The Victorian Government has today gazetted the Mid-Rise Code, introducing “deemed to comply” controls for 4 to 6-storey buildings and set to come into effect in 28 days.
The Mid-Rise Code introduces a new planning pathway based on deemed to comply standards. Where a proposal meets these standards, third-party appeal rights are removed, and applications must be approved by the relevant authority without being subject to objector review at VCAT. This represents a significant shift in how medium-density development is assessed.
The Code supports the delivery of 4 to 6-storey development in appropriate locations, enabling a more consistent and efficient approach to medium-density housing outcomes. By clearly defining built form expectations, it reduces ambiguity around neighbourhood character and other commonly contested planning considerations.
What does this mean in practice?
Neighbourhood character becomes more standardised
The Code reduces reliance on subjective assessments of neighbourhood character by introducing measurable built form controls. Elements such as setbacks, site coverage and tree canopy are now clearly defined, shifting the focus from interpretation to compliance.
This will provide more certainty, but it also changes how character is considered. Rather than responding to existing context on a case-by-case basis, proposals will be assessed against a consistent set of standards that guide future character.
Setbacks are now prescribed, not negotiated
Street, side and rear setbacks are set out with clear minimum requirements. For example, front setbacks default to 4.5 metres and side or rear setbacks are typically 4.5 metres, with increased setbacks for south-facing interfaces.
These controls leave less room for variation. Design resolution upfront becomes critical, particularly where sites have constraints or irregular conditions.
Third-party appeal rights depend on compliance
Where a proposal meets all deemed to comply standards, third-party appeal rights are removed and the application must be approved.
However, if a proposal does not meet one or more standards, the application moves back into a merit-based assessment. This means:
· Council retains discretion
· Decision guidelines apply
· Third-party appeal rights are reinstated
This creates two distinct pathways; a faster, lower-risk approval pathway, and a discretionary pathway that looks more like the current system.
What this means for developers and landowners
The changes to the framework mark a departure from previous planning processes, which often involved extended assessment timeframes, third-party appeals, and uncertainty. The introduction of deemed to comply controls provides greater confidence for developers and landowners, with a clearer pathway to approval where proposals meet the prescribed standards.
The Mid-Rise Code will complement the impending rollout of the Activity Centre Program Phase 1 Stage 2, which will unlock new development potential for many sites through rezoning to the Housing Choice and Transport Zone. Properties that were previously constrained by discretionary controls, appeal risks and 2 to 3-storey height controls may now be more readily developed up to 6 storeys, provided they align with the Code’s requirements and lot size controls.
As with the Low-Rise Code, there is an increased emphasis on preparing thorough, high-quality applications from the outset. While the pathway to approval is clearer, proposals will still require careful design resolution to ensure full compliance with the relevant standards.
How we can help
At Ratio, we assist clients in navigating the Mid-Rise Code, identifying development opportunities, and ensuring proposals are aligned with the new planning controls while achieving strong commercial and design outcomes.
If you would like to discuss how the Mid-Rise Code may affect your site or explore potential development opportunities, please contact us at mail@ratio.com.au
