Tenure : Described, Defined and possible FAQ’s.

Tenure refers to the legal framework that establishes property ownership rights, uses and conditions, which may include duration and terms of possession.

It encompasses various types of ownership, such as freehold, leasehold, community/strata title,  company title and lease & licence agreements. It is regulated by laws and regulations to ensure property rights and obligations are upheld.

Choosing your best Tenure Option is where we can hopefully assist and provide valuable information in delivering a way forward for your property potential. Be that via a Subdivision, Community/Strat title, a Dual Occupancy, a Secondary Dwelling, Company Title or Lease and Licence Agreement. 

Some frequently asked questions (FAQ’s) we commonly get are along the lines of :

1. What is a community title? A community title refers to a type of property ownership where owners share common areas and facilities while having individual ownership of their specific lot. It is commonly used in residential developments with shared amenities such as swimming pools, parks, and community centers.

2. What is a strata title? A strata title is a form of property ownership where individuals own a specific unit or lot within a larger building or complex. Each owner has a share in the common property and is subject to certain by-laws and regulations governing the use and maintenance of the building.

3. How does a community title system work? The community title system allows for the creation of a community scheme where owners have individual lots and share common areas. The scheme is governed by a set of by-laws and managed by a community association or body corporate, which handles the maintenance and administration of the common property.

4. Can you explain the process of obtaining a community title? Obtaining a community title involves several steps, including preparing necessary documentation, lodging an application with the relevant authorities, obtaining approvals, and establishing the community association. Our experts can guide you through this process and ensure compliance with legal requirements.

5. What is dual occupancy? Dual occupancy refers to the development of two seperate dwellings on a single lot. It allows for two structures, such as a main residence and another dwelling, to coexist on the same property.

6. What are the benefits of dual occupancy? Dual occupancy offers several advantages, including the potential for rental income or multigenerational living arrangements. It allows homeowners to maximise land usage and can be a cost-effective way to increase dwelling densities in the current housing crisis.

7. Can I build a secondary dwelling on my property? Building a secondary dwelling on your property is possible in many cases, subject to local council regulations and specific requirements. Our experts can assess the viability of a secondary dwelling on your property and guide you through the necessary processes.

8. What is the difference between a secondary dwelling and a dual occupancy? A secondary dwelling is a self-contained generally dependant living unit on the same property as the main residence, while a dual occupancy typically involves two separate dwellings with their own titles. Dual occupancy generally allows for more flexibility in terms of ownership and potential for independent sale or lease.

9. How do I obtain approvals for a dual occupancy or secondary dwelling? Obtaining approvals for a dual occupancy or secondary dwelling generally involves submitting an application to the local council, which assesses factors such as compliance with zoning regulations, building codes, and environmental considerations. Our team can assist you with this process and bring in experts (Building Certifier or Town Planners) if required .

10. What are the considerations when designing a secondary dwelling or dual occupancy? Design considerations for secondary dwellings and dual occupancy include maximising functionality, ensuring privacy between dwellings, optimising the use of space, and complying with building regulations.                                                                                                   
11.  Can I subdivide my property? Property subdivision is possible in many cases. However, the viability depends on various factors such as local council regulations, land size, zoning, and infrastructure requirements. Contact us for a detailed Tenure Report of your property’s potential for subdivision.
12. What is the development approval process for subdivision? The development approval process for subdivision involves several steps, including preparing development applications (DA), obtaining council approvals, conducting assessments for infrastructure and services, and meeting compliance requirements.
13. How much does it cost to subdivide land? The cost of subdividing land can vary depending on factors such as the size of the land, location, council fees, infrastructure requirements, and professional services. To get an accurate estimate of the costs associated with your specific subdivision project, we recommend we start with a Tenure Options Report which will better guide your decisions going forward resulting in a tailored cost analysis.
14. What is the minimum land size for subdivision? The minimum land size required for subdivision varies based on local council regulations and zoning requirements. It is advisable to consult with our team to determine the specific minimum land size criteria applicable to your property. This can be done via a Tenure Options Report.