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Can I build a dual occupancy if my block has an easement?

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Yes, potentially. An easement does not automatically prevent a dual occupancy, but it can restrict where you can build. The development must maintain required access and infrastructure clearances, and approval from the relevant easement or utility provider may be required.

Yes, potentially. Having an easement on your block does not automatically prevent a dual occupancy, but it can restrict where buildings and other structures can be located.

An easement gives another person or organisation rights to use or access part of the land—for example, for stormwater, sewer, water, electricity or access.

If the proposed development affects an easement, the easement and relevant infrastructure must be considered in the design. For example, Icon Water states that permanent structures cannot be built over easements affecting its infrastructure/access, and appropriate access and clearances must be maintained.

Therefore, the dual occupancy may need to be positioned or redesigned around the easement, and approval or written consent from the relevant utility/infrastructure provider may be required where the proposal affects its easement or assets.

Reference: ACT Planning – Easements - https://www.planning.act.gov.au/community/get-to-know-your-block/surveying-a-boundary/easements

Link on the answer: https://www.planning.act.gov.au/community/get-to-know-your-block/surveying-a-boundary/easements

Where this question is kept

Dual Occupancy Q&A#403agrees13/08/2026