Can I sell the second dwelling separately?
A secondary residence (granny flat) cannot be sold separately because it is a smaller dwelling that is subordinate to the main dwelling and remains on the same title.
A dual occupancy may be sold separately if the dwellings are separately titled, such as through an approved unit-title subdivision. Simply building a dual occupancy does not automatically mean the dwellings can be sold separately.
Reference:
Territory Plan 2023 – Part E01 Residential Zone Policy, F01 Subdivision Policy – Territory Plan 2023 | Notifiable instruments
Unit Titles Act 2001(ACT) (A2001-16) (registration and creation of unit titles) – Unit Titles Act 2001
Short Answer
Secondary residence: No. It is subordinate to the main dwelling, remains on the same title and cannot be sold separately.
Dual occupancy: Potentially yes, if the dwellings are separately titled.
Detailed Explanation
Under the ACT Territory Plan, a secondary residence is a second dwelling that is subordinate to the principal dwelling on the block. A block containing a principal dwelling and secondary residence cannot be separately subdivided or unit titled. Therefore, the secondary residence cannot be separately sold from the principal dwelling.
A dual occupancy is treated differently and may be separately sold where the development satisfies the applicable ACT subdivision requirements and separate titles are created, including through unit-title subdivision. Approval of a dual occupancy itself does not automatically create separate legal titles.
No minimum block size does not remove the need for planning assessment.
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