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What is the difference between a dual occupancy and a 2 lot plan of subdivision?

Having practiced in the area of property law for quite some time, I have seen many people getting caught out when try to subdivide their property when they have not obtained advice before they started the project.

The most common mistake is when a landowner obtains a planning permit for a dual occupancy to construct two residences on their land when what they really need or want is a plan of subdivision for a two lot subdivision.

Why does it matter?

It matters because there is a distinct difference. A permit for dual occupancy simply means that you can build two residences on one block of your land. Sure, you can build the other house or two houses. Not a problem.  However, you will not be able to sell one if the dwellings independently of the other.  This is because both houses are on one certificate of title.

A 2 lot subdivision permit is different.  That means that the land (or lot) is to be subdivided into two lots.  Each lot will then have its own title.  Therefore you can sell one of the lots independently of the other.

The planning permit applications can be worded in different ways so that you can obtain the planning permit that allows you to do a few things.

Don’t get caught out with a dual occupancy permit.  Call us on 9707 1155 before you start the project.  We guarantee that advice could save you a lot of heartache.