A plan of subdivision permits an owner of a parcel of land to divide the land into two or more new parcels of land.
New parcels of land that can be created by a plan of subdivision are lots, roads, reserves or common property.
A plan of subdivision may create restrictions, owners corporations and any easements (including implied easements) necessary to make the development of land functional.
Any new plan of subdivision is lodged and approved by Land Use Victoria in accordance with section 22 of the Subdivision Act 1988 (Vic).
A plan of subdivision may also remove or vary restrictions and easements encumbering a parcel of land (as created in an earlier plan of subdivision), with a planning permit under Section 23 of the Subdivision Act 1988 (Vic).
A plan of subdivision can be complicated and has certain legal requirements. Therefore, it is highly recommended that a legal practitioner and land surveyor be engaged to oversee the application process from the start.
A subdivision of land must ensure the land is used and developed in a sustainable manner, having regard to a range of environmental, social and economic considerations.
In general, a registered proprietor of land who wishes to have a plan of subdivision registered must:
(a) Have a licensed land surveyor to prepare a plan of subdivision in accordance with the Subdivision Act and the relevant local authority planning scheme, regulations and by-laws;
(b) The surveyor will apply for a planning permit for development with subdivision. An approval at this stage ensures, in principle, that the proposal complies with the Planning and Environment Act 1987 (Vic) and the local planning scheme. The planning permit will set the general parameters and conditions for final approval of the subdivision by the local authority;
(c) The plan of subdivision is submitted to the local authority for certification. Certification ensures the plan meets the requirements under the Subdivision Act 1988 (Vic), the planning permit requirements and those of any referral authorities;
(d) Obtain approvals for any engineering plans (if required) and complete any works;
(e) Obtain a statement of compliance from the local authority. This is the final approval letter from the local authority stating that all the requirements for the subdivision have been satisfied; and
(f) Finally, lodge the certified plan at Land Use Victoria for registration together with the statement of compliance and any prescribed information and application forms. This is where the new titles will be issued for each lot created.
A statement of compliance issued by the local authority enables an authority to ensure the registered proprietor of the land has complied with any agreements and conditions placed on any planning permit relating to public works and open space provision.
A statement of compliance cannot be issued before a plan of subdivision is certified and it must be obtained before a plan of subdivision can be registered with Land Use Victoria.
Yes, you need a planning permit to subdivide land. In most instances you will be required to apply for a planning permit for a development of a property. This is done to ensure that the new lots are able to be used for the purpose of the plan of subdivision.
Planning permits and building permits are different. This means that you may need one or both depending on your proposed work.
(a) A Planning Permit is for the use and/or development of land;
(b) A Building Permit relates to the construction of a building only, under the Building regulations.
If you require both permits, you must get the planning permit before applying for the building permit. It is important to note that because you have had a planning permit issued does not mean that you can start construction without first getting a building permit.
A plan of consolidation allows a registered proprietor to consolidate two or more parcels of land into one parcel. Only one new parcel can be created by a plan of consolidation.
As part of the consolidation process a plan of consolidation may create, remove and vary restrictions and easements created in earlier plans or dissolve an owners corporation.
Generally, once a plan of subdivision has been lodged at Land Use Victoria, it will take approximately 15 business days between plan lodgement and registration. It is important to note that this timeframe depends on the number of plans already lodged at the time and the complexity of, or errors on, the plan.