Can the two dwellings remain on one title?
Yes. Both a secondary residence and a dual occupancy can have two dwellings on the same block and remain on one title.
The main difference is whether separate titling is permitted:
- A secondary residence must remain associated with the primary dwelling and cannot be separately subdivided or unit titled.
- A dual occupancy can also remain on one title, but separate unit titling may be possible if the development meets the applicable ACT planning and subdivision requirements.
So, if you simply want two dwellings on the same title, both arrangements may allow this. If you want the dwellings to have separate titles so they can be separately owned or sold, the development would need to qualify for separate titling rather than being approved as a secondary residence.
Reference: Territory Plan 2023 (NI2023-540) – Territory Plan 2023 | Notifiable instruments
Short Answer
Yes. Both a secondary residence and a dual occupancy may comprise two dwellings on a single block and remain under one title.
A secondary residence cannot be separately subdivided or unit titled and must remain on the same title as the principal dwelling. A dual occupancy may be eligible for separate unit titling, subject to meeting the applicable ACT planning and subdivision requirements.
Detailed Explanation
Yes. Two dwellings may be located on the same block and remain under a single title. However, the ability to separately title the dwellings depends on whether the development is approved as a secondary residence or as a dual-occupancy/multi-unit housing development.
A secondary residence is an additional dwelling associated with the principal dwelling on the same block. Although the development physically contains two dwellings, a secondary residence cannot be separately subdivided or unit titled. The principal dwelling and secondary residence must therefore remain on the same block and title and cannot be separately owned or sold as individual titled properties.
A dual-occupancy development also comprises two dwellings and may remain under a single title. However, unlike a secondary residence, an eligible dual-occupancy development may be capable of unit-title subdivision, subject to compliance with the applicable Territory Plan, subdivision, zoning, block-size and other statutory requirements. If approved for unit titling, each dwelling can form a separate unit title and may subsequently be separately owned or transferred.
Accordingly, if the intention is simply to construct and retain two dwellings under one ownership and one title, either form of development may allow this, subject to development approval. If the intention is to separately title, own or sell the dwellings, the proposal must satisfy the requirements applicable to a separately titleable dual-occupancy or multi-unit housing development. A secondary residence cannot be used to create a separately titled dwelling.
No minimum block size does not remove the need for planning assessment.
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