans.

Requirement 3: Accredited Assessor Certification

An accredited third-party assessor must formally certify your design complies with the SDA Design Standard. This assessment typically takes 2-4 weeks and is a prerequisite for obtaining the provider letter.

Requirement 4: Provider Letter

A letter from the registered SDA provider on official letterhead must include:

• NDIS registration number (verifiable on the provider register)
• Complete site address
• SDA design category being constructed
• Housing typology (apartment, villa, townhouse, or house)
• Confirmation the development is "by or on behalf of" the provider

Paramount provides these letters for qualifying developments. Contact us at (03) 9999 7418 to discuss your project.

When You Still Need a Planning Permit

Clause 52.22 does not override all planning controls. Two situations commonly require permits despite meeting SDA requirements.

Overlay Zones

Properties in certain overlay zones still require permits:

• Heritage Overlay (HO) - properties in heritage areas
• Design and Development Overlay (DDO) - design-controlled precincts
• Environmental Significance Overlay (ESO) - environmentally sensitive areas
• Vegetation Protection Overlay (VPO) - significant tree protection
• Special Building Overlay (SBO) - flood-prone land

Check your site using VicPlan or contact your council planning department before purchasing.

Council Variations

While Clause 52.22 applies statewide, some councils interpret it more conservatively or have specific notification processes. Schedule a pre-application meeting with council to identify potential issues early.

Remember: you still need a building permit regardless of planning exemption status.

Timeline Comparison

Standard planning permits take 3-4 months minimum, extending to 6-18 months with objections or VCAT appeals.

With Clause 52.22:

• Design and plans: 4-8 weeks
• Design certification: 2-4 weeks
• Provider letter: 1-2 weeks
• Council notification (if required): 1-2 weeks

Total: 8-14 weeks versus 12-36 weeks for standard planning.

Cost savings are equally significant. Planning permits cost $1,500-3,000 in council fees plus $3,000-8,000 for consultants, eliminated entirely with the exemption.

Steps to Build SDA Using Clause 52.22

Step 1: Site Due Diligence - Check for overlay zones using VicPlan. Verify residential zoning and proximity to services, transport, and family networks.

Step 2: Partner with an SDA Provider - Contact providers like Paramount early to establish partnership and clarify documentation requirements.

Step 3: Engage SDA Designer - Work with an architect experienced in the NDIS SDA Design Standard for your chosen category.

Step 4: Obtain Design Certification - Submit completed plans to an accredited assessor for formal certification (2-4 weeks).

Step 5: Obtain Provider Letter - Submit certification to your provider partner. Paramount typically issues letters within 1-2 weeks.

Step 6: Notify Council - Some councils request notification. Submit documentation package if required.

Step 7: Building Permit - Apply through a registered building surveyor (4-8 weeks).

Step 8: Construction and Completion - Build to certified design. Enrol property with provider for tenant matching upon completion.

Frequently Asked Questions

Q: Do I still need permits with Clause 52.22?

A: You don't need a planning permit if you meet all four requirements, but you still need a building permit. Building permits are mandatory for all construction.

Q: Can I use the exemption if I'm not an SDA provider?

A: Yes. The exemption allows development "on behalf of" a registered provider. Partner with a provider like Paramount to obtain the required letter while retaining property ownership.

Q: What SDA categories does Paramount support?

A: We provide SDA housing across all four categories and can issue provider letters for developments in any category, subject to design certification and location suitability.

Q: How long does it take to get a provider letter?

A: Once you have design certification, we typically issue provider letters within 1-2 weeks. Contact us early in your development process to streamline timelines.

Q: Does the exemption apply in all Victorian councils?

A: Yes. Clause 52.22 applies statewide, though administrative processes vary between councils. Check with your local planning department about their specific procedures.

Contact Paramount for Your Provider Letter

Clause 52.22 provides significant opportunity for SDA investors in Victoria, saving 3-6 months and eliminating planning costs. The four requirements are clear: development by or on behalf of a registered provider, design certification, accredited assessor verification, and a provider letter.

Paramount Disability Homes provides provider letters for qualifying developments where we will be the ongoing SDA provider. Beyond documentation, we offer complete property management including participant matching, lease administration, and compliance management.

Ready to discuss your SDA development?

• Phone: (03) 9999 7418
• Email: admin@paramounthomes.com.au

Explore our SDA properties across Victoria, learn about SDA eligibility, or see our custom SDA development in Pascoe Vale South. Contact our team to start your development conversation.