Potentially, yes. Dual occupancy may be permitted on land in ACT residential zones where multi-unit housing is permitted, including RZ1 Suburban, RZ2 Suburban Core, RZ3 Urban Residential, RZ4 Medium Density Residential and RZ5 High Density Residential.

Whether you can actually build a dual occupancy on your block will depend on its zoning, Crown lease, site constraints and proposed design. The development must meet the applicable requirements for matters such as site coverage, setbacks, building height, private open space, planting, parking and access.

Reference: Territory Plan 2023 – Part E01 Residential Zone Policy –  Territory Plan 2023 | Notifiable instruments

The fire-separation requirements for a secondary residence depend on how close it is to the main dwelling, other buildings and the property boundaries.

Under the NCC, fire-resisting construction is generally required where a Class 1 building is less than 900 mm from a property boundary (other than a boundary adjoining a road or public space), or less than 1.8 m from another building on the same block, subject to the applicable exceptions.

Where a wall is required to be fire-resisting, the NCC provides compliant construction methods, including walls achieving an FRL of at least 60/60/60 or specified masonry construction.

If the secondary residence is attached to another Class 1 dwelling, additional requirements for separating walls may apply.

The exact fire-separation requirements should be confirmed by the building certifier based on the particular design and the version of the NCC being used for the Building Approval.

Reference: National Construction Code – Volume Two, Part H3 Fire Safety; ABCB Housing Provisions, Part 9.2 Fire Separation of External Walls & Part 9.3 Fire Protection of Separating Walls and Floors – https://ncc.abcb.gov.au/editions/ncc-2022/adopted/volume-two/h-class-1-and-10-buildings/part-h3-fire-safety?utm_source

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

Yes. A dual occupancy must be designed to provide appropriate privacy between the two dwellings and from neighbouring properties.

The current ACT residential requirements address privacy through the location and design of windows, balconies, decks and private open spaces, particularly where they could create direct overlooking. Depending on the layout, the design may need to use measures such as building orientation, separation, privacy screening, fencing, landscaping, louvres or other architectural screening to limit overlooking.

The Missing Middle Housing Design Guide also requires privacy to be considered when locating balconies and private open spaces. These areas should be positioned to minimise overlooking of neighbouring private open spaces, with landscaping, fencing and integrated architectural screening used where appropriate.

The exact privacy treatment required will depend on the position, level and orientation of each dwelling and its relationship to neighbouring properties.

Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) – https://www.legislation.act.gov.au/View/ni/2026-303/current/PDF/2026-303.PDF & Planning (Missing Middle Housing) Design Guide 2026 (NI2026-312) – Section 5.2C Privacy and Outlook –https://www.planning.act.gov.au/__data/assets/pdf_file/0020/3092411/ACT-Missing-Middle-Housing-Design-Guide.pdf?

No. A secondary residence (granny flat) cannot be separately unit titled in the ACT. It is subordinate to the main dwelling and remains part of the same block and title.

This means you cannot create a separate unit title for the secondary residence so that it can be independently owned or sold.

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

No, not necessarily. You may be able to retain your existing house and add a second dwelling to create a dual occupancy.

Whether this is possible depends on the existing house’s location and whether the completed development can meet the applicable dual occupancy requirements, including site coverage, setbacks, private open space, planting, parking and access.

Reference: Planning (Missing Middle Housing) Design Guide 2026 – ACT Missing Middle Housing Design Guide & Territory Plan 2023 – Part E01 Residential Zone Policy –  Territory Plan 2023 | Notifiable instruments