Planning a dual occupancy development? What to consider from a certification perspective
Dual occupancies continue to be a popular option for builders and developers looking to maximise site potential, especially in high-growth areas where demand for diverse housing types is strong.
But from a certification perspective, they come with additional layers of complexity.
Here are a few things to keep in mind if you’re planning a dual occupancy development in NSW or QLD, from approval pathways to certification requirements and subdivision considerations.
Know your certification pathway
The certification pathway you follow will depend on the state you’re in and the zoning of your site.
In NSW, dual occupancies can be approved via Development Applications (DA) or Complying Development Certificates (CDC), depending on the zoning and whether the proposal meets the criteria under the Low Rise Housing Diversity Code. This includes minimum lot size under the LEP (if any, otherwise under the codes SEPP) and compliance with the LRHD Design Guide, which must be confirmed via a checklist and statement from an accredited designer.
In QLD, the process is similar. The feasibility of a dual occupancy development under a fast-tracked pathway will depend on zoning as well as other requirements and whether the proposal aligns with the applicable planning scheme.
Confirming the right pathway early is key as it sets the direction for your design and documentation from day one.
Consider fire safety from the outset
Fire safety is a critical consideration in dual occupancy projects. From a BCA perspective, having two Class 1 buildings on a single lot introduces enhanced separation requirements that can impact design from the outset, such as:
- Separating walls
- External wall placement and treatments
- Vertical projections
- Attached Class 10a structures (like garages)
- Encroachments into setbacks.
These elements can result in a significant redesign and unexpected costs if not taken into account early on in the design phase.
Understanding infrastructure contributions in dual occupancy developments
Dual occupancy developments can trigger infrastructure contributions including local and sometimes state-level fees. These fees help fund public amenities and services affected by the development.
What to keep in mind:
- Engage with local authorities early: In NSW, Section 7.11 or 7.12 contributions often apply. These fees support local infrastructure like roads, parks and community facilities. In QLD, similar charges may be required but it’s recommended to check with your local council as requirements vary.
- Review local council contribution plans: Each council has its own contribution plan that outlines applicable fees. Reviewing these plans helps estimate potential costs.
- Consult with professionals: Town planners or development consultants can clarify what applies and help manage these costs strategically.
Confirm service availability
Another practical consideration is that not all sites are set up to support more than one dwelling. Adding a second can require services including water, sewer, stormwater, and electricity to be upgraded or extended.
This is especially true in older or regional areas, where infrastructure may not be equipped for higher density.
Confirming this upfront can help avoid costly redesigns or delays during construction.
Subdivision requirements
When planning a dual occupancy development, understanding the subdivision process is crucial, as it determines how and if properties can be legally separated and sold.
There are two primary options, each with distinct requirements and implications:
- Torrens Title subdivision: This method creates separate, independently owned lots for each dwelling. Approval depends on meeting specific criteria, including minimum lot sizes, frontage widths, and zoning regulations, which can vary by local council.
- Strata Title subdivision: Strata subdivision allows individual ownership of dwellings while sharing common property, such as driveways or gardens. This approach is often used when Torrens Title subdivision isn’t feasible due to lot size or zoning constraints. Requirements for Strata subdivision also vary depending on council areas.
Navigating these requirements can be complex. It’s important to understand that there are cases where you can’t subdivide a dual occupancy. This is why obtaining clear and concise subdivision advice at the very beginning of any project is important.
We recommend working with Landcert, part of our corporate family, who specialise in subdivision approvals throughout NSW.
Their expertise in subdivision certification ensures compliance with all necessary regulations, saving time and reducing potential complications.
Dual occupancy developments offer strong potential but from a certification perspective, they require careful planning and a clear understanding of approval pathways and compliance.
If you’re working on a dual occupancy project in NSW or QLD and want to avoid common pitfalls, our team is here to help.
