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01
What is a Dual Occupancy?
A Dual Occupancy is the development of two dwellings on one single legal lot of land. These can either be attached dwellings where the dwellings share a common wall (also commonly known as duplexes) or detached where the dwellings are separate standalone buildings.
Dual Occupancy Subdivision
Subdivision is the process of legally dividing a property into two or more lots. When looking at subdividing your Dual Occupancy the main factor that must be considered is the method of subdivision that the property is eligible for.
There are two possible methods for subdividing a Dual Occupancy
1.) Torrens Title Subdivision
2.) Strata Subdivision.
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02
Torrens Title Subdivision
A Torrens Title Subdivision is the separation of two or more lots with the result being legally separate independent ownership of each lot without any common property.
Strata Subdivision
A Strata Subdivision is the separation of lots with the result being independent ownership of all lots and parts that form those lots such as car spaces and storage spaces and areas known as Common Property which are owned and maintained by all owners collectively under one Strata Plan. Common Property areas include stairwells, driveways and any other portions of the property that are used by all inhabitants.
Unlike Torrens Title Subdivision, Strata Subdivision does not have minimum lot sizing requirements.
In order to carry out any type of subdivision you will require approval. Approval can be issued by the local council or in some cases by a Private Certifier.
Approval for subdivision can be sought as a standalone approval or in conjunction with a construction approval.
If your Dual Occupancy meets the planning eligibility requirements to be Torrens Title Subdivided then you will need to lodge a Development Application (DA) to your local Council. Your Development Application may consist of a number of documents depending on whether the application is for a Dual Occupancy that is already constructed or for a combined construction and subdivision application. These documents can include:
- Detail and Level Survey
- Stormwater Engineering Plans
- Statement of Environmental Effects
- Preliminary Plan of Subdivision
Upon approval of your subdivision, your local council will issue you with a Development Consent which outlines items that need to be actioned in order for the Final Subdivision Plan to be endorsed by them for registration with Land Registry Services.
These conditions will again vary depending on whether your Dual Occupancy is already constructed or you have been granted a Development Consent for combined construction and subdivision.
These conditions can include:
- Obtaining a Construction Certificate for subdivision works
- Obtaining a Section 73 Certificate from Sydney Water (this may include physical drainage works onsite)
- Notice of Arrangement from the electricity wholesaler (usually Endeavour Energy or Ausgrid)
- Plan of Subdivision
- Creation of Easements/Positive Covenants and Restrictions
When the conditions have been satisfied and the various required compliance certificates have been obtained, the Plan of Subdivision will need to be signed by all parties with an interest in your Dual Occupancy and subsequent subdivision. These can include:
- Local Council
- Mortgagee (Bank or a Private Lender)
- Owner/s
- Caveat holders
Your Plan of Subdivision will now be ready to be lodged to Land Registry Services for registration and issue of separate Certificates of Title.
If your Dual Occupancy does not meet the planning eligibility requirements to be Torrens Title Subdivided, you can choose to Strata Subdivide.
Strata Subdivision requires approval through either your Local Council or a Strata Certifier.
There are significant advantages in gaining Strata Subdivision Approval through a Strata Certifier. These include:
- Cost savings
- Time efficiency
- Reduced amount of documents being required
- Strata Subdivision Approval can be issued at the same time as issue of the Strata Subdivision Certificate at the end of the project
It should be noted that there are some circumstances where gaining Strata Subdivision approval through a Strata Certifier will not be possible. These include the Dual Occupancy and associated construction approval being over five (5) years old.
In this case you will be required to lodge a Development Application to your local Council. Your Development Application may consist of a number of documents depending on whether the application is for a Dual Occupancy that is already constructed or for a combined construction and subdivision application. These documents can include:
- Detail and Level Survey
- Preliminary Strata Plan
- Statement of Environmental Effects
- Stormwater Engineering Plan
Upon approval of your Strata Subdivision, your local council will issue you with a Development Consent which outlines items that need to be actioned in order for the Final Strata Subdivision Plan to be endorsed by either them or a Strata Certifier.
These conditions will again vary depending on whether your Dual Occupancy is already constructed or you have been granted a Development Consent for combined construction and subdivision.
These conditions can include:
- Strata Subdivision Plan
- Creation of Easements/Positive Covenants and Restrictions
- Preparation of Unit Entitlements by a Registered Valuer
When the conditions have been satisfied and the various required compliance certificates have been obtained, the Strata Subdivision Plan will need to be signed by all parties with an interest in your Dual Occupancy and subsequent subdivision. These can include:
- Local Council
- Mortgagee (Bank or a Private Lender)
- Owner/s
- Caveat holders
- Strata Certifier
Your Strata Subdivision Plan will now be ready to be lodged to Land Registry Services for registration and issue of separate Certificates of Title.
03
How long does subdividing my Dual Occupancy take?
The length of time required to gain subdivision approval is largely dependent upon the method of subdivision and who the approving authority is.
Applications for Torrens Title Subdivision submitted to the local council can take between 3-6 months to be approved. Several factors dictate this, including:
- The current workload of your local council
- Requests by your local council assessing officer for additional or clarifying information
- The complexity of your property
- Whether the subdivision is purely a standalone Development Application of part of a combined construction Development Application
The length of the process to have the Torrens Title Subdivision registered with Land Registry Services is specific to the circumstances of each individual site.
It is dependent on factors such as:
- Whether the approval was issued with a construction Development Application – in this case the Dual Occupancy would need to be constructed first
- The extent of physical drainage work that needs to be carried out
- Length of time that Council, Mortgagees etc take to consent to the subdivision
- Length of time for Land Registry Services to register the plan and issue separate Certificates of Title
Applications for Strata Subdivision can be a faster process if it is eligible to be approved by a Strata Certifier. In general, it can take up to three weeks.
If the Strata approval is to be issued by your Local Council, it can take up to three months. Again, this is dependent upon whether the application is combined with a construction approval.
The length of the process to have the Strata Subdivision registered with Land Registry Services is specific to the circumstances of each individual site.
It is dependent on factors such as:
- Whether the Dual Occupancy still needs to be constructed as per a Development Approval issued by Council or a Private Certifier (Building)
- Length of time that Council, Mortgagees etc take to consent to the subdivision
- Length of time for Land Registry Services to register the plan and issue separate Certificates of Title
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More information about a plan of easement
The plan of easement will need to be signed by yourself, the adjoining property owners and any mortgagees prior to submission to Land Registry Services. In cases where Council land is involved, the plan will also need to be signed by Council.