Yes. In the RZ1 – Suburban Zone, subdivision may be permitted where the proposal meets the relevant planning requirements.

There are two main types of subdivision that may apply, depending on your proposal:

• Block subdivision – where one block is divided into two or more separate blocks that can each accommodate a dwelling (subject to planning requirements).
• Unit title subdivision – where a completed multi-unit development is subdivided into individual unit titles.

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

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: 

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

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)

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

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

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, potentially. The two dwellings in a dual occupancy do not necessarily have to be the same size.

For an RZ1 dual occupancy on a standard block proposed for unit titling, the Subdivision Policy requires one dwelling to have a maximum dwelling size of 120 m². This requirement applies to one dwelling only, so the other dwelling may be larger, subject to all other applicable planning requirements. ACT Planning likewise explains the rule as requiring “one dwelling” to be no more than 120 m².

Reference: ACT Territory Plan, F01 Subdivision Policy – Territory Plan 2023 | Notifiable instruments

Yes, you can sell a newly created block without constructing a dwelling on it in the ACT, but there are conditions.

Under the ACT planning rules, a block subdivision allows a residential block (RZ1–RZ5) to be subdivided without first building the new dwelling/s. This means you can create a new vacant residential block and sell it. However, the subdivision approval must show that a compliant dwelling could be built on each new block.

If the newly created block remains undeveloped, the new Crown lease will include development covenants requiring the construction of a dwelling within a specified timeframe. In addition, Minister’s consent may be required before transferring (selling) the Crown lease if the dwelling has not been constructed.

Reference:

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

• 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

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

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

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

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

According to Specification 19.3 of the Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), the increased tree canopy cover requirement applies only to multi-unit housing developments. The requirement is for 20% canopy cover in RZ1 and RZ2 zones and 25% canopy cover in RZ3, RZ4 and RZ5 zones at maturity. All new and existing trees must contribute to the required canopy cover, and all new trees must be located within deep soil zones. 

Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303)) – Assessment Outcome 19 – Planning (Residential Zones) Technical Specifications 2026

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)

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. 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 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

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

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 

You can find your property's zoning using ACTmapi, the ACT Government's official online mapping tool. Search for your property and use the Territory Plan Map to view its zone, such as RZ1 – Suburban Zone or another residential zone. ACT Planning specifically recommends ACTmapi for finding a block's zone details and potential site considerations.

Once you know the zone, check the Territory Plan to determine what development is permitted and which planning requirements apply to the property.

Yes, potentially. An existing driveway can be retained as part of a dual-occupancy development where it is suitable for the proposed development and meets the applicable access requirements.

ACT Planning specifically confirms that, for an RZ1 dual occupancy, an existing driveway may be retained as common property for use by both dwellings where the development is unit titled.

If the existing driveway needs to be modified or upgraded, additional driveway approval requirements may apply. ACT Planning distinguishes between constructing a new driveway, adding a second driveway and modifying an existing driveway.

A corner block can give you more ways to arrange a development because there are two street frontages to work with.

For example, it may be possible to orient the dwellings toward different streets or consider different locations for entrances and driveways. This can be useful when designing a dual occupancy.

However, both street frontages need to be considered in the design. Setbacks, driveway locations, pedestrian access and the way the development presents to each street can reduce some of that flexibility.

The actual development potential therefore depends on the block dimensions, zoning, street layout and applicable planning requirements, not simply on the property being a corner block.

Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) – Planning (Residential Zones) Technical Specifications 2026