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

Yes, potentially. The ACT Missing Middle Housing Design Guide specifically shows dual occupancy developments on corner blocks, including attached and detached layouts that make use of the different street frontages.

Whether each dwelling can face a different street will depend on the particular block and design, including how the development addresses the street frontages, parking access and surrounding streetscape.

Reference: ACT Missing Middle Housing Design Guide – Part 3, Section 3.1B Multi-occupancy – https://www.planning.act.gov.au/__data/assets/pdf_file/0020/3092411/ACT-Missing-Middle-Housing-Design-Guide.pdf?utm_source

There is no general minimum block size for a dual occupancy in RZ1 or RZ2 under the current ACT Missing Middle Housing rules.

Instead of relying on a minimum block size, whether two dwellings can be developed on a particular block depends on whether the proposal can meet the applicable planning and design requirements, such as site coverage, building height, setbacks, private open space, planting, parking and access.

This means a smaller block may potentially accommodate a dual occupancy if an appropriate compliant design can be achieved.

Reference: Planning (Missing Middle Housing) Design Guide 2026 – ACT Missing Middle Housing Design

Yes, potentially. You may be able to extend or alter your existing house as part of creating a dual occupancy.

The completed development must provide two dwellings and meet the applicable dual occupancy (multi-unit housing) requirements. This includes requirements such as site coverage, setbacks, building height, private open space, planting, parking and access.

Whether this is possible will depend on the existing house, the block and whether the proposed development can meet the applicable planning and building requirements.

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

Yes, they can affect a dual occupancy. Easements, sewer or stormwater pipes, electricity infrastructure and other utility services can restrict where buildings can be located on the block.

You may need to keep certain areas clear so utility providers can access and maintain their infrastructure. In some circumstances, building within an easement or utility protection area may require written approval from the relevant utility provider.

This does not necessarily mean you cannot build a dual occupancy, but the easement or infrastructure may affect the location, size and layout of the dwellings.

Reference: ACT Easements – https://www.planning.act.gov.au/community/get-to-know-your-block/surveying-a-boundary/easements

Yes, potentially. A dual occupancy may be possible on a block smaller than 600 m², as the current planning framework does not set 600 m² as a general minimum block size for dual occupancy.

However, the ACT Missing Middle Housing Design Guide identifies blocks greater than 600 m² as typically suited to dual occupancy. Therefore, while a smaller block is not necessarily excluded, it may be more challenging to achieve an appropriate design that meets all applicable planning requirements.

Reference: Planning (Missing Middle Housing) Design Guide 2026 – ACT Missing Middle Housing Design Guide 

Yes. Parking spaces can be arranged in tandem for a dual occupancy, but the tandem spaces must belong to the same dwelling.

This means one dwelling can have two cars parked one behind the other, but a parking space belonging to one dwelling cannot be used in tandem with a parking space belonging to the other dwelling.

Parking must also:

• stay within the property boundaries;
• generally not be located in the front zone, subject to specified exceptions;
• be at least 1.5 m from habitable-room windows or doors of another dwelling; and
• be located within 50 m of the dwelling it serves.

Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) – Requirement 27.3, Car Parking – Planning (Residential Zones) Technical Specifications 2026 

Yes. Dual occupancy developments must provide a minimum amount of planting area.

For multi-unit housing, including dual occupancy, the minimum planting area is:

• RZ1 and RZ2: at least 30% of the block area
• RZ3, RZ4 and RZ5: at least 25% of the block area

The planting area must also meet the applicable technical requirements for its dimensions and layout, and separate tree-canopy and planting requirements may also apply.

Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) – Specification 19.1, Planting Area – Multi-unit Housing – Planning (Residential Zones) Technical Specifications 2026

For a dual occupancy, the parking requirements depend on the residential zone and the number of bedrooms in each dwelling.

For RZ1 and RZ2:

• At least 1 car parking space per dwelling.
• Plus 1 additional space for every five 2-bedroom dwellings.
• Plus 1 additional space for every three dwellings with 3 or more bedrooms.

For a typical dual occupancy of only two dwellings, this means the starting requirement is 2 parking spaces in total — one for each dwelling. Additional parking is calculated across the development according to the bedroom-based rates above.

