Are there requirements for boundary fencing between the dwellings?
Not necessarily a requirement for a physical fence between the two dwellings. For a dual occupancy, the ACT planning framework focuses on providing appropriate privacy, private open space, landscaping and separation rather than imposing a blanket rule that the dwellings must be divided by a boundary fence.
The Missing Middle Housing Design Guide recognises dual occupancies with private yards as well as shared/common areas, such as landscaping associated with a shared driveway. This means the appropriate treatment between the dwellings will depend on the proposed layout and how private and shared spaces are designed.
Where a fence is proposed, separate planning requirements may apply to the location and height of the fence, particularly where it is near the street/front boundary. ACT Planning notes that fences within the area between the front boundary and building line are generally not DA-exempt under the standard fencing exemption.
Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) – Planning (Residential Zones) Technical Specifications 2026
Short Answer
Not necessarily. There is no blanket requirement for the two dwellings in a dual occupancy to be separated by a boundary fence. The design must instead appropriately address privacy, private/open spaces and landscaping. If fencing is proposed, the applicable fence height and location requirements must be met.
Detailed Explanation
There is no general requirement identified in the applicable residential planning provisions requiring a boundary fence to physically separate the two dwellings of every dual occupancy. The development must instead satisfy the applicable requirements and assessment outcomes concerning privacy, private open space, landscaping and site design.
Where fencing is incorporated into the proposal, its design and location must comply with the applicable planning provisions. For DA-exempt fencing, the Planning (Exempt Development) Regulation 2023 contains specific requirements under Schedule 1, Part 1.4, Division 1.4.2, s 1.48, including requirements concerning fence height and location relative to the front boundary and building line.
The Missing Middle Housing Design Guide also applies to residential proposals of three storeys or less containing more than one dwelling, which includes dual occupancy, and must be considered as part of the design response.
No minimum block size does not remove the need for planning assessment.
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