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Subdivision

A plan of subdivision allows a property owner to divide land into two or more new parcels of land that can be disposed of separately.

Divisions by a land owner, of all or part of a parcel of land, into separate allotments (or sections), each with a separate title, in accordance with a ‘plan of subdivision’ must be approved by the local planning authority – generally the local council and then lodged at the Titles Office.

As part of the subdivision process a plan may create restrictions, owners corporations and any easements necessary to make a development functional.

A plan of subdivision may also remove or vary restrictions and easements (created in an earlier plan of subdivision).

Subdivision process

A typical, simplifed subdivision process involves the following steps:

  • A planning permit allowing subdivision is granted by the relevant authority ( generally the local council.) If issued, this will set the general parameters and conditions for final approval of the subdivision.
  • A formal plan of subdivision that has been prepared by a licensed surveyor, as required under the Subdivision Act 1988, is certified. The plan must be compliant with the planning permit.
  • A statement of compliance for the subdivision, as required under the Subdivsion Act 1988, is issued. This shows evidence of compliance with all public work requirements of the permit, which primarily are those of the service authorities.
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Michael is a director of Metropole Property Strategists who help their clients grow, protect and pass on their wealth through independent, unbiased property advice and advocacy. He's once again been voted Australia's leading property investment adviser and his opinions are regularly featured in the media. Visit Metropole.com.au


'Subdivision' have 2 comments

  1. Avatar for Property Update

    August 5, 2017 @ 3:47 pm Raj

    Me and my fried and our spouses ( 4 of us) bought a land . Build 2 new townhouses. We want to live there (already living) . We are in the process of subdivision.

    We want the titles on each of us. We have a deed in place prior to the construction among us that we have equal shares.

    We bought this property with old house and we paid stampduty.

    With equal split and titles transfer to each of us for the new homes do we need to pay stampduty ?

    I am having coflicting answers that we dont need to pay if we have an agrrement in place before construction ?

    Our agreement is just on paper signed by all of us and witessed by a third party.

    Can you please clarify on stampduty

    Reply

    • Avatar for Property Update

      August 6, 2017 @ 8:21 am Michael Yardney

      Raj – this is a common issue and needs tax and legal advice from professionals becuase the rules vary from State to State and have GST as well as stamp duty implications

      Reply


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