Can I sell one dwelling and keep the other?
Yes, if the dwellings have separate registered titles. If your dual occupancy has been successfully unit titled, you can generally sell one dwelling and keep ownership of the other.
If the dual occupancy remains on one title, the individual dwellings cannot generally be sold separately because they are still part of the same titled property.
Any shared areas, such as a common driveway, remain subject to the registered Units Plan and owners corporation arrangements.
Reference: Unit Titles Act 2001 – Guide to the Unit Title Application Process – https://www.legislation.act.gov.au/View/a/2001-16/current/html/2001-16.html
Short Answer
Yes, if the dual occupancy has separate registered titles. You can sell one titled dwelling and keep the other. If both dwellings remain on one title, they generally cannot be sold separately.
Detailed Explanation
Yes, provided separate titles have been created and registered. Following registration of a Units Plan, a separate title is created for each unit. This enables one unit in a dual occupancy to be transferred or sold independently while the owner retains the other unit.
Where the dual occupancy has not been separately titled, the two dwellings remain part of the same titled property and cannot ordinarily be transferred as separate units.
No minimum block size does not remove the need for planning assessment.
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