Minimum Lot Size for a Dual Occupancy in NSW, by Council

The lot size a dual occupancy needs depends on two things. The first is whether your block is inside a Low and Mid Rise housing area. The second is what your council's LEP says if it is not. This page sets the LEP figures side by side for councils across Greater Sydney and the Illawarra, next to the state standard that can override them. The figures are read from each LEP's Part 4 as in force on 5 and 6 November 2026.

For the staging dates and the other housing types in the same policy, see our R2 zoning post. For the steps of splitting a dual occupancy once it is built, see subdividing a dual occupancy in NSW.

What is the minimum lot size for a dual occupancy in NSW?

There is no single NSW figure. Inside a Low and Mid Rise housing area, the Housing SEPP sets a minimum lot size of 450 m² and a width of 12 m at the front building line. Outside those areas the council's LEP sets it. In the table below it runs from 450 m² in Shellharbour to 1,015 m² in Ku-ring-gai.

The 450 m² figure is in section 168(2) of the Housing SEPP. The same section sets a floor space ratio of 0.65:1, a height of 9.5 m and one car space per dwelling where no other instrument sets a maximum.

Some LEPs set no dual occupancy lot size in Part 4. For those the table says "Not set in the LEP". The lot size then comes from the Lot Size Map, the DCP or both, so read those before you plan.

Does the 450 m² Low and Mid Rise rule override my council's minimum?

For a dual occupancy inside a Low and Mid Rise housing area, yes in effect. Section 168 sets the lot standards as non-discretionary. Under section 4.15(2) of the EP&A Act, a council that sees a development meet them must not refuse the application because it fails an equivalent standard.

The Housing SEPP also says it prevails over another planning instrument to the extent of an inconsistency (section 8(1)). The Department of Planning's frequently asked questions (page updated 17 December 2025) put it this way. "The non-discretionary standards in the Low and Mid-Rise Housing Policy apply when they are more generous than those in the LEP or DCP."

Two limits apply. The dual occupancy must meet every standard in section 168, not only the lot size. And the land must be inside a Low and Mid Rise housing area and not excluded under section 164. Our full list of the 171 centres shows which councils have them. The R2 zoning post covers the exclusions.

Here is one contrast from the table. Ku-ring-gai needs 1,015 m² for a dual occupancy under clause 4.1A of its LEP. Inside one of its 8 Low and Mid Rise centres, the 450 m² standard in section 168 can apply instead.

Minimum lot size for a dual occupancy, council by council

The table gives each council's LEP figures for the R2 zone unless noted. LEP versions are those in force on 5 and 6 November 2026. Each LEP link goes to Part 4 on legislation.nsw.gov.au. The last column counts the centres and stations in that council's area on the department's Low and Mid Rise list, where a centre shared by two councils counts for both.

Sources are the Part 4 text of each LEP on legislation.nsw.gov.au, read 5 and 6 November 2026, and the Wollongong DCP 2009 Chapter B1 (in force date shown on the PDF as 14 December 2016, so confirm the current version on the council's DCP page). The counts in the last column come from the department's Low and Mid Rise Housing Policy page (updated 16 July 2025). Where a lot clause is not in the LEP, controls such as frontage and site width can sit in the DCP. A DCP can add to these figures. "Not read" means we have not confirmed the figure, so check the LEP.

Three councils are outside the Low and Mid Rise policy altogether, because section 164(1)(e) of the Housing SEPP excludes their council areas.

The second table is as at 6 November 2026, from the same sources. For the cost of building the two dwellings once the lot works, see Ovas Build's duplex build cost guide.

What is the minimum lot size to subdivide a dual occupancy into two Torrens lots?

Inside a Low and Mid Rise housing area, each lot must be at least 225 m² and 6 m wide, hold one dwelling, have road frontage and not be a battle-axe lot. Consent must be on or after 28 February 2025. Outside those areas, use the LEP column in the table above.

That is section 169 of the Housing SEPP. Section 169(1A) says it applies "despite the provisions of another environmental planning instrument", and section 169(4) says it does not apply to strata subdivision. A 450 m² lot split in half gives two lots of 225 m², which is why the two standards sit together.

