Many duplex owners want each home on its own title so the two can be sold or financed separately. In NSW that is done through Torrens title or strata subdivision. The choice affects ownership, costs and the approvals needed, and it ties closely to how the building itself is certified.
Torrens title and strata title
With Torrens title, the land is split into two separate lots. Each owner owns their home and the land under it outright, and the new boundary usually runs along the centre of the separating wall. Each lot needs its own street frontage and services, and easements may be needed for shared items such as drainage lines or overhanging eaves.
With strata title, the building is divided into lots plus common property. An owners corporation is created, by-laws apply, and shared parts of the site are managed together. Strata can suit sites that are too small for two Torrens lots, or where the homes share driveways or services.
How subdivision is approved
Splitting the land is a separate piece of development, which has to be approved in its own right. Three routes are common:
- a DA to council for the subdivision, either with the building DA or later
- a CDC issued under the state's Low Rise Housing Diversity (LRHD) Code, which can approve Torrens or strata subdivision of a side by side duplex together with the building work, if the LEP allows that kind of subdivision
- approval after construction by a certifier who holds the subdivision registration
Minimum lot sizes matter. Check the LEP, and also the state's low and mid-rise housing rules, which set their own minimums for lots created by subdividing a dual occupancy in certain zones: a lot area of 225 m² and a width of 6 m for each new lot.
The certificates at the end
A registered surveyor draws up the plan of subdivision. NSW Land Registry Services will only register it once it carries a subdivision certificate (for Torrens) or a strata certificate (for strata). Either the council or a registered certifier holding the subdivision category can issue these. A certificate of compliance from the water supply authority is normally part of the package.
CertifiBuild certifies the building work for Class 1 and Class 10. Subdivision and strata certificates are a separate role, so we work alongside the surveyor and subdivision certifier rather than issuing those certificates ourselves.
Where building certification fits in
Building certification and subdivision connect in several practical ways:
- Wall location. The separating wall has to sit exactly where the surveyor will draw the boundary. Small setout errors can create encroachments.
- Separate services. Each home generally needs its own water, sewer, power and stormwater arrangements, or easements for anything shared.
- Fire separation. Once a boundary exists, walls near it must meet the external wall fire rules. A compliant separating wall handles this between the two homes, but check other walls close to new boundaries.
- Occupation certificate. The subdivision or strata certificate is often sought once the homes are finished and the occupation certificate has been issued, because the plan needs to reflect what was built.
Our Occupation certificates: what you need before moving in covers the documents to gather as the build wraps up.
Plan both together
Choosing the subdivision type while the plans are still in draft avoids redesign later. Bring your surveyor, designer and certifier together early. See our duplex and dual occupancy page, or request a quote for certifying the build.
Local help across NSW
CertifiBuild certifies Class 1 and Class 10 work in 39 council areas. Local rules on these council pages are a good place to start: Penrith City Council, Cumberland City Council, Canterbury-Bankstown Council, Ku-ring-gai Council, Blacktown City Council, Lithgow City Council.
Suburb pages with local planning notes: Cambridge Park, Girraween, Greenacre, Mulgoa, Pymble, Quakers Hill, South Bowenfels, South Wentworthville, Toongabbie, Turramurra. You can also browse every service area.
Sources
- LRHD Code FAQs, NSW Department of Planning
- Low and mid-rise housing policy key provisions summary, NSW Department of Planning
- Strata certificate (NSW), Australian Business Licence and Information Service