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

Having practised in the area of property law for quite some time, I have seen many people getting caught out when they try to subdivide their property and 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 dwellings on their land when what they really need or want is a 2-lot plan of subdivision.

What is Dual Occupancy?

Dual Occupancy is when you have two dwellings on a single block of land that share the same Certificate of Title. This can be useful if you need to accommodate family members such as elder relatives.

What is 2-lot plan of subdivision?

A plan of subdivision allows you to divide the land into two or more new parcels of land that can be dealt with separately. This means that each dwelling will have its own Certificate of Title. 

What is the difference and why does it matter?

Dual Occupancy simply means that you can build two dwellings on one block of your land. However, you will not be able to sell one of the dwellings independently of the other.  This is because both dwellings are on one Certificate of Title.

A 2-lot plan of subdivision means that the land (or lot) is to be subdivided into two lots.  Each lot will then have its own Certificate of Title. Therefore, you can sell one of the lots independently of the other.

If you are not sure how to go about structuring the development of a property, please call us on 9707 1155 before you start the project.