The LEP figures after Torrens subdivision differ widely. Ryde needs each lot at least 290 m² with 7.5 m frontage. Hornsby needs 350 m² for attached and 400 m² for detached. Ku-ring-gai needs 507.5 m². Compare your council's row with the 225 m² state figure before you assume which applies. The process after consent is in subdividing a dual occupancy in NSW, and the Torrens and strata choice is in Torrens vs strata subdivision.

Which councils do not let you split a dual occupancy onto separate titles?

Three LEPs in the table close the Torrens route for new dual occupancies. The Hills (clause 4.1C), Lane Cove (clause 4.1A) and Randwick (clause 4.1D) allow it only for older consents, and The Hills only by strata plan. Inside a Low and Mid Rise housing area, section 169(1A) can apply despite those clauses.

• The Hills, clause 4.1C. No subdivision that puts each dwelling on its own lot, except for a narrow exception for dual occupancies started before 5 December 2012 under a consent granted before 18 October 1996, subdivided by strata plan.
• Lane Cove, clause 4.1A. Separate lots only if consent and works date from before 16 June 2022, and each lot must be at least 375 m².
• Randwick, clause 4.1D. A Torrens split only for consents before 6 July 2018. Strata or community title lots of at least 275 m² each are allowed under clause 4.1A.

The Hills has 7 Low and Mid Rise centres and section 169(1A) applies "despite the provisions of another environmental planning instrument". A dual occupancy inside one of them that meets section 169 can be split even though clause 4.1C bars it elsewhere in the shire. The land must be eligible and the consent must be on or after 28 February 2025.

What is the minimum lot size for subdivision in Blacktown, Penrith or Ku-ring-gai?

For ordinary subdivision, clause 4.1 of each LEP points to a Lot Size Map. The number is on the map, not in the LEP text, so this page does not list it. Some councils add text rules on top, for example a minimum width. Check the map for your lot on the Planning Portal spatial viewer.

The text rules we read, as at 6 November 2026:

• Penrith clause 4.1B: R2 lots 15 m wide, and battle-axe lots 15 m and 650 m².
• Ku-ring-gai clause 4.1(3A): 18 m lot width for R2 subdivision.
• Sutherland clause 4.1A: lots 15 m wide and 27 m deep.
• Liverpool clause 4.1(4A): extra rules for Areas 1 to 3 of its map.
• Blacktown: the Lot Size Map sets the minimum, and clause 4.1C sets the dual occupancy rule shown in the table.

In the spatial viewer, switch on the Lot Size layer for the LEP, click your lot and read the figure. If the lot is smaller than the figure, the subdivision is not allowed under clause 4.1 unless an exception in the LEP applies, such as the dual occupancy clauses above.

Is there a minimum lot size for strata subdivision of a duplex?

Mostly no. Clause 4.1 of many of these LEPs says it does not apply to subdivision by registration of a strata plan, so the Lot Size Map does not stop a strata split. Randwick is the exception in this table, with a 275 m² minimum for each strata lot in clause 4.1A(4). Check your own LEP.

Wollongong (clause 4.1(4)(a)), Bayside, Liverpool, Parramatta and Ku-ring-gai have this carve-out. Housing SEPP section 169(4) also says the Low and Mid Rise subdivision standard does not cover strata.

A strata split still needs a development consent and a strata certificate, and it adds owners corporation obligations. The comparison of what each route needs is in Torrens vs strata subdivision.

How do I check the minimum lot size for my block?

Start with the section 10.7 planning certificate, which lists the zone and the minimum land dimensions for a dwelling house (Schedule 2 item 2(d)). Then check the Lot Size Map, your council's LEP clauses and its DCP. Check whether the block is inside a Low and Mid Rise housing area.

Our section 10.7 certificate guide explains what the certificate covers. The Low and Mid Rise list shows the centres by council, and the spatial viewer shows the rings around them.

The certificate is a record of the controls on the lot, and a council planner can tell you which one governs your proposal. If you want a second set of eyes on your block before you commit to a design, book a free assessment. We check what the land can carry and show you the numbers within 24 hours.