What determines whether an RZ1 property can be subdivided?
Yes. In the RZ1 – Suburban Zone, subdivision may be permitted where the proposal meets the relevant planning requirements.
There are two main types of subdivision that may apply, depending on your proposal:
- Block subdivision – where one block is divided into two or more separate blocks that can each accommodate a dwelling (subject to planning requirements).
- Unit title subdivision – where a completed multi-unit development is subdivided into individual unit titles.
ACT Government – Advisory Note 19: Block Subdivision versus Unit Title Subdivision in Residential Zones –Block Subdivision vs Unit Title Subdivision (Residential Zones)
Short Answer
Subdivision is permitted in the RZ1 – Suburban Zone, subject to compliance with applicable planning requirements. This may include:
- Block subdivision – dividing one block into two or more lots capable of accommodating dwellings.
- Unit title subdivision – subdividing a completed multi-unit development into individual unit titles.
Detailed Explanation
In the RZ1 – Suburban Zone, subdivision may be permitted where the proposal meets the relevant planning requirements. The requirements vary depending on the type of subdivision being proposed.
For Block Subdivision, you can create one or more new blocks if:
- The ACT planning system allows block subdivision in residential zones RZ1 to RZ5, as long as the proposal meets the planning requirements.
- A Development Application (DA) must show that each new block can fit a home that complies with the Territory Plan. This means vacant blocks can be created if it can be demonstrated that a suitable dwelling could be built on each block in the future.
- The Subdivision Technical Specifications provide guidance on minimum block sizes for new residential blocks. For example, in an established RZ1 zone, new blocks created through subdivision should generally be at least 350 m².
- Each new block may need its own separate utility connections and meters (such as electricity, water, and other services). Applicants should check servicing requirements and costs early, as these can be significant.
You can also create a unit title subdivision for a multi-unit housing development :
- All dwellings must be fully built and have an Occupancy Certificate before you can apply for unit title subdivision. The unit title process is a separate application that happens after construction is complete.
- Each unit needs its own electricity and water meters. However, services such as electricity, sewer, and stormwater may share the main connection point to the block.
- A unit title development must have at least two units and include common property (shared areas such as driveways or shared facilities). The owners’ corporation, made up of all unit owners, manages the shared areas, costs, and administration.
- A unit title application may not be approved if it does not meet the Crown lease requirements, such as the allowed number of dwellings, lease purpose, or having less than 50 years remaining on the lease. A further Crown lease can be applied for if required.
- In the RZ1 – Suburban Zone, dual occupancy development on a standard block is permitted where the block is at least 600 m² and all dwellings have been legally constructed. The subdivision must also meet the requirements of the Territory Plan.
A staged unit title subdivision is not allowed if the development has fewer than five units.
These rules do not apply to a minor boundary adjustment where no new blocks are created.
No minimum block size does not remove the need for planning assessment.
Would you like to know what these rules mean for your property?
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