Dual occupancy

Find out what you need to know about applying for a dual occupancy, including the different development paths.

A dual occupancy is different to having a secondary dwelling or granny flat at the back of a property.

• Attached dual occupancy means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling (granny flat).

• Detached dual occupancy means 2 detached dwellings on one lot of land, but does not include a secondary dwelling (granny flat).

Do I need approval?

Yes, you need approval for a dual occupancy.

You may be able to apply for a Complying Development Certificate or a Development Application (DA).

Do I qualify for a Complying Development Certificate?

You can use the Low Rise Housing Diversity Code to check whether your proposal is complying development.

A Complying Development Certificate may be issued for your dual occupancy for land zoned R1, R2, R3, or RU5 if the proposal meets all of the following NSW Legislation requirements:

• general requirements
• is not referred to as land on which complying development may not be carried out
• requirements for complying development under the Housing Code
• relevant development standards for a dual occupancy.

If your proposal does not meet all of the standards you must lodge a DA.

I need a DA, what do I do next?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application.

Dual occupancy is permitted in the following zones:

• Dual occupancy (attached) - RU1, RU2, RU5, R1, R2, R3, R5
• Dual occupancy (detached) - RU5, R1, R2, R3

Find out the zoning that affects your property using Council's online mapping tool.

The NSW Department of Planning, Industry and Environment has a useful guide to the DA process.