Are there requirements for privacy between the two dwellings?
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?
Short Answer
Yes. Dual occupancies must address privacy and overlooking, particularly around windows, balconies, decks and private open spaces. The design may need appropriate orientation, separation, screening, fencing or landscaping to protect the privacy of both dwellings and neighbouring properties.
Detailed Explanation
Yes. Dual occupancy development must address visual privacy and overlooking in accordance with the applicable residential planning controls and technical specifications.
The siting and design of the development must consider potential overlooking associated with habitable rooms, windows, balconies, decks and private open spaces, having regard to their relationship with the other dwelling and adjoining residential properties.
Privacy can be achieved through the configuration and orientation of buildings and openings and, where necessary, through measures including privacy screens, landscaping, fencing, louvres and other integrated architectural screening.
The Missing Middle Housing Design Guide, Section 5.2C – Privacy and Outlook, further provides that private open spaces and balconies should be located to minimise overlooking and that landscape and architectural treatments should be incorporated where required to manage privacy.
The applicable privacy response must therefore be determined from the particular design and the measurable requirements of the Residential Zones Technical Specifications.
No minimum block size does not remove the need for planning assessment.
Would you like to know what these rules mean for your property?
Get a Planning Assessment prepared by our experienced planning team.