A dual occupancy is defined as two dwellings on a single lot of land and can be either attached or detached.

A dual occupancy is different from a secondary dwelling (also known as a granny flat).

Can I build a dual occupancy?

Dual occupancies are permitted ‘with consent’ in the following zones:

  • R2 Low Density Residential
  • R3 Medium Density Residential
  • R4 High Density Residential
  • B1 Neighbourhood Centre
  • SP3 Tourist

Dual occupancies may be constructed in the areas of the C3 Environmental Management and C4 Environmental Living zones which are marked as Area A and Area B on the Additional Permitted Uses map which forms part of SSLEP 2015. Development must also meet specific requirements set out in Schedule 1 of SSLEP 2015.

To build a dual occupancy in the R2 zone, the lot size must be greater than 600m2.  In the C4 zone, the lot must be larger than 700m2.


For Torrens Title subdivision of a dual occupancy, each resulting lot must comply with the floor space ratio (FSR) and landscape area development standards in the SSLEP 2015. In addition, in the C3 and C4 zones each resulting lot must meet the minimum lot size requirements set out in SSLEP 2015 and must have a minimum width of 18m at the building line and a minimum depth of 27m.

For a dual occupancy to be Strata title subdivided, it must comply with the FSR and landscape area development standards of the SSLEP 2015. In addition, in the C3 zone, the dwellings forming the dual occupancy must have been erected on or before 23 June 2015.  In the C4 zone, the original lot must comply with the minimum lot size set in SSLEP2015, or the dwellings must have been lawfully erected on or before 23 June 2015.

How can I get approval?

There are two planning pathways to build a dual occupancy - a Complying Development Certificate (CDC) or a Development Application (DA).

Complying development refers to development that meets specific criteria detailed in the SEPP (Exempt and Complying Development Codes) 2008. A Complying Development Certificate can be issued for dual occupancies in the R2 and R3 zones by an accredited certifier.

A development application is required in all other instances. The requirements for a DA can be found in the SSLEP 2015 and Chapter 4 of the Sutherland Shire DCP 2015.

Further information

For further information, contact Council's Duty Planner.