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Dual occupancy in Brisbane — do you need approval?

Brisbane City Council's planning scheme — the Brisbane City Plan 2014 — decides whether a dual occupancy needs a development application, and the answer depends on the zone your property is in. Below is what its table of assessment says for each zone; or check your own address.

In a low density residential zone

Needs a development application (impact assessment — neighbours can make submissions). Dual occupancy is not a listed use in this zone, so it falls under 'any other use' and needs an impact-assessed development application that neighbours can comment on.

I don't know my zone — choose my council instead

The zone is on your rates notice, or a Landbrief site report will find it for you.

Zone by zone

Dual occupancy. Residential zones first.

ZoneWhat the table saysConditionsWhat you'll need
Low density residential zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.1 Dual occupancy is not a listed use in this zone, so it falls under 'any other use' and needs an impact-assessed development application that neighbours can comment on. Building approvalAssessed against: The planning scheme
Low-medium density residential zone Accepted if you meet the requirements Table 5.5.2 if all frontages are outside a key location, complies with the Dual occupancy code and within precinct height limits (2 storeys/9.5m in 2 storey precinct or 3 storeys/11.5m in 3 or 4 storey precinct)If not met: a development application with code assessment. Building approvalAssessed against: Dual occupancy code, Low-medium density residential zone code, Prescribed secondary code
Medium density residential zone Needs a development application (code assessment) Table 5.5.3 if no greater than the building height in a neighbourhood plan, or 5 storeys where none specifiedIf not met: a development application with impact assessment (neighbours can make submissions). Building approvalAssessed against: Dual occupancy code, Medium density residential zone code, Prescribed secondary code
High density residential zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.4 Dual occupancy is not listed for this zone, so it defaults to 'any other use' and needs an impact-assessed development application. Building approvalAssessed against: The planning scheme
Character residential zone Needs a development application (code assessment) Table 5.5.5 if in the Infill housing zone precinct, any house built 1946 or earlier is retained, and no greater than 2 storeys and 9.5mIf not met: a development application with impact assessment (neighbours can make submissions). Building approvalAssessed against: Dual occupancy code, Character residential zone code, Prescribed secondary code
Tourist accommodation zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.6 dual occupancy is not listed for this zone, so the 'any other use' default applies Building approvalAssessed against: The planning scheme
Rural residential zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.24 Two homes on one lot is not listed for this zone, so it falls under the 'any other use' default and needs an impact-assessed development application that the public can object to. Building approvalAssessed against: The planning scheme
Township zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.27 Two homes on one lot is not listed for this zone, so it falls under the 'any other use' default and needs an impact-assessed development application open to public objections. Building approvalAssessed against: The planning scheme
Emerging community zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.20 A dual occupancy is not listed for the Emerging community zone, so it defaults to an impact-assessable development application. Building approvalAssessed against: The planning scheme
Community facilities zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.19 A dual occupancy is not listed for the Community facilities zone, so it defaults to an impact-assessable development application. Building approvalAssessed against: The planning scheme including:, Community facilities code
Conservation zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.14 Dual occupancy is not listed for the Conservation zone, so the default 'any other use' row applies and an impact-assessable development application is needed. Building approvalAssessed against: The planning scheme
District centre zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.9 Dual occupancy is not listed in the District centre zone, so the default 'any other use' row applies and you need an impact-assessable development application. Building approvalAssessed against: The planning scheme including: Centre or mixed use code
Environmental management zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.13 Dual occupancy is not listed for the Environmental management zone, so the default 'any other use' row applies and an impact-assessable development application is needed. Building approvalAssessed against: The planning scheme
Extractive industry zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.21 A dual occupancy is not listed for the Extractive industry zone, so it defaults to an impact-assessable development application. Building approvalAssessed against: The planning scheme
Industry investigation zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.18 A dual occupancy is not listed in the Industry investigation zone table, so the default applies and an impact-assessable development application is required. Building approvalAssessed against: The planning scheme
Industry zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.16 A dual occupancy is not listed in the Industry zone table, so the default applies and an impact-assessable development application is required. Building approvalAssessed against: The planning scheme
Low impact industry zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.15 Two homes on one lot are not listed for this industrial zone, so the default applies and an impact-assessable development application is required. Building approvalAssessed against: The planning scheme
Major centre zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.8 dual occupancy is not listed for this zone, so the 'any other use' default applies Building approvalAssessed against: The planning scheme including:, Centre or mixed use code
Mixed use zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.22 Dual occupancy is not listed in the Mixed use zone, so the default 'any other use' row applies and you need an impact-assessable development application. Building approvalAssessed against: The planning scheme including: Centre or mixed use code
Neighbourhood centre zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.10 Dual occupancy is not listed in the Neighbourhood centre zone, so the default 'any other use' row applies and you need an impact-assessable development application. Building approvalAssessed against: The planning scheme including: Centre or mixed use code
Open space zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.12 Dual occupancy is not listed for the Open space zone, so the default 'any other use' row applies and an impact-assessable development application is needed. Building approvalAssessed against: The planning scheme
Principal centre zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.7 dual occupancy is not listed for this zone, so the 'any other use' default applies Building approvalAssessed against: The planning scheme including:, Centre or mixed use code
Rural zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.23 A dual occupancy is not listed for the Rural zone, so it defaults to an impact-assessable development application. Building approvalAssessed against: The planning scheme
Special industry zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.17 A dual occupancy is not listed in the Special industry zone table, so the default applies and an impact-assessable development application is required. Building approvalAssessed against: The planning scheme
Special purpose zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.25 Two homes on one lot is not listed for this zone, so it falls under the 'any other use' default and needs an impact-assessed development application open to public objections. Building approvalAssessed against: The planning scheme including:, Special purpose code
Specialised centre zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.26 Dual occupancy is not listed in the Specialised centre zone, so the default 'any other use' row applies and you need an impact-assessable development application. Building approvalAssessed against: The planning scheme including: Specialised centre code
Sport and recreation zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.11 Dual occupancy is not listed for this zone, so the default 'any other use' row applies and an impact-assessable development application is needed. Building approvalAssessed against: The planning scheme

