Can I build a dual occupancy if there are protected or regulated trees on the block?
Yes, potentially. Protected trees do not automatically prevent a dual occupancy, but they can affect where the dwellings, driveway and other works can be located. Tree surveys, arborist advice, a Tree Management Plan and/or approval for works affecting protected trees may be required.
Yes, potentially. Having protected or regulated trees on the block does not automatically prevent a dual occupancy, but the development must be designed to appropriately retain and protect trees where required.
ACT Planning says existing regulated or registered trees need to be identified when preparing a development proposal. Depending on the works, you may need an arborist's tree survey/report and a Tree Management Plan.
The Missing Middle Housing Design Guide – 3.3D Tree Retention also recommends conducting a tree survey, incorporating significant existing trees into the site design, establishing appropriate protection zones around retained trees, and protecting them during construction.
If the proposed building, excavation, driveway or other works would affect a protected tree, the design may therefore need to be adjusted around the tree, or the appropriate approval obtained for works affecting it.
Reference: ACT Missing Middle Housing Design Guide – 3.3D Tree Retention - ACT Missing Middle Housing Design Guide
Link on the answer: https://www.planning.act.gov.au/__data/assets/pdf_file/0020/3092411/ACT-Missing-Middle-Housing-Design-Guide.pdf
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| Dual Occupancy Q&A | #404 | agrees | 13/08/2026 |