Dual Occupancy

Guide · Subdivision · NSW

Torrens title or strata for a duplex in NSW: which one, and when is it decided?

A finished duplex becomes either two Torrens titles, two strata lots, or stays on one title. The choice changes who owns the land, who pays for what and how easily each half sells, and it has to be made before the design is drawn.

By Keiron Moore, Founder and Managing Director, CKS ProjectsPublished Updated 3 min read

Most owners think about the title last, after the duplex is built. It works better the other way round. The dual occupancy guide covers approval; this page covers what the two homes become on paper once they are finished.

What is the difference between Torrens title and strata?

Torrens title means each home sits on its own lot of land, which its owner owns outright: the ground, the house and the airspace. There is no owners corporation and no shared fund. Strata title means each owner owns a lot defined by the building, and everything else (often the driveway, the roof and the garden areas) is common property owned by an owners corporation, which both owners belong to. Strata schemes in NSW are set up under the Strata Schemes Development Act 2015 and run under the Strata Schemes Management Act 2015.

How do they compare for a duplex?

Torrens title and strata for a two-dwelling duplex
QuestionTorrens titleStrata
What do you own?Your lot of land and everything on itYour strata lot, plus a share of the common property
Shared decisionsNone, apart from any easements and the shared wallMade by the owners corporation; by-laws apply
Building insuranceEach owner insures their own homeThe owners corporation insures the building
Shared costsOnly what easements or agreements setLevies for common property and insurance
Minimum lot rulesEach lot must meet the subdivision standardSet by the scheme, not a land-area minimum per lot in the same way

When is the title decided?

At the start. The subdivision is usually applied for with the dual occupancy, or straight after it, and the approval sets what is possible. Within a low and mid-rise housing area, the state standards allow Torrens subdivision of a dual occupancy (in the R1, R2 and R3 zones) where each lot is at least 225 m² and 6 m wide. Outside those areas, the council's LEP and Development Control Plan set the minimums; the minimum land size page works through Wollongong's.

Once the homes are built, a subdivision certificate is issued and the plan is registered with NSW Land Registry Services, which creates the new titles.

How does the title change the design?

  • Services: Torrens lots need their own water, sewer, electricity and stormwater connections, running within their own lot or through easements.
  • The shared wall: on a side-by-side Torrens duplex the lot boundary runs down the party wall, which has to provide the fire separation the National Construction Code requires.
  • Access: a front-and-back Torrens duplex usually needs an access handle or a right of carriageway for the rear lot, which takes width from the block.
  • Common areas: strata can keep a shared driveway or garden as common property, which suits narrow lots, but someone has to manage it.

The layout and the title are one decision: see side-by-side or front-and-back for the layout half.

Which one suits you?

If you plan to sell one or both homes, Torrens is usually simpler for buyers to understand. If you are keeping both, or the lot cannot meet the Torrens minimums, strata or a single title can still work. Ask your solicitor and lender early, because the title affects valuation and finance.

On every duplex site I check the title outcome before the floor plan, because it decides where services, walls and driveways go. If you are starting out, talk to a Wollongong builder who plans the title split before the duplex design starts.

Sources

Checked on 25 October 2026.

General information from a builder, not planning or legal advice. Confirm the controls for your lot with your council, a certifier or a solicitor.

Questions

Torrens or strata, plainly answered

What is the difference between Torrens title and strata for a duplex?

Keiron Moore explains that with Torrens title each home sits on its own lot of land owned outright, while with strata each owner owns a strata lot and shares common property through an owners corporation.

What is the minimum lot size to Torrens title a duplex in NSW?

Keiron Moore notes that within a low and mid-rise housing area the state standard allows Torrens subdivision of a dual occupancy where each lot is at least 225 square metres and 6 metres wide; elsewhere the council's LEP and DCP set the minimums.

When should I decide between Torrens and strata?

Keiron Moore recommends deciding before the design is drawn, because the title decides where services, the shared wall and the driveway go.

Does a strata duplex need building insurance from the owners corporation?

Yes. Keiron Moore says that in a NSW strata scheme the owners corporation insures the building, and the cost is shared through levies.

Find out whether your lot will carry two homes.

45 minutes on your site with Keiron Moore: zone, lot size, width, slope and services, before any design work starts. No fee, no obligation.

Call Keiron on 0416 978 669 Email info@cksprojects.com.au

Mon–Fri 8.00am–4.30pm.