Can I subdivide my block if I already have a house, and sell the newly created vacant block?

There are two subdivision options to consider if you already have a house on your block and want to create separate ownership. However, the option that applies depends on whether you want to create a new block of land or separate units within the existing block.

Option 1 – Block subdivision (applicable if you want to create and sell a vacant block)
A block subdivision may be possible if your existing block can be divided into two separate blocks that meet the Territory Plan requirements. The Development Application must show that each new block can support a compliant dwelling. If approved, the new vacant block can receive its own Crown lease and may be sold separately. However, if the new block is undeveloped, the new Crown lease may include requirements to build a dwelling, and approval from the Minister may be needed before transferring the block if the dwelling has not been constructed.

Option 2 – Unit title subdivision (generally not applicable if you only want to sell a vacant block)
Unit title subdivision does not create a new block of land. Instead, it creates separate ownership of dwellings within the same block. This option is generally used where there are multiple dwellings (such as a dual occupancy) that have been lawfully constructed and are intended to be sold as separate units. It would not allow you to sell an empty piece of land separately.

For your situation (one existing house and the goal of selling a new vacant lot), block subdivision is the relevant pathway to investigate. The ability to proceed will depend on the block’s zoning, minimum block size, access, servicing, lease conditions, and other Territory Plan requirements.

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