Subdividing allows you to divide land into two or more new parcels that can be disposed of separately. A plan of subdivision is required for this.

In order to subdivide land, you must have a planning permit. Applications for residential subdivisions are assessed under the relevant provisions of all planning schemes. A planning permit is a legal document that gives permission for use or development on a particular piece of land.

A permit may be subject to a time limit or expire under specified circumstances. The responsible authority (usually the local council) may impose conditions when granting a permit.
The local planning scheme determines whether a planning permit is required to use or develop your land in a particular manner.

You should engage a licensed land surveyor to survey your land and prepare a draft plan of Subdivision. This, along with the statement of compliance and field notes, are lodged through the SPEAR system by your surveyor. The SPEAR system allows subdivision planning permit and certification applications to be compiled, lodged, managed, referred, approved and tracked online, anytime. Once your surveyor has lodged the the documents electronically through the SPEAR system, an application must also be lodged over the counter.

Our services include preparing and lodging your Application for Plan of Subdivision with payment at the Land Titles office. In some cases the land you are subdividing will have a mortgage on the title and we can arrange with your Mortgagee bank to make the Certificate of Title available at the Land Titles Office to lodge in conjunction with the Application for the Plan of Subdivision.

Subscribe to our legal services newsletter