For RZ3, RZ4 and RZ5, the same resident parking rates apply. Visitor parking is additionally required where a development contains 4 or more dwellings, so this visitor-parking requirement would not normally apply to a two-dwelling dual occupancy.

Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) – Parking Provision Rates for Residential Zones & Requirement 27.3 Car Parking – https://www.legislation.act.gov.au/View/ni/2026-303/current/PDF/2026-303.PDF

A dual occupancy is generally designed as a low-rise development of 1–2 storeys.

For a dual occupancy in RZ1, the maximum permitted height is 2 storeys. The Missing Middle Housing Design Guide also identifies 1–2 storeys as the typical height for dual occupancy.

The achievable height will still depend on the applicable building height, setbacks and other planning requirements for the block.

Reference: Planning (Missing Middle Housing) Design Guide 2026 – https://www.planning.act.gov.au/__data/assets/pdf_file/0020/3092411/ACT-Missing-Middle-Housing-Design-Guide.pdf 

Yes. For a dual occupancy, the dwellings generally need to be constructed and have their Certificates of Occupancy and Use before separate unit titles can be approved.

You may be able to lodge the unit title application earlier, but the required completion documents, including the Certificates of Occupancy and Use, must be provided before final approval of the unit titles.

ACT Government – Advisory Note 19: Block Subdivision versus Unit Title Subdivision in Residential Zones – Block Subdivision vs Unit Title Subdivision (Residential Zones)

After unit titling, shared areas designated as common property are collectively owned by the unit owners.

For a dual occupancy with different owners, each owner has a share in the common property based on their unit entitlement. The owners corporation manages the common property on behalf of the owners.

Common property can include shared areas such as driveways, paths and other shared spaces, depending on what is shown on the registered Units Plan.

Reference: Unit Titles Act 2001 – Section 13, Common Property – https://www.legislation.act.gov.au/View/a/2001-16/current/html/2001-16.html

No. A new dual occupancy is not DA-exempt and requires a Development Application (DA).

The ACT Government specifically states that a dual occupancy development does not meet the requirements for exempt development under the Planning Act and that a DA must be prepared and lodged with the Territory Planning Authority.

The proposal must then be assessed against the applicable Territory Plan requirements for dual occupancy.

Reference: Planning (Exempt Development) Regulation 2023 – Schedule 1, Sections 1.10 and 1.15 – Criterion 5: No multiple occupancy dwellings – Planning (Exempt Development) Regulation 2023 

No. Building or obtaining approval for a dual occupancy does not automatically mean the two dwellings qualify for separate titles.

Creating separate unit titles involves a unit title subdivision, which must separately comply with the applicable Territory Plan subdivision requirements and the Unit Titles Act 2001.

Whether separate titles can be obtained therefore depends on whether the particular dual occupancy satisfies those requirements.

Reference: Territory Plan 2023 (NI2023-540), Part F1 – Subdivision Policy – https://www.legislation.act.gov.au/ni/2023-540/Current

A Development Approval (DA) generally remains valid for 5 years from the date the approval takes effect.

An application may be made to extend the approval period, subject to meeting the applicable requirements.

Reference: Planning Act 2023 – Development Approval duration and extension provisions; ACT Government – Possible Outcomes – When DA Approval Expires – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply/possible-outcomes

For a standard dual-occupancy Development Application, the statutory decision timeframe is generally 30 working days if no representations (public comments or objections) are received, or 45 working days if representations are received.

Before assessment starts, ACT Planning also undertakes a completeness check, which it aims to complete within 5–10 working days. The overall process can take longer if further information is requested, the proposal is amended, or pre-decision advice is issued, as these can pause or restart the statutory timeframe.

Reference: ACT Government – After You Apply → Approval Timeframes – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply

Yes. A dual occupancy can be designed on a battle-axe block, subject to meeting the applicable planning requirements.

The ACT Missing Middle Housing Design Guide specifically provides an example of a dual occupancy on a battle-axe block. In the example, the block also fronts public open space, and the dwellings are positioned to provide front gardens and direct access to the public open space, supporting activation and passive surveillance

Whether a particular battle-axe block can accommodate a dual occupancy will still depend on the site's circumstances and compliance with the applicable Territory Plan requirements.

