Subdivision

Overview

A subdivision allows the applicant or owner to divide their existing property into two or more new individual parcels of land which can then get a separate title and be sold separately. Subdivision also includes altering title boundaries even if the number of lots does not change.

The process for subdividing land involves two stages:

  1. A planning permit application for subdivision is made; and if approved,
  2. An application for certification.

 

Steps for subdividing your property:

Before you apply

Council encourages all applicants to make contact and speak with a planner before submitting a planning permit application to subdivide land.

This will help determine whether your property is able to be subdivided as there may be minimum lot sizes and the relevant planning policies to assist with your application.

1. Apply for and obtain a planning permit

You will have to prepare and submit an application for a planning permit to subdivide your land with council. This application will be assessed in accordance with the Planning and Environment Act 1987 and the Yarriambiack Planning Scheme. 

You may either lodge the planning permit application yourself or opt to have it lodged by a licensed land surveyor. Council recommends that you engage a licensed land surveyor to prepare the plan of subdivision for both the permit application and certification.

Licensed land surveyors are the only people qualified in Victoria to determine the location of your title boundary and surveying new title boundaries.

The Association of Consulting Surveyors Victoria and the Institute of Surveyors Victoria can help you find a licensed land surveyor.

Most land surveyors are registered with SPEAR (Surveying and Planning through Electronic Applications and Referrals) and will lodge applications using this online portal.

There are fees payable for a planning permit application involving subdivision. Please see council’s planning fees schedule.

We may refer your application to other agencies and authorities including, but not limited to, GWMWater, Powercor, the Wimmera Catchment Management Authority, the Mallee Catchment Management Authority, and the Department of Transport and Planning.

If your planning permit application is approved, it will contain conditions that must be satisfied in order for the subdivision to proceed. This may include conditions from servicing authorities or to complete public works or other works in association with the development of the land.

2. Apply for and obtain a certified plan of subdivision

Please note that you while you may submit an application to subdivide land yourself, you must engage a licensed land surveyor to prepare a plan of subdivision that will be lodged with the Titles Office.

Once the planning permit has been issued, the plan of subdivision that has been prepared by a licensed land surveyor must be certified by Council in accordance with the Subdivision Act 1988.  

The application for certification is separate from and follows the approval of your planning permit application.

Before Council certifies your plan of subdivision, there may be a range of permit conditions which need to first be satisfied. As well as satisfying conditions on the planning permit, the agencies and authorities must consent to the plan being certified.  

Additional fees are payable for an application to certify a plan of subdivision. Please see council’s planning fees schedule.

3. Obtain a Statement of Compliance

A Statement of Compliance is issued by Council once all the requirements of the planning permit are met and all of the servicing authorities have consented to the issuing of the Statement of Compliance.

4. Lodge with the Titles Office

Once the Certified Plan of Subdivision and the Statement of Compliance have been issued, you can lodge them with Land Victoria who can then embark on the process to issue new titles for each newly created lot.

Consolidation of land

The consolidation of land, the process of combining lots, does not require a planning permit, however it does require an application for certification.

The process for the consolidation commences at Step 3 from above as the plan of the consolidation will need to be prepared by a licenced land surveyor.