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.
| Zone | What the table says | Conditions | What 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
- What can you build in Brisbane? Council overview and development applications
- Every Queensland zone explained, with what each council allows and the planning overlays that change the answer
- What Brisbane City Council charges for a development application, compared with other councils
- A Landbrief site report for your Brisbane address — every planning layer that applies to the lot
- Development applications in Rochedale
- Development applications in Bulimba
- Development applications in Paddington
- Development applications in New Farm
- Development applications in Wynnum
- Development applications in Doolandella
- Development applications in Ashgrove
- Development applications in South 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.