What Are the Dual Occupancy Rules in NSW?

Are unstuck trying to understand all of the dual occupancy rules in NSW? If you are considering a dual occupancy development, you may have reached a point in your research where you are ready to give up but don’t do that. Get help instead.

Colin Fragar, our founder and CEO, shares resources and tips for navigating the dual occupancy rules in NSW.

Click on the “Play” button below to watch now:


Or for those that prefer to read, here is a transcript of the video…

What are the dual occupancy rules in New South Wales? Hi, my name is Colin Fragar from Council Approval Group. If you have this question on your mind, you’re probably looking at doing a dual occupancy. I wanted to help you today a little bit in navigating what are quite complicated dual occupancy rules in New South Wales.

Policies and Plans in NSW

The first thing to look at is the state legislation, then the local environmental plan, and then the development control plan. Now they’re all large terms, which you don’t have to understand yourself. So please reach out for help. You’re not expected to do this by yourself.

If you would like to speak to one of our consultants, please go to www.councilapproval.com.au and book in for a free consultation. That team member will be able to work out a roadmap going forward for you. They will really help you to understand the council approval rules as they relate to you.

Top Tips for Navigating Dual Occupancy Rules

But today I just wanted to share a few things. First of all, what you’d be looking at is to see if you’re under the state-based legislation. There is supposed to be a fast track system of getting dual occupancy approved. But what we have found with our clients, and we’ve done thousands of these now, is that it’s usually better to go under what we call the local environmental plan. In other words, getting a development application and development approval.

What will the council be looking at? Some of the things you need to consider with these dual occupancy rules in New South Wales are lot size, lot width, and privacy. Some of the constraints they will be looking at include bushfire and the environmental mapping constraints that they have in their local environmental plan, such as slope. Something which is often forgotten that the council looks carefully at is car parking. It’s really important that we make sure that the cars enter and exit in a forward direction. Also there are then limitations on floor size.
So there’s a lot of different rules, but you don’t need to understand it yourself.
If you haven’t already, make sure you grab your copy of Your Ultimate Guide to Achieving Council Approval. We’ll send that to you.

And again, if you are serious about taking action and you do have a property in mind that you would like to talk to us about, please book in for your free consult.

My name is Colin Fragar and I wish you every success.