What is the difference between dual occupancy housing, a secondary residence and townhouses?

The difference between these residential development types is that a secondary residence is a second dwelling on a block that remains subordinate to the principal dwelling on that block, whereas dual occupancy housing is the use of land that was originally used or leased for single dwelling housing for two dwellings. In contrast, a townhouse development generally consists of multiple dwellings arranged as individual homes within one development site, usually involving a higher density of residential development than a dual occupancy.Reference: Territory Plan 2023, Part G - Dictionary - Territory Plan 2023 | Notifiable instruments

What determines whether a dual occupancy is permitted on an RZ1 property?

The Territory Plan 2023 determines whether a dual occupancy is permitted on an RZ1 property.Under Part E – Zone Policies, E1 Residential Zones Policy, the RZ1 land use table identifies multi-unit housing as a permissible use.While the land use table does not specifically refer to "dual occupancy", Part G – Dictionary defines dual occupancy as a form of multi-unit housing.Therefore, dual occupancy is considered a permissible form of development in RZ1, subject to compliance with the applicable Territory Plan assessment requirements and approval under the Planning Act 2023 (ACT). Reference: Territory Plan 2023 – Part E, E1 Residential Zones Policy (Land Use Table) & Part G Dictionary (definitions) - https://www.legislation.act.gov.au/ni/2023-540/Current

What planning provisions determine whether a secondary residence is permitted?

Residential Zones Policy Land Use Table permits secondary residence for residential zones. The proposal must also comply with the relevant assessment requirements and obtain any required approval under the Planning Act 2023 (ACT).Reference: Territory Plan 2023 – Part E, E1 Residential Zones Policy (Land Use Table) - https://www.legislation.act.gov.au/ni/2023-540/Current

Under what circumstances can unit titles be created following residential development?

For residential development, including eligible multi-unit housing such as dual occupancy, the dwellings generally need to be lawfully constructed and have the required Certificate of Occupancy and Use before the unit title can be approved.Unit titles can be created when a residential development can be legally divided into separate units and common property through the registration of a Units Plan under the Unit Titles Act 2001 (ACT). This generally applies to developments such as: apartments (Class A units), where units are defined by building boundaries such as walls, floors and ceilings; andtownhouses or dual occupancy developments (Class B units), where each dwelling can be separately identified. The development must have: at least two units; areas of common property shared by the owners; anda registered Units Plan that defines the unit boundaries and ownership interests. Reference: Unit titles - City and Environment Directorate - Planning

How is the maximum development potential of an RZ1 property determined?

To work out the maximum development potential of an RZ1 property, the ACT planning system requires several planning documents to be considered together. First, confirm which planning rules apply to the property. Then check the Residential Zones Policy (E01) to understand what types of development are allowed. Next, use the Residential Zones Technical Specifications to find the detailed rules, such as building height, setbacks, and site coverage. After that, check the District Policy for any additional local requirements. Finally, consider the property's own characteristics, such as its size, shape, easements, heritage status, or environmental constraints. Looking at all of these together provides the most accurate assessment of what can be built on the property. Assessment Methodology: Check the planning rules – Confirm the property's zone and identify any planning rules that apply to the site. Read the Residential Zones Policy (E01) – Check what types of development are allowed and the general planning requirements. Check the Technical Specifications – Review the detailed building rules, such as height limits, setbacks, site coverage, and landscaping requirements. Review the District Policy – See if there are any extra local planning requirements for the area. Look at the property itself – Consider the block size, shape, easements, heritage, environmental issues, and any other site-specific constraints. Put everything together – Use all of this information to work out the maximum development that complies with the ACT planning rules. Reference: Territory Plan 2023 – Part E, E1 Residential Zones Policy & Part D - Distric Policies - https://www.legislation.act.gov.au/ni/2023-540/Current, Planning (Residential Zones) Technical Specifications 2026 (NI2026-303)) - Planning (Residential Zones) Technical Specifications 2026

How do I determine the highest and best development use of my Canberra property under the current planning rules?

The best way to determine what you can do with your Canberra property is to first understand your block’s rules and restrictions, such as zoning, easements, services, and other planning requirements. These factors help identify which development options are realistic and suitable for your property.We can guide you through the best use of your Canberra property, but taking the time to understand your block’s unique conditions and restrictions will help ensure you choose a development option that works best for your circumstances.Reference: ACT Understanding your block - Understanding your block - City and Environment Directorate - Planning

Can I construct the development first and subdivide or unit title the property later?

