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; and
• townhouses 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; and
• a registered Units Plan that defines the unit boundaries and ownership interests.

Reference: Unit titles – City and Environment Directorate – Planning

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)

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

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

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)

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.

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

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)

Yes, for a unit-titled dual occupancy. Each dwelling must be covered by a Certificate of Occupancy and Use. ACT Planning specifically requires the most recent certificate for each unit before the unit-title application can be approved.

Reference: ACT Planning: Guide to Unit Titling Process – https://www.planning.act.gov.au/community/buy/leasing-and-titles/unit-titles/guide-to-the-unit-title-application-process