Subdivision of Property
Subdivision of Property
Subdivision is the process that creates additional lots, provides for the realignment of title boundaries between sites, consolidates lots, allows for excision of dwellings, and creates and removes reserves or restrictions from a title (ie. a restrictive covenant).
Planning applications for subdivisions are typically lodged by a Licensed Land Surveyor on a client’s behalf. They are familiar with the steps involved in the subdivision process and should be registered to use an online system known as SPEAR to lodge applications and meet all relevant planning scheme requirements.
SPEAR is linked directly to Planning Schemes and Planning Maps online, assisting applicants by allowing them to confirm property details and check documents, thereby minimising application errors.
Council's Planning Department would like to encourage you to lodge your subdivision application via SPEAR. Not only will it allow you to see the status of an application anytime, the State Government has determined that the processing times for applications lodged on SPEAR are 30% less than those lodged in the normal way. This is because key steps in the process, such as referrals, can occur with the click of a button instead of following the traditional hard copy mail process.
Certification and Certificate of Compliance for Subdivision
Certification enables a subdivision proposal to proceed. Certification is undertaken by council and ensures that any proposed plan of subdivision complies with the Subdivision Act, the regulations and any requirements of the planning scheme or planning permit and any matter required under section 6(1) of the Subdivision Act.
Under section 21(1) of the Subdivision Act, an applicant receives a statement of compliance from a council once all public works and open space requirements placed on a proposal under the planning system or under the Subdivision Act have been satisfied or adequate arrangements have been made to secure compliance with those requirements.
A statement of compliance cannot be issued before a plan is certified and it must be obtained before a plan can be registered with Land Victoria. A statement of compliance enables a council to ensure compliance with any agreements and conditions placed on any planning permit relating to public works and open space provision.