Reference: ACT Missing Middle Housing Design Guide – Site and Land Use → Irregular Blocks – https://www.planning.act.gov.au/__data/assets/pdf_file/0020/3092411/ACT-Missing-Middle-Housing-Design-Guide.pdf

Yes. A dual occupancy adjoining public open space may be subject to specific planning requirements, particularly setback requirements for boundaries adjoining public open space.

In addition, the Missing Middle Housing Design Guide recommends designing the development to create a positive relationship with the open space, including landscaping, passive surveillance, appropriate privacy and minimising overshadowing.

The exact requirements depend on the block, zone, building height and the particular boundary adjoining the public open space.

Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) – https://www.legislation.act.gov.au/View/ni/2026-303/current/PDF/2026-303.PDF & ACT Missing Middle Housing Design Guide – ACT Missing Middle Housing Design Guide

Yes, potentially. A dual occupancy can be built in a Bushfire Prone Area (BPA), but additional bushfire planning and construction requirements apply.

The ACT Bushfire Management Standards apply to all development within a mapped Bushfire Prone Area, including residential development. The proposal must respond to the site's bushfire risk and incorporate the applicable Bushfire Protection Measures, which may include building separation and defendable space, appropriate emergency access and egress, construction standards, services and vegetation/fuel management.

Being in a Bushfire Prone Area therefore does not automatically prohibit a dual occupancy, but the development must satisfy the applicable bushfire requirements.

Reference Emergencies Bushfire Management Standards 2025 (NI2025-265) – https://www.legislation.act.gov.au/View/ni/2025-265/current/html/2025-265.html

Yes, generally. Selling the property does not, by itself, cancel an existing Development Approval. An approved DA can generally remain applicable to the development after ownership changes, provided the approval is still current and its conditions are complied with.

Reference: ACT Property developers licensing scheme – https://www.planning.act.gov.au/professionals/regulation-and-responsibilities/property-developers-licensing-scheme

Yes. A new dual occupancy generally requires a separate Building Approval (BA) after Development Approval (DA).

The DA provides planning approval, while the BA assesses the detailed building work against the Building Act 2004, applicable building regulations and the National Construction Code (NCC). A licensed building surveyor is appointed as the certifier for the BA process.

Reference: ACT Complying with your development approval – https://www.planning.act.gov.au/applications-and-assessments/development-applications/complying-with-your-development-approval

Yes. Both dwellings in a dual occupancy can share a driveway, provided the driveway, parking and vehicle-access arrangement meets the applicable planning requirements.

The Missing Middle Housing Design Guide specifically recognises dual occupancy as multi-occupancy housing and refers to common landscaping where there is a shared driveway.

Under the Residential Zones Technical Specifications, the driveway and parking arrangement must also address requirements including:

• Required car parking: the required number of parking spaces must be provided for the dwellings.
• Parking location: parking must comply with the rules about where spaces can be located on the block.
• Tandem parking: spaces can be in tandem only where they belong to the same dwelling. This is important—a shared driveway does not mean one dwelling's required parking space can be trapped behind the other dwelling's parking space.
• Property boundaries: parking spaces must not encroach across property boundaries.
• Safe driveway design: Specification 27.4 requires verge crossings and internal driveways to be designed for safe use by pedestrians, cyclists and vehicles, including consideration of vehicle-speed reduction measures.
• Garage/carport presentation: where garages or carports face a street, their openings are also subject to applicable streetscape controls.

The overall arrangement must therefore provide compliant vehicle access, parking and safe movement, even though the physical driveway itself may be shared.

Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) – https://www.legislation.act.gov.au/View/ni/2026-303/current/PDF/2026-303.PDF & ACT Missing Middle Housing Design Guide – 3.1B Multi-Occupancy – ACT Missing Middle Housing Design Guide

Yes. A new driveway or verge crossing requires driveway approval from ACT City Services. For a dual occupancy, the proposed driveway may also form part of the Development Application and must comply with the applicable planning requirements.

A Building Approval alone does not approve the driveway—ACT City Services specifically states that stamped BA drawings from a certifier do not mean the driveway is approved.

Reference:ACT City Services – Domestic Driveways – https://www.cityservices.act.gov.au/plan-and-build/building-works/driveway-applications