Can I Build a Dual Occupancy in the Ku-ring-gai Council?

Housing changes in NSW are creating opportunites for Ku-ring-gai Council home owners

The NSW Government’s push to increase housing supply across Sydney has resulted in dual occupancies now being permissible in Ku-ring-gai Council area, whether council likes it or not.

Whilst the Ku-ring-gai Council has traditionally been known for its strict planning controls and resistance to increasing density, these NSW planning reforms are aimed at tackling the housing crisis.

For investors, developers and home owners, this opens the door for subdivision opportunities in Ku-ring-gai and dual occupancies being the most popular option.

Can I build a dual occupancy on my land in the Ku-ring-gai Council area?

As of July 1, 2024, the NSW Government made dual occupancies permissible in R2 (Low‑Density Residential) zones across Ku‑ring‑gai—BUT only via a Development Application (DA), not a fast‑track Complying Development Certificate(CDC) route.

Quick Reminder: What is the difference between a DA and CDC?

DA allows council planners assess your design on its merits, considering things like streetscape, neighbour impacts, and local character. This can be more flexible but may be more risky as Council can refuse to grant it.

A CDC is a fast-track approval that can be issued by a private certifier or Council. If you meet every requirement exactly, you must be approved, there is no subjective decision making by council.

You can apply via DA for a dual‑occupancy in the Ku-ring-gai council area if your land:

• is R2‑zoned,
• is not heritage‑listed,
• is not fire-prone,
• is not in a TOD area (Transport-Oriented Development precincts are areas nearby a major station that the NSW Government has identified for more complex development (often mid-rise apartments, townhouses, or mixed-use buildings).
• meets future minimum lot size and width criteria once formalised (see below).

 

What is the minimum lot size to build a dual occupancy in Ku‑ring‑gai Council

As of mid‑2025, Ku‑ring‑gai Council endorsed a proposed minimum lot size of 1,015 sqm. Council is now waiting for the NSW Government to formalize (gazette) this requirement and reinstate the CDC pathway.

If your property is within an Local Housing Area (LHA), the state’s minimum lot size for dual occupancies is 450 m² with 12 m frontage—but currently only available under a DA.

What do I need to do if I want to build a dual occupancy with my Ku-ring-gai property

• Check your property zoning and whether it’s in an LHA or excluded (e.g., heritage, bushfire‑prone, TOD).
• Monitor updates from Ku‑ring‑gai Council or NSW Planning for formal gazettal—which is expected around mid‑2025.
• If your property meets future standards, you’ll get to choose between CDC (faster) or DA (if you fall within LHA allowances).
• Council’s Development Control Plan (DCP) and any new floor‑space ratio (FSR) provisions for dual occupancies will also be released—these may influence design details.

Get a free consultation today to find out if you qualify