Yes, you can build first and subdivide later, but it depends on the type of subdivision. If you want to create separate unit titles, you usually need to build the homes first and complete the required approvals before the units can be separated and sold. If you are doing a block subdivision, you can usually subdivide the land first and build later, as long as each new block can support a suitable dwelling. The right option depends on whether you want to create separate blocks or separate units within a development. ACT Government – Advisory Note 19: Block Subdivision versus Unit Title Subdivision in Residential Zones - Block Subdivision vs Unit Title Subdivision (Residential Zones)

What are the first steps before starting a dual occupancy or subdivision project?

Before starting a dual occupancy or subdivision project, first find out what you can do on your block. Check your property's zoning, planning rules, easements, available services, and any restrictions. You should also decide whether your project will involve creating separate blocks (block subdivision) or separate unit titles (unit title subdivision). Understanding these requirements early will help you choose the right development option and avoid delays. Reference: ACT Understanding your block - Understanding your block - City and Environment Directorate - Planning

How long does a Development Application for subdivision typically take, and what costs should be budgeted for?

A subdivision Development Application is usually treated as a significant development, so it goes through public consultation and a detailed assessment. Once your application is complete, the ACT Government generally aims to make a decision within 60 working days, although the process can take longer if more information is needed or changes are made during the assessment. You should also budget for the new Crown lease fee (about $7,500 for each additional lease), application and processing fees, and professional costs such as surveying and planning. If your Crown lease needs to be changed before the subdivision can proceed, there may be extra costs. A benefit of block subdivision is that it can usually be completed before construction begins, so building time is not included in the subdivision assessment period. Reference: ACT After you Apply - After you apply - City and Environment Directorate - Planning

How does the Lease Variation Charge reduction affect the cost of Missing Middle development?

The Lease Variation Charge (LVC) reduction lowers the cost of eligible Missing Middle housing developments by reducing the amount payable when a Crown Lease is varied to allow additional dwellings. Eligible developments in RZ1 and RZ2 zones can receive a 50% reduction in the codified Lease Variation Charge, reducing the upfront cost of creating additional development rights. Reference: Lease Variation Charge reduction for missing middle development - ACT Government

When should I engage a town planner, surveyor and building designer?

For an ACT development, it is best to involve these professionals early, before you submit your Development Application (DA): Town planner: At the beginning, to check what you can build and what planning rules apply. Surveyor: Early on, to check your block’s boundaries, levels and site conditions. You will also need one for subdivision or unit titling. Building designer/architect: Once the basic planning and site requirements are known, to design the development. For dual occupancy or other multi-unit residential developments, getting these professionals involved early can help identify problems before you spend too much on detailed plans.

What information should be collected before commencing a planning assessment of residential development?

Before your residential development application can be assessed, you need to provide the required documents. Depending on your project, these may include: your completed application; site and building plans; drawings and specifications; technical reports (if needed); and any other documents listed in the relevant schedule of the Guideline. The documents you need depend on the type of development you are proposing. Reference: Planning (Minimum Development Application Documentation) Guideline 2026 (No 1), (NI2026–13) - Planning (Minimum Development Application Documentation) Guideline 2026 (No 1) | PDF

Which specialist reports may be required to support a Development Application?

The specialist reports needed to support a Development Application depend on the type of development, its size, where it is located, and the possible impacts it may have. Not every Development Application will need all reports; only those relevant to the proposed development are required. Specialist reports that may be required include: Access and Mobility Report — required for developments that include adaptable or accessible housing. It confirms that the design meets accessibility requirements. Transport Impact Assessment (TIA) — assesses how a development may affect traffic, parking, access, pedestrians, cyclists, and the surrounding transport network. Tree Survey — required when a development may affect protected, registered, or regulated trees. It identifies tree species, size, condition, and potential impacts from the development. Contamination Assessment — required where land may be contaminated. It assesses whether the site is suitable for the proposed use and identifies any risks that need to be managed. Heritage Statement or Cultural Heritage Assessment — required where a development may affect heritage places, objects, or Aboriginal cultural heritage. Bushfire Hazard Assessment and Management Plan — required for some developments in bushfire-prone areas to identify bushfire risks and proposed safety measures. Noise Report — assesses potential noise impacts and recommends ways to reduce or manage noise impacts. Environmental Impact Statement (EIS) — required for developments that may have significant environmental impacts. Environmental Significance Opinion documentation — required where an assessment of environmental significance is needed. Social, Cultural and Economic Impact Assessment — required for certain proposals, such as some Crown lease changes. Valuation Report — required for certain Crown lease variations where section 328 of the Planning Act 2023 applies. It assesses the value implications of the proposed lease variation. Waterway Works Plan — required where development involves waterway works requiring approval under the Water Resources Act 2007. The full requirements and when each report is needed are outlined in the Planning (Minimum Development Application Documentation) Guideline 2026 (No 1), Notifiable Instrument NI2026–13. Reference: Planning (Minimum Development Application Documentation) Guideline 2026 (No 1), (NI2026–13) - Planning (Minimum Development Application Documentation) Guideline 2026 (No 1) | PDF

What are the most common reasons a Development Application is delayed?

