Questions & Answers

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)

Last reviewed: 6 August 2026 Information current as at: 2 September 2026

Short Answer

Yes, but it depends on the subdivision type. Unit title subdivision generally requires the development to be constructed and approved before units can be created, while block subdivision may occur before construction if each new block can support a compliant dwelling.

Detailed Explanation

A development may be constructed before undertaking subdivision or unit titling, depending on the type of subdivision proposed and the applicable planning requirements. For a unit title subdivision, the development must generally be completed before the units can be separately created and transferred. The completed dwellings must satisfy relevant planning and building requirements, including obtaining any required approvals and certification before the unit title process can proceed. In contrast, a block subdivision does not require dwellings to be constructed before the subdivision occurs. A residential block may be created first, provided the subdivision proposal demonstrates that each resulting block is capable of supporting a compliant dwelling in accordance with applicable planning requirements. Accordingly, the appropriate approach depends on the intended subdivision pathway: unit title subdivision generally follows construction of the development, whereas block subdivision may occur before construction of dwellings.
Key Point

No minimum block size does not remove the need for planning assessment.

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