Dual Occupancy

As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4. For further information please view Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021.

Find out what you need to know about applying for a dual occupancy and get the forms you need to do that.

Do I need approval?

Yes, you need approval for a dual occupancy.

You may be able to apply for a Complying Development Certificate or via a Development Application – see below for more information.

Do I qualify for a Complying Development Certificate?

You can use the Low Rise Medium Density Housing Code from 1st July 2020 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 relevant development standards. 

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

I need a Development Application (DA). What do I do?

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

Dual Occupancy is permitted in the following zones:

• Dual occupancy (attached) - RU1, RU2, RU4, RU5, R1, R2, R3, R5, C2, C3, C4.
• Dual occupancy (detached) - RU5, R1, R2, R3.

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