A Development Application (DA) may be delayed if the planning authority needs more information or clarification from the applicant. Delays can also happen if the applicant changes the application after it has been submitted, as this may require the assessment to restart. Other factors that can slow the process include an incomplete or poor-quality application, a complex development proposal that needs more detailed assessment, and high community interest or public submissions that must be reviewed before a decision is made. Refrence: Act Government - Development Application Assessment Process factsheet

What happens after a Development Application has been approved?

After a Development Application (DA) is approved, the applicant must comply with the conditions of the development approval and carry out the development in accordance with the approved plans and documents. Any required pre-construction requirements, approvals or certifications must be completed before the development can proceed. Reference: Act Government - Complying with your development approval - Complying with your development approval - City and Environment Directorate - Planning

Which version of the rules applies to my project right now?

The Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) commenced on 1 July 2026 and, by clause 4 of the instrument, revoked the Planning (Residential Zones) Technical Specifications 2025 (No 2) (NI2025-493). Any development application lodged from 1 July 2026 is assessed against the 2026 specifications. Reference: Changes to the Technical Specification

How are site coverage, gross floor area and plot ratio calculated?

Site coverage is measured from the external faces of exterior walls and basement walls. For other structures, such as balconies, terraces and pergolas, the furthest extent of the structure is generally used when calculating site coverage. Site coverage may include: the building footprint at ground level; covered structures attached to or forming part of the building; and other structures occupying land on the block that contribute to the building footprint. Formula: Site Coverage (%) = (Area of building footprint and included structures ÷ Total site area) × 100 Gross Floor Area (GFA) is the total area of all floors of a building. It is measured from the external faces of exterior walls, or from the centre lines of walls separating the building from another building. GFA excludes areas that are reasonably used and necessary solely for: fixed mechanical plant; bicycle parking and associated end-of-trip facilities; and/or basement car parking. GFA is an important measurement because it is used when calculating plot ratio and may also be used for other planning assessments, such as car parking requirements. Plot ratio measures the relationship between the total floor area of a building and the size of the site. It is calculated as: Plot Ratio = Gross Floor Area ÷ Site Area For example, a building with a GFA of 500 m² on a block of 1,000 m² would have a plot ratio of 0.5. Reference: ACT Advisory Note 08 - Working out gross floor area and site coverage

Do the specifications set our site coverage or plot ratio?

According to the Territory Plan, E1 Residential Zones Policy, the specifications set site coverage requirements. Site coverage controls the maximum area of a block that can be occupied by buildings. For single dwellings, the maximum site coverage is: Large blocks: 40% of the block area. Mid-sized blocks: 60% of the block area. Compact blocks: 70% of the block area. For single dwellings on blocks created through subdivision: RZ1 and RZ2: Maximum 45% of the block area. RZ3, RZ4 and RZ5: Maximum 50% of the block area. For multi-unit housing: RZ1 and RZ2: Maximum 45% of the original block area. RZ3, RZ4 and RZ5: Maximum 50% of the original block area. Reference: Territory Plan 2023 – Part E, E1 Residential Zones Policy (Site Coverage) - https://www.legislation.act.gov.au/ni/2023-540/Current

Do the specifications control site coverage, plot ratio or easements?

The Technical Specifications set rules for how much of a block can be built on (site coverage), but they do not set rules for plot ratio or create easements. Instead, they require developments to consider existing services such as water, electricity, sewerage, gas, and stormwater. Before approval, the proposal may need confirmation from utility providers that the development will not damage services, block access, or interfere with required safety areas around utility assets. Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), Assessment Outcome 29.1- Planning (Residential Zones) Technical Specifications 2026

How are setbacks determined under the Residential Zones Technical Specifications?

Under the Residential Zones Technical Specifications, setbacks are determined by applying the minimum required distances between a building and the boundaries of the block. The applicable setback requirements depend on: the type of boundary (front, side or rear); the type of development (e.g. single dwelling, dual occupancy or multi-unit development); the residential zone; the date the subdivision was originally approved, as different setback tables apply to different subdivision periods; and the block size category To determine the correct setback, identify the applicable residential zone, determine the original subdivision approval date, identify whether the block is classified as large, midsized or compact, and then apply the relevant setback table in the Residential Zones Technical Specifications. Planning (Residential Zones) Technical Specifications 2026 (NI2026-303)) - Planning (Residential Zones) Technical Specifications 2026 | PDF

My block is a large block. Did my front setback change?

