Subdividing your property is an exciting venture for any property owner. However, the process can become a complex and drawn-out one. That’s why we’ve put together a easy guide to subdivision.
If this is your first subdivision, navigating council requirements, local service authorities and contractors can be challenging.
However, with a good understanding of the general process and the help of your land surveyor, your subdivision can run smoothly and without unexpected costs and delays.
Here is our step-by-step guide to the general process for completing a simple (2 Lot) Subdivision in Victoria.
Step 1: Obtaining a Planning Permit to Develop.
Before you can begin the formal subdivision process, your building plans need to be submitted to council for approval. Once approved, council will issue a planning permit for development.
Do you need a surveyor at this stage of the process?
It is likely that your architect has already engaged a surveyor, or asked you to engage one yourself, to complete a Title Re-Establishment and Feature & Level Survey at your property. This will give your design team all the important title, boundary, and feature information needed to prepare the development plans that are submitted to council in this step.
Step 2: Obtaining a Planning Permit to Subdivide
Once you have been issued a planning permit for development on your property, you can go ahead and begin the formal subdivision process.
The first step will be to have a licensed surveyor apply for a subdivision Planning Permit (not to be confused with the development Planning Permit issued in Step 1). A surveyor will do this by preparing a Plan of Subdivision and submitting this to council on your behalf. No surveying fieldwork will be required at this stage, as your surveyor will use the approved plans from Step 1 to draft the plan and begin the process.
A standard planning permit application for subdivision will cost approximately $1,492.90 in combined council fees. This would be in addition to the surveyor’s fees for drafting the Plan of Subdivision.
It is worth noting that your surveyor may be able to apply for an alternative subdivision planning permit at a much-reduced cost. A VICSMART Application, which costs approximately $374.00 in combined council fees, may be applicable if you can provide your surveyor with the following:
– A copy of the approved development permit issued in Step 1.
– A PDF copy of site plans.
– Evidence of construction having commenced on site.
Be sure to check with your surveyor to see if you are eligible for this more cost-effective planning permit option.
Local councils generally take 4-6 weeks to review a planning permit application.
Step 3: Working towards Certification of the Plan and a Statement of Compliance
Once you have successfully been issued a Planning Permit for subdivision, your next goal will be to work towards a Certification of the Plan (of Subdivision) and a Statement of Compliance. These are both issued by your local council.
This step can often be the most challenging and drawn-out part of the subdivision process. The good news is that the steps needed to secure the above documents can be completed alongside the building process , so as to not delay your subdivision project.
It is important to note the important timeframes relevant to this step of the subdivision process:
– Once your Planning Permit for subdivision has been issued, you have two years to secure a Certification of the Plan before your Planning Permit expires (and you need to return to Step 1 of the Guide to Subdivision!)
– 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.
How do you secure your Certification of the Plan and Statement of Compliance?
The simple answer is that you will need to meet a list of conditions outlined by council and other local service authorities.
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.
The list of conditions have been drafted by council and local service authorities including sewer and water, drainage, telecommunication and electrical authorities. These conditions may include requests such as the now required Form 1 and Form 2, which make all new developments ready for NBN connection.
To meet these conditions, you or your project manager will need to liaise with these authorities and contractors and then inform your surveyor when each condition has been met.
Your surveyor will be able to relodge the Plan of Subdivision and update SPEAR (the online management portal for your subdivision application) when each of these conditions are 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. This will include updates on SPEAR so that Council can issue a Certification of the Plan and Statement of Compliance.
Step 4: Lodging with Land Registry
Once council have issued a Statement of Compliance, your surveyor will send your Plan of Subdivision (stamped with the Statement of Compliance) and required survey documentation to Land Registry.
This is the final step in the subdivision process and is required so that Land Registry can issue the now separate titles.
Once your surveyor submits your Plan of Subdivision to Land Registry, it will sit pending until it is formally lodged by yourself or a conveyancer or lawyer acting on your behalf.
Although it is possible to lodge at Land Registry yourself, we highly recommend using a conveyancer or lawyer as the process can be quite complicated.
Once lodged, Land Registry will issue your conveyancer or lawyer with your separate titles and the subdivision process is complete!
How can we help?
Give Sam and team at Linear Land Surveying, (Melbourne land surveyors) a call on 9873 8888, or email survey@linearlandsurveying.com.au, for more information and help with your subdivision needs.
The information on this website is intended to be general in nature and is not personalised land development advice. It does not take into account your specific objectives, land development site or financial situation. Before acting on any information, you should consider the appropriateness of the information provided and seek more specific advice from the professional team at Linear Land Surveying.
