Residential Drafting Design (drafting services in Sydney): Secondary Dwelling vs Dual Occupancy

We came across that a lot of our clients has the difficulty understand the difference between the difference between a secondary dwelling and dual occupancies. How are they different compared to a general dwelling? This article will unfold some of these misunderstandings!

DEFINITION:

What is a dwelling house?

A dwelling house means a single dwelling on any one residential use of premises for one household/ family.

What is a secondary dwelling?

Another dwelling which is used in conjunction with a dwelling house on the same lot. Sometimes, an out-building may be classified as a secondary dwelling if it is proven habitual usable. A secondary dwelling can be constructed attached to a dwelling house or be freestanding. 

What is a dual occupancy?

A premise which contains two dwellings on one lot (can be attached or freestanding) for separate households/family. 

What is the difference between a secondary dwelling and dual occupancy? 

The above definitions blur the line between what is a secondary dwelling and what is a dual occupancy.

The distinguishing elements of each definition to clearly diffeneniate the two types are shown below:

1. A dwelling house (including the secondary dwelling) must be occupied by the same household. It should have a common intention to live together on a long-term basis and who make common provision for food or other essentials for living.

2. A secondary dwelling must be used in conjunction with the primary dwelling; and that they must be occupied by one household. 

3. Since a secondary dwelling is to be subordinate to the existing dwelling. The secondary dwelling should be smaller in gross floor area than the primary dwelling. For the SEPP rule, a granny flat should not be more than 60 square metres.

Therefore, any development proposing of two dwellings (or similar sizes) that are to be occupied by two households will be considered a dual occupancy.

If you are unsure about what sort of situations are you experiencing, please contact us at Go Design Solutions and we can assist you with your development and assessing the feasibility of your proposed idea.