Preparation

The Plan of Subdivision is prepared by a licensed Surveyor and allocated a Plan of Subdivision number supplied by the Titles Office.

As a general rule – in the residential zone 1 and any zone with design development overlays 2 and 4 and any new allotment less than 500 m², created in a Subdivision Plan will require a building designed for that lot or a building envelope shown on the lot/s.

This Subdivision Design Plan is submitted with the Planning Application. The Subdivision will be advertised by a sign on the lot and letters are also sent to neighbours (owners and occupants).

This rule varies slightly between each council. Processing this part of the application can take some time, so an extra month should be considered to cover any problems. The entire application, depending on the number of allotments in the subdivision, may take 9-12 months to be completed.

Councils also require a site analysis/design response report on all surrounding houses including window locations, window sill heights and trees. Significant features and levels are submitted on a plan with documentation which outline how the subdivision will compliment the planning requirements.

Levies

The Plan will then be examined by different authorities. The drainage, water, sewerage and electricity authorities have specific requirements for supply that may result in levies to be paid and works to be carried out. Charges usually apply for the reticulation of water, sewage and electricity. Council may require a levy based on the valuation of the property if

(i) The subdivision is more than 2 lots or

(ii) A lot in a 2 lot subdivision can be further subdivided.

On a separate application, the sewerage and water authorities issue their requirements in writing and an application fee is charged for sewerage and water conditions.

The authorities may then require an alteration to the plan such as the addition of an easement. If this occurs, the authority will request a time extension so the plan can be altered and re-submitted to council.

Compliance

The Certificate of Compliance is the documentation that is issued by council when all planning permit and conditions of the authorities have been put in place. This appears in the certification and endorsement section on the face sheet of the Plan of Subdivision Compliance. It is either endorsed on the Certified Plan or issued separately. If the endorsement is crossed out on the Plan, the Plan does not contain compliance and a separate document will be issued when all requirements are completed.

Authorities

Under the Subdivision Act, within 7 days, council must forward copies of the Plan to the statutory authorities which have jurisdiction over the area being subdivided.

Council must return, as a form of receipt, a copy of this “form 1” to the lodging party indicating the date the plan was received by council and the names of the authorities to which the plan was referred.

Response

The authorities have 35 days from receipt of the plan to issue any requirements or request for any alterations to the Plan.

Under the Subdivision Procedures Regulations, council has 49 days from receiving the plan to issue a Certified Plan. Under the Planning and Environment Act and Regulations, council must respond and complete the planning requirements within 60 days (this rarely happens). The Planning Permit (when issued) will contain council requirements and a general reference to the authority’s requirements. The planning permit process is quite time consuming. All processes of the planning application and advertising (which may attract objections) must be completed before certification can proceed.

Titles

The Certified Plan may be lodged at the Titles Office without compliance, however Titles for the new lots will not be issued until compliance is granted by council. If there is a contract of sale on lots in the subdivision, the compliance document is extremely important and it is necessary to act on all requirements as soon as possible.

The Certified Plan is valid for five years from the original certification date.

The Planning Permit is valid for two years and can be extended for a fee.

Works

The authorities who have requested works will inform council when the work has been satisfactorily completed. It is very important to make sure that this has been done by following up with council.

Referral

During the referral period, the survey works prescribed by the Subdivision and Land Surveyors Acts will be carried out. Lot corners will be pegged and documents required by the Titles Office and Surveyors General Office will be compiled.

These documents, with the Certified Plan, duplicate Certificate of Title, mortgage papers etc. are lodged at the Titles Office. This work is generally carried out by your solicitor.