Can one dwelling in a dual occupancy be substantially larger than the other?
Yes, potentially. The two dwellings in a dual occupancy do not necessarily have to be the same size.
For an RZ1 dual occupancy on a standard block proposed for unit titling, the Subdivision Policy requires one dwelling to have a maximum dwelling size of 120 m². This requirement applies to one dwelling only, so the other dwelling may be larger, subject to all other applicable planning requirements. ACT Planning likewise explains the rule as requiring “one dwelling” to be no more than 120 m².
Reference: ACT Territory Plan, F01 Subdivision Policy – Territory Plan 2023 | Notifiable instruments
Short Answer
Yes, potentially. The dwellings do not have to be the same size. For the relevant RZ1 unit-titled dual occupancy provisions, one dwelling is limited to 120 m², while the other may be larger, subject to the other applicable planning requirements.
Detailed Explanation
Yes, subject to the applicable planning controls. The Subdivision Policy does not require both dwellings in an RZ1 dual occupancy to have equal floor areas.
For an RZ1 dual occupancy on a standard block relying on the applicable unit-title subdivision provisions, the prescribed size restriction applies to one dwelling, which must have a maximum dwelling size of 120 m² (excluding the garage). The provision does not impose the same 120 m² maximum on the second dwelling.
No minimum block size does not remove the need for planning assessment.
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