Overlays that change the answer

  • Traditional building character overlay. New dwelling house, dual occupancy, multiple dwelling, rooming/short-term accommodation become code assessable (design overlay). Demolition/removal/repositioning of a building constructed 1946 or earlier (various criteria) becomes code assessable (demolition overlay) unless in a Heritage sub-category. (Table 5.10.21)
  • Heritage overlay. Demolition/removal of part of a local heritage place, building work to a heritage place, and ROL/MCU in or adjoining a local heritage place become code or impact assessable (varies by precinct) unless an exemption certificate is issued under the Queensland Heritage Act. (Table 5.10.12)
  • Flood overlay. New dwelling house in a flood planning sub-category is accepted subject to requirements if it meets section A of the Flood overlay code, otherwise code assessable. Building work >25m² to an existing dwelling house, and most non-dwelling building/MCU/ROL in flood areas, become code assessable. (Table 5.10.11)
  • Bushfire overlay. New dwelling house in the Potential impact sub-category (outside an approved development footprint) is accepted subject to requirements if it meets AO20.2, otherwise code assessable. ROL and most non-dwelling MCU become code assessable. (Table 5.10.5)
  • Coastal hazard overlay. New dwelling house and extensions are accepted subject to requirements if they meet the relevant section of the Coastal hazard overlay code, otherwise code assessable. ROL and filling/excavation become code assessable. (Table 5.10.6)
  • Airport environs overlay. MCU (other than a dwelling house) in various airport sub-categories becomes accepted subject to requirements or code assessable depending on compliance with the relevant section of the Airport environs overlay code. A new dwelling house outside the ANEF contour is unaffected. (Table 5.10.2)
  • Transport noise corridor overlay. MCU for a dual occupancy, multiple dwelling, residential care/retirement facility or rooming accommodation (6+ people) with new/increased GFA becomes code assessable. (Table 5.10.23)
  • Industrial amenity overlay. Sensitive MCUs in the industrial amenity/hazard investigation sub-categories become code assessable; ROL becomes code assessable. (Table 5.10.13)
  • Water resource catchments overlay. Any MCU becomes code assessable. (Table 5.10.24)

Worth knowing in Brisbane

Base-case categories are drawn from the zone MCU tables (5.5), the ROL table (5.6), the building work table (5.7) and operational work table (5.8). For building work (shed, carport, garage, extension, pool, fence, demolition) the default category is 'accepted development' unless the building work table or an overlay makes it assessable — a separate building approval under the Building Act is still required. Secondary dwellings (granny flats) are assessed under the 'Dwelling house' row because the QPP definition of Dwelling house includes a secondary dwelling; a secondary dwelling must still meet the Dwelling house code acceptable outcomes to be accepted. Subdivision minimums shown are the thresholds at which ROL becomes impact assessable; ROL that meets the minimum is generally code assessable, and subdividing 1 lot into 2 in a residential or industry zone is regulated code assessment under section 5.4 unless an overlay applies. Lot-size rules in several residential zones vary by precinct and proximity to centres/key locations — the numeric value given is the smallest/entry threshold and the note explains the variation. Many neighbourhood plans (section 5.9) change the category of assessment for MCU and/or ROL in specific precincts (e.g. Bridgeman Downs sets specific lot criteria, Darra-Oxley sets 1,000-2,000m² industrial minimums, Fortitude Valley special entertainment area changes licensed-premises categories) — always check the applicable neighbourhood plan. Where a use is not listed in a zone's MCU table, the default category is impact assessment ('any other use'). Where development is in more than one overlay, the highest category applies. State Vegetation Management Act and other State approvals are separate from the local scheme position shown for tree clearing.

What else you'll need

  • Building approval

More about Brisbane

Other projects in Brisbane

Granny flatSubdivideShed or carportExtensionPoolFence or wallHome businessTownhousesShop, café or officeClear treesDemolish

The statewide position on this project: Dual occupancy in Queensland.

Read from the Brisbane City Plan 2014 tables of assessment. General information, not advice. The council's planning scheme and the Planning Act 2016 decide — confirm with the council or a town planner before you build.