Yes, but only if the block is registered or provisionally registered on the ACT Heritage Register. In that case, the development must comply with any relevant requirements under the Heritage Act 2004, must not reduce the heritage significance of the place, and must be endorsed by the ACT Heritage Council. These requirements do not apply to properties that are not heritage listed.

Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), Assessment Outcome 23.1 & 23.2- Planning (Residential Zones) Technical Specifications 2026

During a Development Application (DA), the ACT planning authority assesses the proposal against the Planning (Residential Zones) Technical Specifications 2026, which form part of the Territory Plan under the Planning Act 2023. The assessment determines whether the development complies with the applicable Assessment Outcomes and Specifications for the relevant residential zone. These include standards for matters such as site coverage, setbacks, building height, private open space, landscaping, vehicle access and parking, and residential amenity. The planning authority uses the plans and supporting documents submitted with the DA to determine whether the proposal meets these requirements before making a decision.

Reference: Planning Act 2023 (ACT),  Chapter 7 – Development Assessment –Planning Act 2023

Planning (Residential Zones) Technical Specifications 2026 (NI2026-303)- Planning (Residential Zones) Technical Specifications 2026

During a Development Application, the proposal is assessed against the relevant Assessment Outcomes and Specifications in the Territory Plan. Assessment Outcomes identify the planning results that must be achieved, while Specifications provide the detailed requirements that demonstrate how compliance can be met. The assessment considers whether the proposed development achieves the applicable outcomes and satisfies the relevant specifications.

Reference: ACT Government – Development Application Assessment Process

They are a benchmark, not a hard rule. The primary assessment consideration is whether the proposal meets the assessment outcomes in the Territory Plan. Where a proposal complies with a relevant specification and comprehensively addresses the assessment outcome, no further assessment of those specific provisions is required. However, a proposal can depart from a specification if the applicant can demonstrate that the relevant assessment outcome is still achieved on its merits.

Reference: Territory Plan 2023, Part E01 – Residential Zones Policy- Territory Plan 2023 | Notifiable instruments

Before assessing a development proposal on an RZ1 (Suburban Zone) property in the ACT, the relevant planning framework should be reviewed to identify all applicable planning requirements.

The core planning documents are:

• Territory Plan 2023 : Outlines the specific assessment outcomes, desired character, and rules for low-density suburban residential development.

• Planning (Residential Zones) Technical Specifications 2026: Provides detailed, quantifiable technical rules (such as block dimensions, setbacks, site coverage, and recent missing-middle housing adjustments).

• Crown Lease and Lease Purpose Clause: Dictates the legally allowed land use, specific covenants, and any historical restrictions tied directly to the block.

Reference: Territory Plan 2023 | Notifiable instruments, Planning (Residential Zones) Technical Specifications 2026 | PDF

The Planning Act 2023 sets the rules for how planning decisions are made in the ACT. The Territory Plan explains what can be built and the planning requirements that apply. District Policies add rules for specific areas, while Technical Specifications provide the detailed standards and design requirements used to assess development proposals. Together, these documents help determine whether a residential development meets ACT planning rules.

• Reference: Planning Act 2023 (ACT)(A2023-18),  Chapter 7 – Development Assessment –Planning Act 2023

• Territory Plan 2023 (NI2023-540) – Territory Plan 2023 | Notifiable instruments

• Planning (Residential Zones) Technical Specifications 2026 (NI2026-303)- Planning (Residential Zones) Technical Specifications 2026

Where a development proposal is subject to multiple planning provisions, the Territory Plan requires all relevant provisions to be considered. If there is an inconsistency between Territory Plan components, Part A – Administration and Governance sets out the order of precedence for interpreting and applying them.

The hierarchy is:

1. District Policy
2. Zone Policy
3. Other Policy
4. Design Guides
5. District Specifications
6. Zone Specifications
7. Other Specifications

This means that a higher-ranking component takes precedence over a lower-ranking one where there is a conflict.

Reference: Territory Plan 2023, Part A – Administration and Governance- Territory Plan 2023 | Notifiable instruments

The planning definitions that are most important for understanding the Residential Zones Technical Specifications are those about land use, development, buildings, blocks, setbacks, building height, private open space, and other key planning terms used to assess residential development. These definitions explain what the planning rules mean and help homeowners, developers, planners, and decision-makers apply the requirements correctly and consistently.

