Does every dual occupancy qualify for separate titles?
No. Building or obtaining approval for a dual occupancy does not automatically mean the two dwellings qualify for separate titles.
Creating separate unit titles involves a unit title subdivision, which must separately comply with the applicable Territory Plan subdivision requirements and the Unit Titles Act 2001.
Whether separate titles can be obtained therefore depends on whether the particular dual occupancy satisfies those requirements.
Reference: Territory Plan 2023 (NI2023-540), Part F1 – Subdivision Policy – https://www.legislation.act.gov.au/ni/2023-540/Current
Short Answer
No. A dual occupancy does not automatically qualify for separate titles. It must also meet the applicable unit-title subdivision requirements.
Detailed Explanation
No. Approval of a dual occupancy does not, by itself, establish an entitlement to separate unit titles.
The creation of separate unit titles constitutes unit title subdivision and is subject to the applicable requirements of the Territory Plan – Part F1 Subdivision Policy, together with the statutory requirements of the Unit Titles Act 2001.
Accordingly, a dual occupancy must separately satisfy the applicable unit-title subdivision requirements before separate titles can be created.
No minimum block size does not remove the need for planning assessment.
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