Can one dwelling be occupied while the other is still under construction?
Yes, potentially. One dwelling may be occupied while the other is still under construction if the completed dwelling is covered by an appropriate Certificate of Occupancy and Use.
The Building Act 2004 allows a certificate to be issued for a completed part of a building where that part satisfies the applicable requirements. The remaining uncertified part cannot be occupied.
This means it is not automatic that one dwelling can be occupied simply because it is finished—the required occupancy certification must first be obtained.
Reference: Building Act 2004 (2004-11) – Sections 69(3), Certificates of occupancy & 76, Occupation and use of buildings – https://www.legislation.act.gov.au/View/a/2004-11/current/html/2004-11.html
Short Answer
Yes, potentially. One dwelling may be occupied while the other is still under construction if the completed dwelling has the required Certificate of Occupancy and Use. The uncertified dwelling cannot be occupied.
Detailed Explanation
Yes, subject to the required occupancy certification. Under s 69(3) of the Building Act 2004, a Certificate of Occupancy and Use may be issued for part of a building where that part has been erected in accordance with the applicable prescribed requirements.
Section 76 prohibits occupation or use of a building or part of a building unless a certificate of occupancy has been issued for that building or part. It also specifically addresses circumstances where a certificate has been issued for only part of a building.
Accordingly, one dwelling may potentially be occupied while work continues on the other, provided the completed dwelling is appropriately certified for occupation.
No minimum block size does not remove the need for planning assessment.
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