Yes, The 2026 Technical Specifications changed how front setbacks are applied by removing separate lower and upper floor setback requirements and introducing a single dwelling setback requirement. The exact change depends on the applicable table, subdivision approval date, and type of frontage. Table 1 (corner blocks – secondary street frontage): Under the 2025 specifications, a large block required a 4 m setback for the lower floor and 6 m for the upper floor to the secondary street frontage. The 2026 specifications remove this distinction and require a single 4 m setback for the dwelling, regardless of storeys. The 6 m garage or carport setback remains unchanged. Table 2 (subdivisions approved on or after 18 October 1993 but before 31 March 2008): Under the 2025 specifications, a large block required 4 m for the lower floor and 6 m for the upper floor for both the primary front boundary and secondary street frontage. The 2026 specifications replace this with a single dwelling setback of 4 m for both the primary front boundary and secondary street frontage. Garage and carport setbacks remain unchanged at 5.5 m. Table 3 (subdivisions approved on or after 31 March 2008): Under the 2025 specifications, a large block required 4 m for the lower floor and 6 m for the upper floor to the primary front boundary. The secondary street frontage setback remained 3 m, and the public open space or pedestrian path setback remained 4 m. Under the 2026 specifications, these are replaced with a single dwelling setback of 4 m to the primary front boundary, 3 m to the secondary street frontage, and 4 m to public open space or pedestrian paths wider than 6 m, regardless of storeys. Garage and carport setbacks remain unchanged. Table 4 (Multi-unit housing front boundary setbacks): Under the 2025 Technical Specifications, front setback requirements were separated into lower floor and upper floor levels. For subdivisions approved on or after 18 October 1993, the primary front boundary setback was 4 m for lower floors and 6 m for upper floors, with garages and carports set back 5.5 m (including at least 1.5 m behind the front building line). Older subdivisions required a 6 m setback. Secondary street frontage and pedestrian path/public open space setbacks also varied depending on the frontage type and block size.Under the 2026 Technical Specifications, these requirements are simplified by removing the lower and upper floor distinction. A single dwelling setback now applies: Primary front boundary: 4 m for subdivisions approved on or after 18 October 1993, and 6 m for earlier subdivisions. Secondary street frontage: 2 m for corner blocks. Pedestrian paths up to 6 m wide: 3 m. Public open space or pedestrian paths wider than 6 m: 4 m. Garage and carport setbacks remain unchanged, including the 5.5 m setback for newer subdivisions and the applicable setbacks for other frontage types. The updated requirements should be checked against the relevant front boundary setback table in the Planning (Residential Zones) Technical Specifications 2026, as the applicable requirement depends on the block circumstances. Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), Assessment Outcome 14.5- Planning (Residential Zones) Technical Specifications 2026

Have my side and rear setbacks changed?

No. For a single dwelling on a large block, Table 5 is unchanged: a lower-floor external wall is 1.5 m from the side boundary within the primary building zone and rear zone, and 3 m from the rear boundary; an upper-floor external wall is 3 m within the primary building zone and 6 m within the rear zone and to the rear boundary; an upper-floor unscreened element is 6 m in all positions; and a garage or carport may be at 0 m to one side boundary only and 3 m from the rear boundary. Reference: NI2026-303, spec 14.4 and Table 5.

I have a corner block. How is the second street frontage treated?

Where required front setbacks are not specified in the relevant district technical specification, the secondary street frontage may be nominated by the applicant, but the nomination must consider the front setback of existing buildings. On a block with existing buildings, the existing building setback is used to determine the primary and secondary frontages. - For Single Dwelling, blocks in subdivisions approved originally before 18 October 1993, the secondary street frontage setback is a minimum of 4m for Large blocks and 3m for Mid-sized and Compact Blocks. - For Single Dwelling, blocks in subdivisions approved on or after 18 October 1993 but before 31 March 2008, the secondary street frontage setback is a minimum of 4m for Large blocks and 3m for Mid-sized and Compact Blocks. - For Single Dwelling, blocks in subdivisions approved on or after 31 March 2008, the secondary street frontage setback is a minimum of 3m for Large and Mid-Sized blocks and 2m for Compact Blocks. - For Multi-Unit Housing, all residential zones, the secondary street frontage setback is a minimum of 2m for Large and Mid-Sized blocks. Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), Assessment Outcome 14.3- Planning (Residential Zones) Technical Specifications 2026

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