The ACT Missing Middle planning reforms were introduced through a package of legislative instruments made under the Planning Act 2023, which together amended the Territory Plan and established the new residential development framework.

Planning (Missing Middle Housing) Design Guide 2026 –  the primary legislative instrument that amended the Territory Plan to introduce the Missing Middle housing reforms, including changes to residential zone policies and development provisions.

Planning (Missing Middle Housing) Amendment Bill 2026 – a legislative proposal introduced by the Australian Capital Territory (ACT) Government to streamline approval pathways for secondary dwellings, townhouses, terraces, and low-rise apartments. It complements the broader Missing Middle Housing Reforms (Territory Plan Major Plan Amendment 04) aimed at increasing housing supply in established suburbs.

Planning (Residential Zones) Technical Specifications 2026 – commenced on 1 July 2026 and replaced the 2025 specifications. This instrument sets the detailed technical standards for residential development, including requirements for site coverage, setbacks, private open space, landscaping, parking, tree planting, and other design controls that support the Missing Middle reforms.

Reference: Planning (Missing Middle Housing) Design Guide 2026, Planning (Missing Middle Housing) Amendment Bill 2026 & Planning (Residential Zones) Technical Specifications 2026

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

A block subdivision involves dividing one block of land into two or more separate blocks. Each resulting block receives its own Crown lease. If a new block is created without a dwelling, the Crown lease may include requirements about future development, such as constructing a dwelling within a specified timeframe. Block subdivision focuses on creating separate parcels of land rather than separating individual dwellings. A unit title subdivision involves dividing an existing development, such as a dual occupancy, townhouse development, or apartment building, into separately titled units. The land remains under one Crown lease, but individual units are created as separate titles. Before a unit title subdivision can occur, the development generally needs to be completed and have a Certificate of Occupancy and Use. Unit title subdivisions also include common property, such as shared driveways, gardens, or other shared areas, which are managed by an owners corporation.

In simple terms, a block subdivision creates separate parcels of land, with each new block receiving its own Crown lease. In contrast, a unit title subdivision creates separate ownership of dwellings within an existing development while the land remains under a single Crown lease and shared areas are managed as common property. The distinction is important because the two subdivision types have different legal requirements, approval processes, and ownership arrangements, so understanding which applies determines how the property can be developed, titled, and managed.

There are two subdivision options to consider if you already have a house on your block and want to create separate ownership. However, the option that applies depends on whether you want to create a new block of land or separate units within the existing block.

Option 1 – Block subdivision (applicable if you want to create and sell a vacant block)

A block subdivision may be possible if your existing block can be divided into two separate blocks that meet the Territory Plan requirements. The Development Application must show that each new block can support a compliant dwelling. If approved, the new vacant block can receive its own Crown lease and may be sold separately. However, if the new block is undeveloped, the new Crown lease may include requirements to build a dwelling, and approval from the Minister may be needed before transferring the block if the dwelling has not been constructed.

Option 2 – Unit title subdivision (generally not applicable if you only want to sell a vacant block)

Unit title subdivision does not create a new block of land. Instead, it creates separate ownership of dwellings within the same block. This option is generally used where there are multiple dwellings (such as a dual occupancy) that have been lawfully constructed and are intended to be sold as separate units. It would not allow you to sell an empty piece of land separately.

For your situation (one existing house and the goal of selling a new vacant lot), block subdivision is the relevant pathway to investigate. The ability to proceed will depend on the block’s zoning, minimum block size, access, servicing, lease conditions, and other Territory Plan requirements.

Reference: 

An undeveloped subdivided block is generally subject to a building and development covenant, requiring construction to commence within 12 months and be completed within 24 months of the lease commencing. If the lessee has not complied with these requirements, they must obtain consent to transfer the Crown lease from the Territory Planning Authority before transferring the block.

To obtain approval, the applicant must submit the appropriate consent to transfer application (either for a first transfer or a second/subsequent transfer), together with all required supporting documents and any applicable fees. The application is assessed by the Territory Planning Authority under the Planning Act 2023 and the Planning (General) Regulation 2023.

Approval may be granted where:

• the proposed transferee intends to comply with the building and development provision;
• any required security has been provided;
• the lessee cannot comply because of financial circumstances;
• the purchaser has contracted a builder to construct the dwelling;
• the lessee has obtained a certificate of compliance; or
• the transfer is the first sale of an undeveloped block by the estate developer.

