Subdivision

The reasons for subdividing your property can vary considerably. From utilising an area of your property you no longer need, downsizing or estate planning.

The process can become a complex and drawn-out one.

Subdivision is the process of dividing land or an existing building into two or more lots. Each lot then has a separate title and can be sold separately. A planning permit is generally required for all types of subdivision and is the first step in obtaining new titles for subdivided land. 

Before you can begin the formal subdivision process, a plan of your proposed subdivision needs to be submitted to council for approval together with any requirements of the relevant planning scheme. A permit to subdivide the land due to not only the zoning of the land but also if your land is in a heritage overlay or an area of environmental significance or flooding etc.

An application for planning permit must not only include the layout of the proposed subdivision but also supporting information to address the planning zone and overlays that your site is affected by.

When council issues your planning permit to subdivide, they will include a list of conditions that must be met before a Certification of the Plan and Statement of Compliance will be issued.

After being granted a Planning Permit for subdivision, next step will be to get your subdivision certified and then to receive a Statement of Compliance. These are also both issued by your local council.

This step can often be the most challenging and drawn-out part of the subdivision process.

Your planning permit will include many conditions that will need to be complied with before your land can be formally split into multiple lots. These conditions are often imposed by the local water and sewerage supply authorities in addition to the electricity supply authority and Councils Engineering Department to name a few.

The certification process in simple terms is to gain the support ‘on paper’ of the authorities for the subdivision to occur. This may involve the preparation of servicing and design plans that will need to be to the satisfaction of the relevant authority. The certification process requires a plan of subdivision prepared by a licensed land surveyor. We can direct you to reputable and well regarded surveyors.

The plan shows in precise detail the length and bearing of the proposed lots, size, area and any easements required.

The certification application is referred by Council to any relevant servicing authorities, many who may have been referred through the planning permit process.

Your plans cannot be certified by Council until all the requirements of each service authority is satisfied that all of their pre-certification requirements are met.

Once a Certification of the Plan is issued, your Planning Permit is guaranteed for a further 5 years before you must secure a Statement of Compliance (SoC).

To receive SoC, will need to physically meet a list of conditions outlined by council and other local service authorities.

To meet these conditions, you or your surveyor will need to liaise with these authorities and contractors and then inform your surveyor when each condition has been met.

Once your build has been completed and your conditions largely met, your surveyor will attend the site to conduct their survey. They will use this information to prepare and lodge the Plan of Subdivision with the Titles Office.

Once your Statement of Compliance has been issued, you (or your surveyor or solicitor) will need to lodge it at Land Victoria along with the certified plan and other documents which your surveyor will provide.

Land Victoria will then create individual titles for the lots in your subdivision.