Can I subdivide my block if I already have a house, and sell the newly created vacant block?
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.
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Short Answer
For your situation (one existing house and wanting to sell a new vacant block), block subdivision is the option to consider. Whether it can proceed will depend on your block’s zoning, size, access, services, lease conditions, and other planning rules.
Detailed Explanation
Where an existing dwelling is located on a residential block and the owner wishes to create separate ownership, there are two potential subdivision pathways under the ACT planning framework: block subdivision and unit title subdivision. The appropriate pathway depends on the intended outcome and whether a separate parcel of land or separate unit ownership is being created.
Block subdivision (applicable for creating and selling a vacant block)
A block subdivision may be undertaken where the proposal satisfies the applicable requirements of the Territory Plan, including demonstrating that each resulting block can accommodate a compliant dwelling. A vacant block may be created through subdivision if the proposed new block and the retained block both meet the relevant planning controls, including requirements relating to block size, access, servicing, and other development standards. Once approved and the new Crown lease is created, the newly created block may be transferred and sold separately.
Unit title subdivision (generally not applicable for creating a separate vacant block)
A unit title subdivision does not create new land parcels or separate Crown leases. Instead, it creates separate ownership interests in dwellings located on the same block, with shared ownership of common property managed through an owners corporation. For residential developments such as dual occupancy or multi-unit housing, unit title subdivision generally requires that the dwellings have been lawfully constructed and meet the applicable subdivision requirements. This pathway is not suitable where the intention is only to create and sell a vacant block of land.
For a property with one existing dwelling where the objective is to create and sell a separate vacant lot, the relevant pathway to investigate is block subdivision, subject to compliance with the applicable Territory Plan provisions, zoning requirements, Crown lease conditions, infrastructure servicing requirements, and development assessment process.
No minimum block size does not remove the need for planning assessment.
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