If consent is refused, the decision may be appealed to the ACT Civil and Administrative Tribunal (ACAT).

Reference: ACT- Changes to a Crown lease – City and Environment Directorate – Planning

The process is not simply an application asking the government to reduce an existing LVC assessment. The ACT Government specifies the following process:

1. The ACT Government will calculate how much Lease Variation Charge (LVC) you need to pay and send you a Notice of Assessment.

2. Defer paying the LVC.
   Instead of paying the LVC straight away, you enter the LVC Deferred Payment Scheme. This allows you to postpone the payment while you complete the development.

3. Finish the development on time.
   You need to complete all the dwellings and obtain the required Certificate of Occupancy and Use by 31 December 2030.

4. Get the reduction and pay the remaining LVC.
   Once you meet the requirements and exit the Deferred Payment Scheme, the eligible reduction is applied to your LVC. You then pay the reduced amount instead of the full charge.

Reference: Lease Variation Charge reduction for missing middle development – ACT Government

No. You do not need to split your land into separate blocks to create a dual occupancy. You can build the two dwellings first and, if eligible, create separate unit titles so each dwelling can be owned or sold separately.

Yes. Once the two homes are built and approved, you may be able to create separate unit titles so each home can have its own owner. The land does not need to be split into separate blocks — instead, each dwelling becomes a separate unit within the same development.

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

How much of your block you can build on depends on the block type, residential zone and type of development.

For a single dwelling or a dwelling with a secondary residence (granny flat), the maximum site coverage is generally 40% for a large block, 60% for a mid-sized block and 70% for a compact block. The main house, secondary residence and relevant roofed structures are considered together when calculating site coverage.

For a dual occupancy, which is treated as multi-unit housing for these requirements, the maximum site coverage is generally 45% in RZ1 and RZ2 and 50% in RZ3, RZ4 and RZ5.

Other planning requirements, such as setbacks, private open space, planting and building height, may further limit how much of the block can actually be developed.

Reference: Territory Plan 2023 (NI2023-540), Residential Zones Policy, Assessment Requirements 7 and 8 (Site Coverage) – Territory Plan 2023 | Notifiable instruments

Yes, potentially. A dual occupancy may be possible on a property in a heritage area if it is permitted under the applicable ACT planning rules. However, the proposal must also address the property's heritage significance.

If the property is heritage-listed or within a heritage precinct, the design may need to minimise impacts on important heritage features and character. This can affect the location, scale, appearance, landscaping and treatment of existing buildings.

The applicable Heritage Register citation and heritage guidelines should also be checked for the particular property or precinct.

Reference: 

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

Heritage Act 2004 – Part 10, s 61; Applicable Heritage Register citation and Heritage Guidelines – https://www.legislation.act.gov.au/View/a/2004-57/current/html/2004-57.html

No. The two dwellings in a dual occupancy do not need to be the same size. One dwelling can be larger than the other.

The current ACT planning requirements do not generally require equal dwelling sizes. However, the overall development must comply with the applicable requirements, including site coverage, setbacks, building height, private open space, planting, parking and access. These controls may affect how large each dwelling can be.

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

You can check what you are allowed to build by looking at your Crown lease, especially the purpose clause. It tells you how the land can be used and may say how many dwellings are allowed.

You should also check the ACT Territory Plan for the planning rules that apply to your block. If your Crown lease does not allow your proposed development, you may need to change (vary) the Crown lease.

Reference: Planning Act 2023 (A2023-18), Clause 276 – Use of Land for Leased Purpose – https://www.legislation.act.gov.au/View/a/2023-18/current/html/2023-18.html

For a dual occupancy, the maximum site coverage is generally 45% of the original block area in RZ1 and RZ2, and 50% in RZ3, RZ4 and RZ5.

There is no separate maximum floor area specified for each individual dwelling. Instead, the size of the two dwellings is determined by the overall site coverage and other requirements such as setbacks, building height, private open space and landscaping.

Reference: Territory Plan 2023 (NI2023-540), Residential Zones Policy, Assessment Requirements 8 (Site Coverage) – Territory Plan 2023 | Notifiable instruments

Yes, potentially. The ACT Missing Middle Housing Design Guide specifically illustrates dual occupancy development where the existing dwelling is retained and a second dwelling is added. The completed development must still comply with the applicable Residential Zones Policy 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

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