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 :

What is a Community Title?

A Community Title is a type of property ownership where each owner owns their building (generally to the middle of the wall) and has their own individual lot while sharing ownership of common areas such as access, garden areas, landscaped spaces, or recreational facilities. Community title developments are commonly used for residential estates and townhouse communities. Generally this involves the “horizontal” subdivision of buildings. 

What is a Strata Title?

A Strata Title allows you to own an individual unit, apartment or townhouse within a larger development while sharing ownership of common property such as driveways, lifts, gardens and shared facilities. Owners are members of the body corporate, which manages and maintains the common areas. 

Generally this involves the “vertical” subdivision of buildings. How does a 

Community Title Scheme work?

A Community Title Scheme divides a building/s into individually owned lots and shared common areas. The scheme is managed by a community association or body corporate, which is responsible for maintaining shared facilities and ensuring the community operates in accordance with its by-laws.

How do I obtain a Community Title?

Creating a Community Title involves preparing survey plans, lodging applications, obtaining council approvals and registering the scheme. Our experienced team can project manage the entire process and ensures your project meets all legal and council requirements.

What is Dual Occupancy?

Dual Occupancy is the development of two separate dwellings on a single property. This may include a new home alongside an existing dwelling or two newly constructed homes on one lot, depending on council requirements.

What are the benefits of Dual Occupancy?

Dual Occupancy can:

• Increase your property’s value
• Generate additional rental income
• Provide flexible living for extended families
• Maximise the use of your land
• Increase housing supply without purchasing another property

Can I build a Secondary Dwelling on my property?

In many cases, yes. A Secondary Dwelling (often called a granny flat) is permitted subject to local council planning rules, zoning and site requirements. We can assess your property’s suitability and guide you through the approval process.

What is the difference between a Secondary Dwelling and Dual Occupancy?

A Secondary Dwelling is a self-contained home located on the same lot as the main residence and is generally considered ancillary to the primary dwelling.

A Dual Occupancy consists of two separate dwellings that may be eligible for separate titles, providing greater flexibility for future sale, leasing or subdivision.

How do I obtain approvals for a Dual Occupancy or Secondary Dwelling?

Approvals usually require a Development Application (DA) or other planning approvals, depending on your local council. We coordinate the process and work closely with surveyors, town planners and building certifiers to help achieve a successful outcome.

What should I consider when designing a Dual Occupancy or Secondary Dwelling?

Good design should maximise available space while maintaining privacy, functionality and compliance with planning and building regulations. Careful planning also helps improve long-term property value and liveability.

Can I subdivide my property?

Many properties can be subdivided, depending on zoning, minimum lot sizes, council requirements, available services and site characteristics.

Our Tenure Options Report provides a detailed assessment of your property’s subdivision potential and outlines the most suitable development opportunities.

What is the subdivision approval process?

Subdivision generally involves:

• Assessing the property’s development potential
• Preparing survey plans
• Lodging Development Applications (DA)
• Obtaining council approvals
• Meeting infrastructure and servicing requirements
• Registering the new lots

Our team project manages every stage of the subdivision process from start to finish.

How much does it cost to subdivide land?

Subdivision costs vary depending on your property’s size, location, council fees, infrastructure requirements and professional services. We recommend starting with a Tenure Options Report, which provides a clear understanding of your property’s development potential and allows us to prepare a tailored cost estimate.

What is the minimum land size for subdivision?

Minimum lot sizes differ between councils and zoning areas. The best way to determine your property’s subdivision potential is through a Tenure Options Report, where we’ll assess local planning controls and provide practical development advice specific to your site.